[Federal Register Volume 78, Number 83 (Tuesday, April 30, 2013)]
[Notices]
[Pages 25344-25345]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-10067]


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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket Number FRA-2013-0038]


Petition for a Waiver of Compliance

    In accordance with Part 211 of Title 49 Code of Federal Regulations 
(CFR), this document provides the public notice that by a document 
dated February 24, 2013, the Naugatuck Railroad (NAUG) has petitioned 
the Federal Railroad Administration (FRA) for a waiver of compliance 
from certain provisions of the Federal railroad safety regulations 
contained at 49 CFR part 240, Qualification and Certification of 
Locomotive Engineers. FRA assigned the petition Docket Number FRA-2013-
0038.
    Specifically, NAUG seeks a waiver of compliance from 49 CFR 
240.201(d), which provides that only certified persons may operate a 
locomotive in any class of locomotive or train service, in order to 
operate an ``engineer-for-an-hour'' (EFH) program. NAUG is a wholly 
owned subsidiary of the Railroad Museum of New England, Inc. (Museum), 
and the EFH program is in support of funding the educational mission of 
the Museum. NAUG is a Class III shortline railroad that operates and 
controls the Torrington Secondary line, which is owned by the State of 
Connecticut, and leased to the railroad. The line extends approximately 
20 miles between Waterbury, Connecticut; and Torrington, Connecticut.
    In its petition, NAUG proposes to conduct the EFH program between 
Milepost (MP) 4.5 in Watertown, Connecticut; and MP 17.5 in Torrington, 
Connecticut. There are no public highway-rail grade crossings between 
these two locations. NAUG proposes to operate the EFH program under the 
following conditions and controls: (1) NAUG will use a positive 
blocking system (pursuant to the Northeast Operating Rules Advisory 
Committee Form D Control System rules) to ensure only EFH operations 
can be operated over a given segment of track, during daylight hours 
only; (2) NAUG will verify that each participant in the EFH program is 
in possession of a valid State-issued motor vehicle license; (3) NAUG 
will evaluate each participant in the EFH program for his or her visual 
fitness to operate the locomotive with respect to obvious signs of 
alcohol or drug use; and (4) NAUG will ensure that a certified 
locomotive engineer is in the locomotive cab at all times.
    NAUG also states in its petition that a qualified and certified 
locomotive engineer will conduct a job briefing with each participant 
in the EFH program to ensure that all parties know and understand the 
movement that will be made and each individual's responsibilities in 
the proposed movements. NAUG proposes to limit the EFH train size to 
one locomotive and not more than three cars. No revenue passengers or 
members of the public will be on board during EFH rail operations. NAUG 
asserts that if FRA were to grant this waiver, it will enable NAUG to 
generate funds for the Museum to support its goals of refurbishing 
antique railroad equipment and educating the public about railroad 
history and operations. NAUG does not believe that the EFH operations 
will

[[Page 25345]]

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 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: http://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 May 30, 2013 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 http://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).

    Issued in Washington, DC, on April 24, 2013.
Robert C. Lauby,
Deputy Associate Administrator for Regulatory and Legislative 
Operations.
[FR Doc. 2013-10067 Filed 4-29-13; 8:45 am]
BILLING CODE 4910-06-P