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[Federal Register Volume 76, Number 75 (Tuesday, April 19, 2011)]
[Notices]
[Page 21944]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-9384]

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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

Petition for Waiver of Compliance

    In accordance with Part 211 of Title 49 Code of Federal Regulations 
(CFR), notice is hereby given that the Federal Railroad Administration 
(FRA) has received a request for a waiver of compliance from certain 
requirements of its safety standards. The individual petition is 
described below, including the party seeking relief, the regulatory 
provisions involved, the nature of the relief being requested, and the 
petitioner's arguments in favor of relief.

Mr. David Kloke

[Waiver Petition Docket Number FRA-2011-0011]

    Mr. David Kloke, a private individual, has constructed a newly 
built (2009) replica of a steam locomotive originally built in the 
1800's. The Leviathan #63 represents one of the four locomotives 
constructed by the Schenectady Locomotive Works for the Central Pacific 
Railroad in 1869; and is a sister to the Jupiter #60, of which a 
replica constructed in 1979, from the same blueprints and tooling is 
owned and operated by the National Park Service at Promontory Summit, 
Utah.
    The Leviathan is constructed to educate the public concerning early 
American railroad history and simultaneously convey knowledge about the 
design, capabilities, operation, and history of this type of 
locomotive. Mr. Kloke states that Leviathan is not to be put into 
regular commerce as either a passenger or freight locomotive. 
Nevertheless, it will occasionally pull some cars appropriate for its 
historic and educational mission, and will be used only for special 
events.
    As a newly constructed locomotive, Leviathan cannot avail itself of 
several provisions of Title 49 CFR that are grandfathered for 
antiquated equipment, such as Leviathan represents. By letter of 
February 4, 2011, and supplemental letter of March 31, 2011, Mr. Kloke 
petitions that due to the unique purpose, nature, and use of this 
locomotive, certain regulations under 49 CFR part 223, 231.15(b) and 
(d), and 231.17(c) should be determined to be inapplicable to the 
Leviathan. In the event FRA does not determine the inapplicability of 
these regulations, Mr. Kloke requests relief from 49 CFR part 223, 
Safety Glazing Standards (Sec.  223.9 Requirements for new or existing 
equipment) and 49 CFR part 231, Railroad Safety Appliance Standards 
(Sec.  231.15 (b) and (d), Steam locomotives used in road service--
Pilot sill-steps and Side handholds and (Sec.  231.17(c), 
Specifications common to all steam locomotives--Handrails).
    Interested parties are invited to participate in these proceedings 
by submitting written views, data, or comments. FRA does not anticipate 
scheduling a public hearing in connection with these proceedings since 
the facts do not appear to warrant a hearing. If any interested party 
desires an opportunity for oral comment, they should notify FRA, in 
writing, before the end of the comment period and specify the basis for 
their request.
    All communications concerning these proceedings should identify the 
appropriate docket number (e.g., Waiver Petition Docket Number FRA-
2011-0011) and may be submitted by any of the following methods:
     Web site: http://www.regulations.gov. Follow the online 
instructions for submitting comments.
     Fax: 202-493-2251.
     Mail: Docket Operations Facility, U.S. Department of 
Transportation, 1200 New Jersey Avenue, SE., W12-140, Washington, DC 
20590.
     Hand Delivery: 1200 New Jersey Avenue, SE., Room W12-140, 
Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, 
except Federal holidays.
    Communications received within 45 days of the date of this notice 
will be considered by FRA before final action is taken. Comments 
received after that date will be considered as far as practicable. All 
written communications concerning these proceedings are available for 
examination during regular business hours (9 a.m.-5 p.m.) at the above 
facility. All documents in the public docket are also available for 
inspection and copying on the Internet at the docket facility's Web 
site at http://www.regulations.gov.
    Anyone is able to search the electronic form of any written 
communications and comments received into any of our dockets by the 
name of the individual submitting the document (or signing the 
document, if submitted on behalf of an association, business, labor 
union, etc.). You may review DOT's complete Privacy Act Statement in 
the Federal Register published on April 11, 2000 (Volume 65, Number 70; 
Page 19477) or at http://www.dot.gov/privacy.html.

    Issued in Washington, DC, on April 13, 2011.
Robert C. Lauby,
Deputy Associate Administrator for Regulatory and Legislative 
Operations.
[FR Doc. 2011-9384 Filed 4-18-11; 8:45 am]
BILLING CODE 4910-06-P
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