Petition for Waiver of Compliance

Document Headings Document headings vary by document type but may contain the following: the agency or agencies that issued and signed a document the number of the CFR title and the number of each part the document amends, proposes to amend, or is directly related to the agency docket number / agency internal file number the RIN which identifies each regulatory action listed in the Unified Agenda of Federal Regulatory and Deregulatory Actions See the Document Drafting Handbook for more details. Department of Transportation Federal Railroad Administration [Docket Number FRA-2018-0084] Under part 211 of Title 49 of the Code of Federal Regulations (CFR), this provides the public notice that on October 5, 2018, the Texas State Railroad (TSR), 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-2018-0084. TSR 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 § 240.223.” TSR desires to conduct a “Hands on the Throttle Program,” which would allow “non-certified” individuals to operate a locomotive as a “Student Locomotive Engineer.” TSR owns and operates a fleet of steam and historic diesel locomotives and desires to provide non-certified persons the opportunity to operate these locomotives. As proposed, TSR will verify that each participant will be at least 18 years old and possesses a valid state-issued motor vehicle license, and will have a certified locomotive engineer in the cab of the locomotive at all times. The operations will occur at two locations on TSR trackage bet…