Petition for Amending Waiver of Compliance, 24493 [2014-09790]

Agencies

• Federal Railroad Administration
• DEPARTMENT OF TRANSPORTATION

[Federal Register Volume 79, Number 83 (Wednesday, April 30, 2014)]
[Notices]
[Page 24493]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-09790]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket Number FRA-2009-0023]


Petition for Amending Waiver of Compliance

    In accordance with Part 211 of Title 49 Code of Federal Regulations 
(CFR), this document provides the public notice that a document dated 
March 8, 2014, the Hoosier Valley Railroad Museum (HVRM) petitioned the 
Federal Railroad Administration (FRA) with a request to extend the 
waiver of compliance granted by FRA on September 11, 2009, that 
provided relief from certain provisions of 49 CFR 240.201(d), 
Implementation. The petition was assigned to Docket Number FRA-2009-
0023.
    HVRM seeks to extend the period of current relief regarding 
compliance with 49 CFR 240.201(d), which requires that ``[a]fter 
December 31, 1991, no railroad shall permit or require any person to 
operate a locomotive in any class of locomotive or train service unless 
that person has been certified as a qualified locomotive engineer and 
issued a certificate that complies with 240.223.'' HVRM desires to 
continue its ``engineer-for-an-hour'' operation, which allows 
noncertified individuals (generally, members of the public visiting the 
museum) to operate a locomotive between Milepost (MP) 213.5 and MP 216. 
HVRM believes that extending this waiver will enable it to continue to 
generate funds to support its goal of acquiring and refurbishing 
railroad antiquities so that they may be enjoyed by future generations.
    HVRM, which is controlled and operated by the Chesapeake and 
Indiana Railroad, operates between MP 212.5 and MP 223.0 on track owned 
by the Town of North Judson, IN. The museum's depot is located 
approximately at MP 213.4. HVRM will continue to verify that each 
participant is in possession of a valid State-issued motor vehicle 
license, evaluate each participant visually for fitness to operate the 
locomotive with respect to obvious signs of alcohol and/or drug use, 
and will have a certified locomotive engineer in the cab at all times. 
The operations will be conducted under Absolute Block Authority (a 
section of track that can only be occupied by one train at a time) on 
only a designated portion of track only during daylight hours. An HVRM-
qualified locomotive engineer will conduct a job briefing with each 
participant to ensure all parties know and understand the movement to 
be made and the individual responsibilities in the proposed movements. 
HVRM would limit engineer-for-an-hour train size to one locomotive and 
not more than three cars with no revenue passengers or members of the 
public on board during operations. Any accident or incident that occurs 
during an engineer-for-an-hour movement will be immediately reported to 
FRA. HVRM also believes these operations will not pose any safety 
concerns to the public at large.
    A copy of the petition, as well as any written communications 
concerning the petition, is available for review online at 
www.regulations.gov 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 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 and may be submitted by any of the following 
methods:
     Web site: https://www.regulations.gov. 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 
20590.
     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 within June 16, 2014 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.
    Anyone is able to 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.). 
See https://www.regulations.gov/#!privacyNotice for the privacy notice 
of regulations.gov or interested parties may review DOT's complete 
Privacy Act Statement in the Federal Register published on April 11, 
2000 (65 FR 19477).

Robert C. Lauby,
Associate Administrator for Railroad Safety, Chief Safety Officer.
[FR Doc. 2014-09790 Filed 4-29-14; 8:45 am]
BILLING CODE 4910-06-P