Notice2024-10178

Petition for Waiver of Compliance

Primary source

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Published
May 9, 2024

Issuing agencies

Transportation DepartmentFederal Railroad Administration

Full Text

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<title>Federal Register, Volume 89 Issue 91 (Thursday, May 9, 2024)</title>
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[Federal Register Volume 89, Number 91 (Thursday, May 9, 2024)]
[Notices]
[Page 39681]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-10178]


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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket Number FRA-2024-0043]


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 13, 2024, Rapid City, 
Pierre & Eastern Railroad and the International Association of Sheet 
Metal, Air, Rail and Transportation Workers (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-2024-0043.
    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 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">www.regulations.gov</a>. 
Follow the online instructions for submitting comments.
    Communications received by July 8, 2024 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. 2024-10178 Filed 5-8-24; 8:45 am]
BILLING CODE 4910-06-P


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Indexed from Federal Register on May 9, 2024.

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