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Notice of Petition for Waiver of Compliance

---
identifier: "/us/fr/2025-15611"
source: "fr"
legal_status: "authoritative_unofficial"
title: "Notice of Petition for Waiver of Compliance"
title_number: 0
title_name: "Federal Register"
section_number: "2025-15611"
section_name: "Notice of Petition for Waiver of Compliance"
positive_law: false
currency: "2025-08-18"
last_updated: "2025-08-18"
format_version: "1.1.0"
generator: "[email protected]"
agency: "Transportation Department"
document_number: "2025-15611"
document_type: "notice"
publication_date: "2025-08-18"
agencies:
  - "Transportation Department"
  - "Federal Railroad Administration"
fr_citation: "90 FR 40138"
fr_volume: 90
docket_ids:
  - "Docket Number FRA-2025-0138"
comments_close_date: "2025-09-17"
fr_action: "Notice."
---

#  Notice of Petition for Waiver of Compliance

**AGENCY:**

Federal Railroad Administration (FRA), Department of Transportation (DOT).

**ACTION:**

Notice.

**SUMMARY:**

This document provides the public notice that Nevada State Railroad Museum, Boulder City, operating as Nevada Southern Railway (NVSV) petitioned FRA for relief from certain regulations concerning stenciling of rail cars.

**DATES:**

FRA must receive comments on the petition by September 17, 2025. FRA will consider comments received after that date to the extent practicable.

**ADDRESSES:**

*Comments:* Comments related to this docket may be submitted by going to *https://www.regulations.gov* and following the online instructions for submitting comments.

*Instructions:* All submissions must include the agency name and docket number. All comments received will be posted without change to *https://www.regulations.gov;* this includes any personal information. Please see the Privacy Act heading in the *SUPPLEMENTARY INFORMATION* section of this document for Privacy Act information related to any submitted comments or materials.

*Docket:* For access to the docket to read background documents or comments received, go to *https://www.regulations.gov* and follow the online instructions for accessing the docket.

**FOR FURTHER INFORMATION CONTACT:**

Patrick Musselman, Railroad Safety Specialist, FRA Motive Power & Equipment Division, telephone: 202-834-5837, email: *[email protected].*

**SUPPLEMENTARY INFORMATION:**

Under part 211 of title 49 Code of Federal Regulations (CFR), this document provides the public notice that by letter received June 3, 2025, NVSV petitioned FRA for a special approval pursuant to 49 CFR part 215 (Railroad Freight Car Safety Standards), and a waiver of compliance from certain provisions of the Federal railroad safety regulations contained in part 215. The relevant Docket Number is FRA-2025-0138.

Specifically, NVSV requests a special approval pursuant to § 215.203, *Restricted cars,* in this docket for 3 pieces of equipment, WP 2711, OR&N 3505, UP 25428, that are more than 50 years from the date of original construction. NVSV also seeks relief from § 215.303, *Stenciling of restricted cars.* In support of its request, NVSV explains that the cars are operated in nine-mile roundtrip excursion rides, and the stenciling relief will allow the cars to maintain their historical appearance. NVSV adds that the cars are  not used in freight service nor interchanged and will be operated at a maximum speed of 20 miles per hour.

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.

Communications received by September 17, 2025 will be considered by FRA before final action is taken. Comments received after that date will be considered if practicable.

**Privacy Act**

Anyone can search the electronic form of any written communications and comments received into any of FRA's 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 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.*

Issued in Washington, DC.

John Karl Alexy,

Associate Administrator for Railroad Safety, Chief Safety Officer.