Notice2023-09657
Petition for Waiver of Compliance
Primary source
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Published
May 8, 2023
Issuing agencies
Transportation DepartmentFederal Railroad Administration
Full Text
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<title>Federal Register, Volume 88 Issue 88 (Monday, May 8, 2023)</title>
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[Federal Register Volume 88, Number 88 (Monday, May 8, 2023)]
[Notices]
[Page 29802]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-09657]
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DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
[Docket Number FRA-2023-0030]
Petition for Waiver of Compliance
Under part 211 of title 49 Code of Federal Regulations (CFR), this
document provides the public notice that on March 24, 2023, the Belt
Railway Company of Chicago, in conjunction with the labor unions that
represent its schedule employees (SMART-TD, BLET, ATDA, TCU, BRC
Division of TCU-IAM, BMWED, BRS, IBEW, SMART-M, ARASA, IAM, and NCFO)
(collectively, Petitioners), 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
(Qualification and Certification of Locomotive Engineers) and part 242
(Qualification and Certification of Conductors). FRA assigned the
petition Docket Number FRA-2023-0030.
Specifically, Petitioners request relief required to participate in
FRA's Confidential Close Call Reporting System (C\3\RS) Program.
Petitioners seek to shield reporting employees and the railroad from
mandatory punitive sanctions that would otherwise arise as provided in
Sec. Sec. 240.117(e)(1)-(4); 240.305(a)(1)-(4) and (a)(6); 240.307;
242.403(b), (c), (e)(1)-(4), (e)(6)-(11), (f)(1)-(2); and 242.407. The
C\3\RS Program encourages certified operating crew members to report
close calls and protects the employees and the railroad from discipline
or sanctions arising from the incidents reported per the C\3\RS
Implementing Memorandum of Understanding.
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 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 at <a href="http://www.regulations.gov">http://www.regulations.gov</a>. Follow the online instructions for submitting
comments.
Communications received by July 7, 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), 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. 2023-09657 Filed 5-5-23; 8:45 am]
BILLING CODE 4910-06-P
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</html>Indexed from Federal Register on May 8, 2023.
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