Notice2023-07575
Petition for Extension of Waiver of Compliance
Primary source
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Published
April 11, 2023
Issuing agencies
Transportation DepartmentFederal Railroad Administration
Full Text
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<title>Federal Register, Volume 88 Issue 69 (Tuesday, April 11, 2023)</title>
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[Federal Register Volume 88, Number 69 (Tuesday, April 11, 2023)]
[Notices]
[Page 21739]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-07575]
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DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
[Docket Number FRA-2018-0066]
Petition for Extension of Waiver of Compliance
Under part 211 of title 49 Code of Federal Regulations (CFR), this
document provides the public notice that by letter dated March 3, 2023,
BNSF Railway (BNSF) petitioned the Federal Railroad Administration
(FRA) for an extension of a waiver of compliance from certain
provisions of the Federal railroad safety regulations contained at 49
CFR part 227 (Occupational Noise Exposure). The relevant Docket Number
is FRA-2018-0066.
Specifically, BNSF requests to extend its relief from Sec.
227.109, Audiometric testing program, to allow employees certified
under parts 240 (Qualification and Certification of Locomotive
Engineers) and 242 (Qualification and Certification of Conductors) to
exceed 1,095 days between audiometric tests if they meet the hearing
acuity timelines of Sec. Sec. 240.217, Time limitations for making
determinations, and 242.201, Time limitations for certification. BNSF
seeks continued permission for certified employees to have up to 1,460
days between audiometric tests to alleviate possible employee confusion
of having multiple hearing test requirements. In support of its
petition, BNSF states that the relief will ``reduce the impacts of
regulatory overlap'' and that the relief is supported by employees.\1\
Additionally, BNSF states that it has successfully completed hearing
conservation audits in 2009, 2014, 2020, and 2022, and it will
``continue to offer annual testing and training in the spirit of the
regulation's intent to provide long-term surveillance and medical
oversight'' for certified employees.
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\1\ To support this claim, BNSF cites the comment, dated
September 24, 2018, from SMART-TD in the docket at <a href="https://www.regulations.gov/comment/FRA-2018-0066-0004">https://www.regulations.gov/comment/FRA-2018-0066-0004</a>.
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A copy of the petition, as well as any written communications
concerning the petition, is available for review online at
<a href="http://www.regulations.gov">www.regulations.gov</a>.
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 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 at <a href="http://www.regulations.gov">http://www.regulations.gov</a>. Follow the online instructions for submitting
comments.
Communications received by June 12, 2023 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), the U.S. Department of
Transportation (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 <a href="http://www.regulations.gov">www.regulations.gov</a>, as
described in the system of records notice (DOT/ALL-14 FDMS), which can
be reviewed at <a href="https://www.transportation.gov/privacy">https://www.transportation.gov/privacy</a>. See also <a href="https://www.regulations.gov/privacy-notice">https://www.regulations.gov/privacy-notice</a> for the privacy notice of
<a href="http://regulations.gov">regulations.gov</a>.
Issued in Washington, DC.
John Karl Alexy,
Associate Administrator for Railroad Safety, Chief Safety Officer.
[FR Doc. 2023-07575 Filed 4-10-23; 8:45 am]
BILLING CODE 4910-06-P
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