[Federal Register Volume 75, Number 217 (Wednesday, November 10, 2010)]
[Notices]
[Page 69157]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-28313]


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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.

Virginia & Truckee Railroad

[Waiver Petition Docket Number FRA-2010-0093]

    The Virginia & Truckee Railroad (V&T) petitioned FRA for relief 
from the requirements of 49 CFR 215.203 Restricted Cars, for five 
pieces of freight equipment used in tourist/excursion service and the 
associated stenciling as required under 49 CFR 215.303.
    V&T is a tourist, excursion, or educational railroad operating 
between Virginia City and Carson City via Gold Hill, Nevada. The 
railroad was relayed after having been removed at the conclusion of 
commercial operations. The railroad operates an average of seven round 
trips between Virginia City and Gold Hill Depot, NV, per day, May 
through October. They also operate three trains between Carson City to 
Virginia City, NV, Saturday & Sunday May through October, with special 
trains scheduled in November. The maximum operating speed for the 
entire railroad is 20 mph.
    All of the freight equipment referenced in the petition is operated 
by V&T on a non-insular, not part of the general system of 
transportation railroad. The railroad line is not connected to the 
general system at either end, but has public highway crossings at 
grade. This Special Approval shall apply only to the following five 
cars: V&T 50, V&T 55, V&T 54, V&T 123, and V&T MW 124, owned and 
operated by V&T. A consolidated list of the equipment and the 
prohibited components was provided as an attachment to their petition.
    These freight cars were either converted to passenger excursion 
cars, or used in conjunction with their tourist/excursion operation, 
none carry freight. Some of the equipment is used for photographic 
subjects in an educational setting to depict the type of freight trains 
that would have operated in the era during mining operations. 
Therefore, stenciling the required information on the equipment would 
not be consistent with the educational setting that the railroad 
strives to depict. Therefore, the railroad seeks relief from the 
requirements to stencil the equipment indicating the restricted 
components. There have been no derailments or other safety issues with 
the operation of the equipment, nor their prohibited components. As 
stated by V&T, loss of use of this equipment would cause the railroad 
to cease operations.
    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-
2010-0093) and may be submitted by any of the following methods:
    <bullet> Web site: http://www.regulations.gov. Follow the online 
instructions for submitting comments.
    <bullet> Fax: 202-493-2251.
    <bullet> Mail: Docket Operations Facility, U.S. Department of 
Transportation, 1200 New Jersey Avenue, SE., W12-140, Washington, DC 
20590.
    <bullet> 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 (65 FR 19477) or at 
http://www.dot.gov/privacy.html.

    Issued in Washington, DC, on November 3, 2010.
Robert C. Lauby,
Deputy Associate Administrator for Safety Compliance and Program 
Implementation.
[FR Doc. 2010-28313 Filed 11-9-10; 8:45 am]
BILLING CODE 4910-06-P