[Federal Register Volume 88, Number 152 (Wednesday, August 9, 2023)]
[Notices]
[Pages 53948-53949]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-17083]


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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket Number FRA-2023-0057]


Petition for Waiver of Compliance

    Under part 211 of title 49 Code of Federal Regulations (CFR), this 
document provides the public notice that by letter dated August 1, 
2023, the Buckingham Branch Railroad (BBRR) 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-2023-0057.
    Specifically, BBRR requests relief from Sec.  240.201(d), which 
requires that only certified persons operate locomotives and trains. 
The relief would allow noncertified persons to pay a fee and operate a 
locomotive as part of a ``Hand on the Throttle'' program in partnership 
with the Virginia Museum of Transportation. In support of its petition, 
BBRR notes that the relief would only apply to persons participating in 
the program, and that participants would be under the direct 
supervision of a certified and qualified locomotive engineer. Further, 
all movements would take place during daylight hours and at restricted 
speed. BBRR also specifies that the section of track on which the 
program will run will be under absolute block authority and derails 
with red flags will be placed at the beginning and end of the segment.
    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

[[Page 53949]]

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 http://www.regulations.gov. Follow the online instructions for submitting 
comments.
    Communications received by September 25, 2023 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), the U.S. 
Department of Transportation (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/privacy-notice for the 
privacy notice of regulations.gov.

    Issued in Washington, DC.
John Karl Alexy,
Associate Administrator for Railroad Safety, Chief Safety Officer.
[FR Doc. 2023-17083 Filed 8-8-23; 8:45 am]
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