61560 Federal Register / Vol. 75, No. 192 / Tuesday, October 5, 2010 / Notices 

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. 

Akron Barberton Cluster Railway 

[Waiver Petition Docket Number FRA–2010– 

0144] 

The Akron Barberton Cluster Railway 

(ABC) seeks a waiver of compliance 

from certain provisions of the Federal 

hours of service law (49 U.S.C. Chapter 

211; HSL). Specifically, ABC requests 

relief from 49 U.S.C. 21103(a)(4), which 

states that a train employee may not be 

required, allowed to remain, or go on 

duty after that employee has initiated an 

on-duty period each day for 6 

consecutive days unless that employee 

has had at least 48 hours off duty at the 

employee’s home terminal. 

ABC currently has eight train and 

engine service employees who typically 

work three assignments commencing at 

either 5 a.m., 6 a.m., or 7 a.m. Each 

assignment consists of 5 days in 

duration and averages 7 hours on duty. 

Specifically, the schedules include a 

Monday through Friday shift beginning 

at 5 a.m.; a Sunday through Thursday 

shift beginning at 6 a.m.; and a Tuesday 

through Saturday shift beginning at 7 

a.m. The employees have set hours, set 

days off and do not layover at away 

from their home locations. ABC is 

requesting that employees may work 6 

consecutive days followed by 24 hours 

off duty. ABC included with its waiver 

request, documentation indicating that 

its employees unanimously support its 

request for relief. ABC’s entire petition 

may be viewed at http:// 

www.regulations.gov under the docket 

number listed above. 

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– 

0144) 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 

comment (or signing the comment, 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; Pages 19477–78). 

Issued in Washington, DC, on September 

28, 2010. 

Robert C. Lauby 

Deputy Associate Administrator for 

Regulatory and Legislative Operations. 

[FR Doc. 2010–24998 Filed 10–4–10; 8:45 am] 

BILLING CODE 4910–06–P 

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. 

Hoosier Valley Railroad Museum, Inc. 

[Waiver Petition Docket Number FRA–2010– 

0138)] 

The Hoosier Valley Railroad Museum, 

Inc. (HVRM) seeks a waiver of 

compliance from certain provisions of 

the Railroad Freight Car Safety 

Standards, 49 CFR 215.303, which 

requires stenciling of restricted cars. 

HVRM owns four cabooses (Car 

Numbers: B&LE 1989, EL C345, GTW 

75072, and EJ&E 184) and a flat car (Car 

Number: NKP 1946) that are older than 

50 years from their date of original 

construction, and are restricted by the 

provision of 49 CFR 215.203(a). HVRM 

is concurrently seeking special approval 

to continue to use these cars under 

proceeding according to 49 CFR 

215.203(b). 

To support its petition to seek relief 

from the stenciling requirement, HVRM 

states that it is an Indiana Corporation 

and a 501(c)(3) non-profit organization 

whose mission is to preserve railroad 

history in northwest Indiana. HRVM 

exercises complete control in the 

maintenance of these freight cars. Each 

car subject to this petition is lettered 

and painted according to its historic 

appearance at the time of its 

construction. Stenciling these cars in 

order to meet the letter of § 215.303 

would violate the historic impression 

that these cars are maintained to 

preserve. 

The cars subject to this waiver are 

limited in their service by speed, lading 

and territory. Specifically, their 

operation will be confined to the 

Chesapeake & Indiana Railroad over 

tracks owned by the Town of North 

Judson, Indiana, at limited track speed, 

with light tonnage (if any), in 

accordance with CFR Part 215. These 

cars will never be subject to regular 

railroad interchange operations at the 

hands of a strange crew unfamiliar with 

their characteristics. 

HVRM further stated that its restricted 

cars will always be operated in context 

that ensures that each car and its 

sensibilities are readily accessible and 

known both to HVRM as operator, and 

to FRA as railroad safety regulation 

enforcer. HVRM believes that the 

greatest inconvenience to the FRA’s 

inspectors would be the identification of 

obvious defects as to type and obsolete 

parts on the cars without the benefit of 

supporting paperwork in hand. This 

inconvenience could be easily remedied 

by HVRM making available to the FRA’s 

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