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