Notice2023-12932
Petition for Waiver of Compliance
Primary source
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Published
June 16, 2023
Issuing agencies
Transportation DepartmentFederal Railroad Administration
Full Text
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<title>Federal Register, Volume 88 Issue 116 (Friday, June 16, 2023)</title>
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[Federal Register Volume 88, Number 116 (Friday, June 16, 2023)]
[Notices]
[Page 39505]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-12932]
[[Page 39505]]
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DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
[Docket Number FRA-2023-0042]
Petition for Waiver of Compliance
Under part 211 of title 49 Code of Federal Regulations (CFR), this
document provides the public notice that on May 30, 2023, the
Association of American Railroads (AAR), on behalf of the six Class I
railroads (BNSF Railway, Canadian Pacific Kansas City, Canadian
National Railway, CSX Transportation, Amtrak,\1\ and Norfolk Southern
Railway) 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-2023-0042.
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\1\ Note, Amtrak has a similar request pending in Docket No.
FRA-2023-0040 pertaining to the Metrolink service.
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Specifically, AAR requests, on behalf of the Class 1 railroads,
relief required to participate in FRA's Confidential Close Call
Reporting System (C\3\RS) Program. AAR seeks to shield reporting
employees and the Class 1 railroads 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 railroads 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 August 15, 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. 2023-12932 Filed 6-15-23; 8:45 am]
BILLING CODE 4910-06-P
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