Notice2024-17567
Petition for Extension of Waiver of Compliance
Primary source
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Published
August 8, 2024
Issuing agencies
Transportation DepartmentFederal Railroad Administration
Full Text
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<title>Federal Register, Volume 89 Issue 153 (Thursday, August 8, 2024)</title>
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[Federal Register Volume 89, Number 153 (Thursday, August 8, 2024)]
[Notices]
[Page 65009]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-17567]
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DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
[Docket Number FRA-2024-0068]
Petition for Extension of Waiver of Compliance
Under part 211 of title 49 Code of Federal Regulations (CFR), this
document provides the public notice that by letter received May 24,
2024, a private owner, Tierney Foster Abel (Mr. Abel), petitioned the
Federal Railroad Administration (FRA) to extend a waiver of compliance
from certain provisions of the Federal railroad safety regulations
contained at 49 CFR parts 223 (Safety Glazing Standards--Locomotives,
Passenger Cars and Cabooses) and 231 (Railroad Safety Appliance
Standards). FRA assigned the petition Docket Number FRA-2024-0068.\1\
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\1\ Relief for this locomotive, with marking Leviathan 63, was
previously granted in Docket Number FRA-2011-0011.
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Specifically, Mr. Abel requests relief for steam locomotive HLLR
331 from the safety glazing standards in part 223, as well as Sec.
231.15(b) and (d), Steam locomotives used in road service--pilot sill-
steps, side handholds, which give requirements for certain safety
appliances. The locomotive is operated on 4,500 feet of standard-gage
track and only used during special events on the Stone Gables Estate
property for a total of about 40 days of service. The petition states
that HLLR 331 is used ``to educate the public concerning early American
railroad history'' and will not be used for freight or passenger
service. However, it ``will occasionally pull some cars appropriate for
its historic and educational mission.''
The relief is requested because installation of FRA safety glazing
will ``substantially change the historic configuration and appearance
of the cab'' and thereby ``ruin the historical appearance.''
Additionally, Mr. Abel states that HLLR 331 will not be used for
coupling but instead, the locomotive and tender will be ``connected by
a draw bar that is . . . secured in place so it cannot be removed or
otherwise come apart.'' Therefore, the ``step requirements are
unnecessary'' and the handholds would ``substantially detract from the
historic appearance'' as the locomotive cab and tender are
substantially different heights.
A copy of the petition, as well as any written communications
concerning the petition, is available for review online at
<a href="http://www.regulations.gov">www.regulations.gov</a>.
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 and a public hearing, 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 and may be submitted at <a href="http://www.regulations.gov">www.regulations.gov</a>.
Follow the online instructions for submitting comments.
Communications received by October 7, 2024 will be considered by
FRA before final action is taken. Comments received after that date
will be considered if practicable.
Anyone can search the electronic form of any written communications
and comments received into any of the U.S. Department of
Transportation's (DOT) 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.). Under 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 <a href="http://www.regulations.gov">www.regulations.gov</a>, as described in the
system of records notice (DOT/ALL-14 FDMS), which can be reviewed at
<a href="https://www.transportation.gov/privacy">https://www.transportation.gov/privacy</a>. See also <a href="https://www.regulations.gov/privacy-notice">https://www.regulations.gov/privacy-notice</a> for the privacy notice of
<a href="http://regulations.gov">regulations.gov</a>.
Issued in Washington, DC.
John Karl Alexy,
Associate Administrator for Railroad Safety Chief Safety Officer.
[FR Doc. 2024-17567 Filed 8-7-24; 8:45 am]
BILLING CODE 4910-06-P
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</html>Indexed from Federal Register on August 8, 2024.
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