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 on May 29, 2024, Mr. Ray Kolasa, President, Buffalo, Cattaraugus & Jamestown Scenic Railway (Petitioner) 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 215 (Railroad Freight Car Safety Standards). FRA assigned the petition Docket Number FRA-2019-0065.

Specifically, Petitioner requests to extend the previous special approval pursuant to 49 CFR 215.203, Restricted cars, in this docket for caboose PC 18216, which is more than 50 years from the date of original construction. Petitioner also seeks relief from § 215.303, Stenciling of restricted cars, to operate the car in tourist service on the Buffalo Southern Railroad and the Buffalo, Cattaraugus & Jamestown Scenic Railway. The petition states that stenciling of the caboose per the regulation “would distract from [the caboose's] historical image.” In support of this request, Petitioner explains that no accidents or injuries have been associated with the use of the caboose. Further, PC 18216 will not be interchanged with any other railroad.

A copy of the petition, as well as any written communications concerning the petition, is available for review online at www.regulations.gov.

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 www.regulations.gov. Follow the online instructions for submitting comments.

Communications received by September 3, 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 www.regulations.gov, as described in the system of records notice (DOT/ALL-14 FDMS), which can be reviewed at https://www.transportation.gov/privacy. See also https://www.regulations.gov/privacy-notice for the privacy notice of regulations.gov.