Notice2023-09656
Petition for Waiver of Compliance
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
May 8, 2023
Issuing agencies
Transportation DepartmentFederal Railroad Administration
Full Text
<html>
<head>
<title>Federal Register, Volume 88 Issue 88 (Monday, May 8, 2023)</title>
</head>
<body><pre>
[Federal Register Volume 88, Number 88 (Monday, May 8, 2023)]
[Notices]
[Pages 29802-29803]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-09656]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
[Docket Number FRA-2023-0029]
Petition for Waiver of Compliance
Under part 211 of title 49 Code of Federal Regulations (CFR), this
document provides the public notice that on March 21, 2023, Indiana
Northeastern Railroad Company, in partnership with Little River
Railroad, Inc. (Petitioners), 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-2023-0029.
Specifically, Petitioners request 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 ``throttle time'' program. In support
of its petition, Petitioners note that the relief would only apply to
persons participating in the program, and that participants would be 18
years of age or older and under the direct supervision of a certified
and qualified locomotive
[[Page 29803]]
engineer. Further, all movements would take place during daylight hours
and at restricted speed.
A copy of the petition, as well as any written communications
concerning the petition, is available for review online at
<a href="http://www.regulations.gov">www.regulations.gov</a>.
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 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 <a href="http://www.regulations.gov">http://www.regulations.gov</a>. Follow the online instructions for submitting
comments.
Communications received by July 7, 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 <a href="http://www.regulations.gov">www.regulations.gov</a>, as described in the
system of records notice (DOT/ALL-14 FDMS), which can be reviewed at
<a href="https://www.transportation.gov/privacy">https://www.transportation.gov/privacy</a>. See also <a href="https://www.regulations.gov/privacy-notice">https://www.regulations.gov/privacy-notice</a> for the privacy notice of
<a href="http://regulations.gov">regulations.gov</a>.
Issued in Washington, DC.
John Karl Alexy,
Associate Administrator for Railroad Safety Chief Safety Officer.
[FR Doc. 2023-09656 Filed 5-5-23; 8:45 am]
BILLING CODE 4910-06-P
</pre></body>
</html>Indexed from Federal Register on May 8, 2023.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.