[Federal Register Volume 85, Number 87 (Tuesday, May 5, 2020)]
[Notices]
[Pages 26781-26782]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-09559]


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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket Number FRA-2020-0034]


Petition for Waiver of Compliance

    Under part 211 of title 49 Code of Federal Regulations (CFR), this 
document provides the public notice that on April 20, 2020, Ohio River 
Scenic Railway (ORSR) 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, 
Qualifications and Certification of Locomotive Engineers. FRA assigned 
the petition Docket Number FRA-2020-0034.
    Specifically, ORSR requests a waiver from the requirements of 49 
CFR 240.201(d), Implementation, which states that a railroad can only 
permit qualified locomotive engineers to operate locomotives. ORSR 
seeks to operate an ``Engineer-for-an-Hour'' charter program and offer 
non-certified individuals the opportunity to operate a diesel-electric 
locomotive under the direct supervision of a certified and qualified 
locomotive engineer. ORSR states the waiver would affect only persons 
who participate in the program and restrictions would be placed on this 
operation.
    The waiver would cover operations on a 2.6-mile segment of main 
track between milepost (MP) 3.4 and MP 6.0. There are no public grade 
crossings or otherwise hazardous or unusual conditions on this segment 
of track.
    Through a series of license agreements, ORSR will utilize the 
majority of a 22-mile railroad line in Southern Indiana, owned and 
operated by the Perry County Port Authority (PCPA) d/b/a Hoosier 
Southern Railroad (HOS), to provide passenger excursion railroad 
service across Perry and Spencer Counties in Indiana. ORSR's normal 
excursion operations would occur between MP 2.3 and MP 22.2 on 
weekends, operating under yard limits not exceeding 10 miles per hour. 
HOS freight shipments only occur on the line on weekdays, except for 
special circumstances on the weekends. ORSR schedules must always be 
coordinated with and approved by the PCPA and HOS to ensure that there 
are no conflicting train movements.
    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

[[Page 26782]]

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 Ave. SE, W12-140, Washington, DC 20590.
     Hand Delivery: 1200 New Jersey Ave. SE, Room W12-140, 
Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, 
except Federal Holidays.
    Communications received by June 19, 2020 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 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.

    Issued in Washington, DC.
John Karl Alexy,
Associate Administrator for Railroad Safety Chief Safety Officer.
[FR Doc. 2020-09559 Filed 5-4-20; 8:45 am]
 BILLING CODE 4910-06-P


