[Federal Register: September 18, 2003 (Volume 68, Number 181)]
[Notices]
[Page 54776-54777]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr18se03-100]
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DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
Petition for a Waiver of Compliance
In accordance with Title 49, Code of Federal Regulations (CFR),
Sec. Sec. 211.9 and 211.41, notice is hereby given that the Federal
Railroad Administration (FRA) has received a request for a waiver of
compliance with certain requirements of Federal railroad safety
regulations. 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.
[[Page 54777]]
Michigan State Trust Railway Preservation, Inc.--FRA Waiver Petition
Docket No. FRA-2003-15514
In 2001, Michigan State Trust Railway Preservation, Inc. (``MSTP'')
and the Institute for Steam Railroading in conjunction with the Tuscola
and Saginaw Bay Railway (TSBY) sought and was granted a waiver (Docket
No. FRA-2001-10379) of compliance from Title 49, part 240 of the Code
of Federal Regulations (49 CFR part 240)--Qualification and
Certification of Locomotive Engineers. MSTP requested relief from that
part of the regulation (49 CFR 240.201(d)) which provides that only
certified persons may operate locomotives and trains. MSTP plans to
offer noncertified persons the opportunity to operate a locomotive when
participating in its ``engineer-for-an-hour'' program. The waiver would
only apply to persons participating in the program. MSTP has purchased
a second locomotive and now seeks to expand its operations to a third
location.
The MSTP is a nonprofit educational corporation. It owns and
operates a 1941 Lima-built steam locomotive. The locomotive, ex-Pere
Marquette No. 1225, has operated approximately 6200 miles since 1988
over the general railroad system of transportation. The newly purchased
and restored locomotive is Engine No. 75 (0-4-0). The MSTP is located
at the steam locomotive restoration facility (Institute for Steam
Railroading) in Owosso, Michigan. The MSTP gains access to TSBY
trackage at this location. It does not own or control any trackage with
the exception of two lead tracks extending from siding tracks, each
approximately 130 feet in length. These tracks are leased from the
TSBY. The MSTP plans to conduct this program in two of three locations.
The first is the San Yard between Mile Post (MP) 105.2 on the TSBY
track at the point where it meets the Central Michigan Railroad which
is west of Legion Road to MP 106.1 and south of the highway/railroad
grade crossing at Gould and Corunna Road. The second location is at the
Henderson, Michigan Grain Elevator. It is on the St. Charles Branch of
the TSBY between MP 70.2 and MP 69.2, north of the highway/railroad
grade crossing at Riley Road. The third location is at the TSBY Shop
Yard at their repair shops on the main line along Howard Street between
mile markers 106.4 and 107. This operation will remain between the
switch leading from the Main Track to the Scale Track with a Blue Flag
placed to the east side of that switch. The proposed dates of operation
will be three weekends between the months of May and October inclusive.
MSTP's reason for granting this waiver is two-folded. First, to
accomplish a part of its mission statement, i.e., to educate the public
on steam era railroad technology and its impact on the culture and
economy of the Great Lakes Region. Second, to generate needed interest
and revenue so that it may continue to educate the public about steam
locomotive technology in an effort that the next generation will keep
the knowledge and the 1225 alive into the future.
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 No. FRA-2003-
15514) and must be submitted to the Docket Clerk, DOT Central Docket
Management Facility, Room PL-401, Nassif Building, 400 Seventh Street
SW., Washington, DC 20590. 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 at the
above address. All written communications are also accessible on the
Internet at http://dms.dot.gov.
Anyone is able to search the electronic form of all 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). The Statement
may also be found at http://dms.dot.gov.
Issued in Washington, DC, on September 8, 2003.
Grady C. Cothen, Jr.,
Deputy Associate Administrator for Safety Standards and Program
Development.
[FR Doc. 03-23772 Filed 9-17-03; 8:45 am]
BILLING CODE 4910-06-P