Notice2023-17083
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
August 9, 2023
Issuing agencies
Transportation DepartmentFederal Railroad Administration
Full Text
<html>
<head>
<title>Federal Register, Volume 88 Issue 152 (Wednesday, August 9, 2023)</title>
</head>
<body><pre>
[Federal Register Volume 88, Number 152 (Wednesday, August 9, 2023)]
[Notices]
[Pages 53948-53949]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-17083]
-----------------------------------------------------------------------
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
<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
[[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 <a href="http://www.regulations.gov">http://www.regulations.gov</a>. 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
<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. 2023-17083 Filed 8-8-23; 8:45 am]
BILLING CODE 4910-06-P
</pre></body>
</html>Indexed from Federal Register on August 9, 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.