Petition for Waiver of Compliance

Federal Register, Volume 84 Issue 207 (Friday, October 25, 2019)
[Federal Register Volume 84, Number 207 (Friday, October 25, 2019)]
[Pages 57549-57550]
From the Federal Register Online via the Government Publishing Office []
[FR Doc No: 2019-23302]
Federal Railroad Administration
[Docket Number FRA-2019-0036]
Petition for Waiver of Compliance
    Under part 211 of title 49 Code of Federal Regulations (CFR), this
document provides the public notice that on April 2, 2019, the
Georgetown Loop Railroad (GLR) petitioned the Federal Railroad
Administration (FRA) for a waiver of compliance from certain provisions
of the Federal railroad safety regulations contained at 49 CFR 230.112
(Wheels and tires) and Sec.  230.113 (Wheels and tire defects) for one
steam locomotive used in tourist/excursion service. FRA assigned the
petition Docket Number FRA-2019-0036.
    Specifically, GLR requests relief from Sec. Sec.  230.112 and
230.113 to allow Locomotive Number GLR 12 to be maintained to Baldwin
Locomotive Works (BLW) standards for narrow-gage locomotives. GLR 12
was built in 1927, and is a 36-inch narrow gage locomotive. GLR 12 was
used on a shortline in freight and passenger service until its
retirement in the 1950s. It was subsequently sold to private
individuals and moved to California to be used on various tourist/
excursion trains. In the 1980s, a new boiler was installed and
extensive repairs were made to the running gear. It was used frequently
throughout the 1990s at the Silver Wood Amusement Park until its sale
to the Colorado Historical Society in 2005 and was in service on GLR
from 2005-2007.
    By letter on April 7, 2008, FRA brought GLR under the agency's
jurisdiction. During an inspection of the entire locomotive, it was
determined that the inside gage (back-to-back spacing) exceeds the
safety limits under 49 CFR 230.112(b). The actual width of the
locomotive is 33\1/2\ inches. The allowable range is 32\1/2\ to 32\7/8\
inches wide. The locomotive was built to BLW's narrow-gage standards,
which allow wider back-to-back dimensions and narrower flange widths
for narrow gage engines. These alternate standard dimensions were
primarily used in areas with prevalent sharp curves and poor track
conditions. In addition to the wider back-to-back dimension used by
Baldwin, a narrow flange width (new) that measures 1\1/2\ inches is
used versus the 1\3/4\-inch flange, which is the standard Association
of American Railroads narrow flange.
    GLR also seeks relief from Sec.  230.113(g) regarding the minimum
thickness of the tire's flange. The requirement for condemning a flange
for insufficient width is \15/16\ of an inch based upon a new thickness
of 1\3/4\ inches. Because the new flange thickness on GLR 12's flanges
was 1\1/2\ inches, GLR requests that the condemning limit for this
locomotive be \13/16\ of an inch based upon the reduced initial width.
GLR states that it has safely operated this locomotive for several
years without any wheel problems prior to coming under FRA's
jurisdiction. GLR believes that there is no practical way to modify the
chassis components to comply with the regulatory requirements as the
basic design of the locomotive's brake and spring rigging and driving
boxes will
[[Page 57550]]
not allow the driving tires and wheels to be significantly modified.
    A copy of the petition, as well as any written communications
concerning the petition, is available for review online at and in person at the U.S. Department of
Transportation's (DOT) 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 parties
desire 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 by any of the following
     Website: 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
     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 November 25, 2019 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
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.). 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, as described in the system
of records notice (DOT/ALL-14 FDMS), which can be reviewed at See also for the privacy notice of
    Issued in Washington, DC.
John Karl Alexy,
Associate Administrator for Railroad Safety, Chief Safety Officer.
[FR Doc. 2019-23302 Filed 10-24-19; 8:45 am]