[Federal Register Volume 74, Number 90 (Tuesday, May 12, 2009)]
[Notices]
[Page 22203]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-11020]


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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration


Petition for Waiver of Compliance

    In accordance with Part 211 of Title 49 Code of Federal Regulations 
(CFR), notice is hereby given that the Federal Railroad Administration 
(FRA) has received a request for a waiver of compliance from certain 
requirements of its safety standards. The individual petition is 
described below, including the party seeking relief, the regulatory 
provisions involved, the nature of the relief being requested, and the 
petitioner's arguments in favor of relief.

Hoosier Valley Railroad Museum, Inc.

[Waiver Petition Docket Number FRA-2009-0023]

    The Hoosier Valley Railroad Museum, Inc. (HVRM) 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.'' HVRM desires to 
conduct an ``engineer-for-an-hour'' charter, which would allow ``non-
certified'' individuals to operate a locomotive.
    HVRM currently operates on track owned by the town of North Judson, 
Indiana, which is controlled and operated by the Chesapeake and Indiana 
Railroad (CKIN). HVRM currently operates between milepost (MP) 212.5 
and MP 223.0 on CKIN. The Museum Depot is located at approximately MP 
213.4. HVRM proposes to conduct the engineer-for-an-hour operations 
between MP 213.5 and MP 216.
    HVRM will 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 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 know and understand individual 
responsibilities in the proposed movements. HVRM would limit engineer-
for-an-hour train size to one (1) locomotive and not more than three 
(3) 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 the 
Federal Railroad Administration.
    HVRM believes that granting this waiver will enable it to generate 
funds to support its goal of acquiring and refurbishing railroad 
antiquities so that they may be enjoyed by future generations. HVRM 
also believes these operations will not pose any safety concerns to the 
public at large.
    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 (e.g., Waiver Petition Docket Number FRA-
2009-0023) and may be submitted by any of the following methods:
    <bullet> Web site: http://www.regulations.gov. Follow the online 
instructions for submitting comments.
    <bullet> Fax: 202-493-2251.
    <bullet> Mail: Docket Operations Facility, U.S. Department of 
Transportation, 1200 New Jersey Avenue, SE., W12-140, Washington, DC 
20590.
    <bullet> 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 45 days 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. All 
written communications concerning these proceedings are available for 
examination during regular business hours (9 a.m.-5 p.m.) at the above 
facility. All documents in the public docket are also available for 
inspection and copying on the Internet at the docket facility's Web 
site at http://www.regulations.gov.
    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 comment, 
if submitted on behalf of an association, business, labor union, etc.). 
You may review DOT's complete Privacy Act Statement in the Federal 
Register published on April 11, 2000 (Volume 65, Number 70; Pages 
19477-78).

    Issued in Washington, DC, on May 6, 2009.
Grady C. Cothen, Jr.,
Deputy Associate Administrator for Safety Standards and Program 
Development.
 [FR Doc. E9-11020 Filed 5-11-09; 8:45 am]
BILLING CODE 4910-06-P