Notice2024-13862
Petition for Extension of Waiver of Compliance
Primary source
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Published
June 25, 2024
Issuing agencies
Transportation DepartmentFederal Railroad Administration
Full Text
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<title>Federal Register, Volume 89 Issue 122 (Tuesday, June 25, 2024)</title>
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[Federal Register Volume 89, Number 122 (Tuesday, June 25, 2024)]
[Notices]
[Page 53175]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-13862]
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DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
[Docket Number FRA-2009-0096]
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 April 10,
2024, New Jersey Transit Rail Operations (NJT) 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 240 (Qualification and
Certification of Locomotive Engineers) and part 242 (Qualification and
Certification of Conductors). The relevant Docket Number is FRA-2009-
0096.\1\
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\1\ Formerly, NJT received relief in separate docket numbers:
FRA-2009-0096 (part 240) and FRA-2012-0056 (part 242). Henceforth,
FRA will process NJT's request for relief from both parts 240 and
242 for the Confidential Close Call Reporting System (C\3\RS)in
Docket Number FRA-2009-0096.
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Specifically, NJT requests relief required to continue
participation in FRA's C\3\RS Program. NJT seeks to continue shielding
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 (IMOU). NJT states that although the Brotherhood of
Locomotive Engineers (BLET) \2\ withdrew its participation from NJT's
C\3\RS program on June 3, 2022, BLET now wishes to reestablish its
participation in the program. In support of its request, NJT states
that it ``has invested and will continue to invest substantial
resources in coaching and refresher training for its employees.''
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\2\ Employees represented by BLET, in addition to those
represented by SMART United Transportation Union and the American
Train Dispatchers Association, were included in the implementing
Memorandum of Understanding signed on October 10, 2014.
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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 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 August 26, 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 the Department of Transportation's
(DOT) 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. 2024-13862 Filed 6-24-24; 8:45 am]
BILLING CODE 4910-06-P
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</html>Indexed from Federal Register on June 25, 2024.
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