[Federal Register Volume 83, Number 214 (Monday, November 5, 2018)]
[Notices]
[Page 55451]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-24123]


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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket Number FRA-2018-0084]


Petition for Waiver of Compliance

    Under part 211 of Title 49 of the Code of Federal Regulations 
(CFR), this provides the public notice that on October 5, 2018, the 
Texas State Railroad (TSR), petitioned the Federal Railroad 
Administration (FRA) for a waiver of compliance from certain provisions 
of the Federal railroad safety regulations contained at 49 CFR 
240.201(d). FRA assigned the petition Docket Number FRA-2018-0084.
    TSR seeks a waiver of compliance from 49 CFR 240.201(d) which 
states, ``After 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 Sec.  240.223.'' 
TSR desires to conduct a ``Hands on the Throttle Program,'' which would 
allow ``non-certified'' individuals to operate a locomotive as a 
``Student Locomotive Engineer.''
    TSR owns and operates a fleet of steam and historic diesel 
locomotives and desires to provide non-certified persons the 
opportunity to operate these locomotives. As proposed, TSR will verify 
that each participant will be at least 18 years old and possesses a 
valid state-issued motor vehicle license, and will have a certified 
locomotive engineer in the cab of the locomotive at all times. The 
operations will occur at two locations on TSR trackage between milepost 
(MP) 0.0l and MP 2.16 in Rusk, Texas, and between MP 23.30 and MP 26.12 
in Palestine, Texas, during daylight hours, at restricted speed, with 
no opposing train movements, without passengers, involving no public 
highway grade crossings, and derail protection will be placed at the 
end of each movement at both locations. Each participant will receive a 
job briefing prior to operating a locomotive. TSR believes that this 
program will generate needed revenue and interest in historic 
locomotives. TSR 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 Ave. 
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 parties 
desire 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 by any of the following 
methods:
     Website: 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 by December 20, 2018 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 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.). 
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.

Robert C. Lauby,
Associate Administrator for Railroad Safety, Chief Safety Officer.
[FR Doc. 2018-24123 Filed 11-2-18; 8:45 am]
 BILLING CODE 4910-06-P