[Federal Register Volume 83, Number 107 (Monday, June 4, 2018)]
[Notices]
[Pages 25733-25734]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-11886]


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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket Number FRA-2018-0033]


Petition for Waiver of Compliance

    Under part 211 of Title 49 of the Code of Federal Regulations 
(CFR), this provides the public notice that on March 30, 2018, Michigan 
State Trust for Railway Preservation, Inc. (MSTP) petitioned the 
Federal Railroad Administration (FRA) for a waiver of compliance from 
certain provisions of the Federal railroad safety regulations contained 
at 49 CFR 240.201(d). FRA assigned the petition Docket Number FRA-2018-
0033.
    MSTP 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.'' 
MSTP desires to conduct a ``Hands on the Throttle Program,'' which 
would allow ``non-certified'' individuals to operate a locomotive as a 
``Student Locomotive Engineer.''
    MSTP is a non-profit educational corporation which owns and 
operates steam locomotives. The organization is located at the steam 
locomotive repair facility in Owosso, Michigan, and connected to the 
tracks of the Great Lakes Central Railway (GLC). The MSTP does not own 
or control any trackage, except for the track leads going to the repair 
shop building and museum.
    As proposed, MSTP will verify that each participant possesses a 
valid state issued motor vehicle license, and will have a certified 
locomotive engineer in the cab at all times. The operations will be 
conducted on GLC designated tracks during daylight hours with only one 
locomotive movement at a time, operate at restricted speed, 
communication will be maintained through the GCL dispatcher, and be 
afforded blue flag and derail protection. The locomotive will be 
inspected daily, receive a new brake test per participant, and public 
highway grade crossings will not be involved. MSTP believes that this 
waiver will enable it to generate needed interest and revenue to teach 
steam technology to future generations. MSTP 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 Ave. 
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 parties 
desire 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 by any of the following 
methods:
     Website: 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 by July 19, 2018 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), 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

[[Page 25734]]

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/privacyNotice for the privacy notice of 
regulations.gov.

Robert C. Lauby,
Associate Administrator for Railroad Safety, Chief Safety Officer.
[FR Doc. 2018-11886 Filed 6-1-18; 8:45 am]
 BILLING CODE 4910-06-P


