Petition for Extension of 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 Code of Federal Regulations (CFR), this document provides the public notice that by letter received June 3, 2024, Texas State Railroad/Texas & Eastern Railroad (Petitioner) petitioned the Federal Railroad Administration (FRA) to extend the existing waiver of compliance from certain provisions of the Federal railroad safety regulations contained at 49 CFR part 240 (Qualification and Certification of Locomotive Engineers). The relevant Docket Number is FRA-2018-0084. Specifically, Petitioner requests continued relief from § 240.201, Implementation, which requires that only certified persons operate locomotives and trains. The relief would allow noncertified persons to operate a historic locomotive as part of a visitor experience or “Hand on the Throttle” program. In support of its petition, Petitioner notes that the relief would only apply to persons participating in the program, and that participants would be 18 years of age or older and under the direct supervision of a certified and qualified locomotive engineer. Further, all movements would take place during daylight hours and at restricted speed with no opposing train movements, and no public grade crossings will be occupied. Additionally, derail protection will be in place at each end of the track limits. A copy of the petition, as well as any written communications concerning t…