81 FR 40394 - Petition for Waiver of Compliance

DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration

Federal Register Volume 81, Issue 119 (June 21, 2016)

[Federal Register Volume 81, Number 119 (Tuesday, June 21, 2016)]
[Notices]
[Pages 40394-40395]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-14533]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket Number FRA-2010-0161]


Petition for Waiver of Compliance

    In accordance with part 211 of Title 49 Code of Federal Regulations 
(CFR), this document provides the public notice that by a document 
dated April 8, 2016, the Hoosier Valley Railroad Museum (HVRM), 
petitioned the Federal Railroad Administration (FRA) for a waiver of 
compliance from certain provisions of the Federal railroad safety 
regulations contained at 49 CFR part 223, Railroad Safety Glazing 
Standards. FRA assigned the petition Docket Number FRA-2010-0161.
    HVRM has requested a permanent waiver of compliance for one caboose 
from the requirements of 49 CFR part 223, which requires certified 
glazing in all windows. HVRM's five cabooses, B&LE 1989, EL C345, NKP 
471, GTW 75072, and EJ&E 184, were previously granted relief from the 
glazing requirements in FRA's July 14, 2011, decision letter. Since 
that time, the glazing requirements have been amended to add provisions 
for glazing on equipment that is over 50 years of age from its original 
construction date. Only Caboose EJ&E 184, which was built in 1970, does 
not meet the 50-year threshold in order to be covered under the 
recently enacted glazing rule for antiquated equipment. Caboose EJ&E 
184 is less than 50 years of age and does not meet the glazing 
requirements of 49 CFR 223.13, and thus requires regulatory relief to 
continue in operation.
    HVRM is a non-profit 501(c)(3) organization located in North 
Judson, Indiana. It is a member of the Association of Tourist Railroads 
& Railway Museums, and operates the railroad museum with the mission to 
preserve railroad history in northwest Indiana. The town of North 
Judson acquired 33 miles of rail line, purchased in 2004 from CSX 
Transportation to help maintain a rail corridor for railway excursions 
provided by HVRM using the heritage equipment. HVRM is all volunteer 
operated, has 15 or less ``hours of service'' volunteer workers, and 
has FRA-approved certification programs for engineers and conductors. 
HVRM operations/train excursions are conducted primarily on weekends. 
There are also 10 or less weekday excursions annually for school field 
trips and community organizations. The town of North Judson contracts 
with a Class III short line operator, the Chesapeake & Indiana Railroad 
(CKIN), to maintain the rail line and provide freight service to the 
rail line customers. The primary freight corridor is Malden to La 
Crosse to Wellsboro, Indiana. La Crosse contains a wye track used both 
by HVRM and CKIN for their respective operations. HVRM provides a 30-
day advance notice of excursion train schedules to CKIN. Both entities 
operate under the General Code of Operating Rules and the entire 33-
mile rail line is operated under yard limits at speeds not to exceed 20 
miles per hour.
    HVRM notes that the use of this caboose for tourist, historic, or 
excursion operations will be on expanded territory as referenced in 
HVRM's April 11, 2016, letter assigned to FRA Docket Number FRA-2006-
24647. In addition to the 10 miles between North Judson and La Crosse, 
the caboose will occasionally operate in tourist, excursion, and 
special event trains as far as Malden, South Thomaston, Hanna, and 
Wellsboro.
    The subject caboose, EJ&E 184, is only operated at limited track 
speed under yard limits subject to the authority of the CKIN, which is 
part of the general railroad system. HVRM notes that the installed 
glass in the subject caboose is in good condition, operations are in a 
benign environment, and the expense of retrofitting the subject caboose 
with FRA certified glazing imposes a financial burden.
    A copy of the petition, as well as any written communications 
concerning the petition, is available for review online at 
www.regulations.gov and in person at the U.S. Department of 
Transportation's Docket Operations Facility, 1200 New Jersey Avenue 
SE., W12-140, Washington, DC 20590. The Docket Operations Facility is 
open from 9 a.m. to 5 p.m., Monday through Friday, except Federal 
Holidays.
    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 
the request.
    All communications concerning these proceedings should identify the 
appropriate docket number 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 by August 5, 2016 will be considered by FRA 
before final action is taken. Comments received after that date will be 
considered as far as practicable.
    Anyone is able to search the electronic form of any written

[[Page 40395]]

communications and comments received into any of our dockets by the 
name of the individual submitting the comment (or signing the document, 
if submitted on behalf of an association, business, labor union, etc.). 
In accordance with 5 U.S.C. 553(c), DOT solicits comments from the 
public to better inform its processes. DOT posts these comments, 
without edit, including any personal information the commenter 
provides, to www.regulations.gov, as described in the system of records 
notice (DOT/ALL-14 FDMS), which can be reviewed at www.dot.gov/privacy. 
See also http://www.regulations.gov/#!privacyNotice for the privacy 
notice of regulations.gov.

Robert C. Lauby,
Associate Administrator for Railroad Safety, Chief Safety Officer.
[FR Doc. 2016-14533 Filed 6-20-16; 8:45 am]
BILLING CODE 4910-06-P