4910-06-P
DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
[Docket Number FRA-2019-0065]
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 [INSERT DATE 60 DAYS AFTER DATE OF
PUBLICATION IN THE FEDERAL REGISTER] 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/privacynotice for the privacy notice of regulations.gov.
Issued in Washington, DC.
John Karl Alexy,
Associate Administrator for Railroad Safety,
Chief Safety Officer.

[FR Doc. 2024-14627 Filed: 7/2/2024 8:45 am; Publication Date: 7/3/2024]