[Federal Register Volume 78, Number 68 (Tuesday, April 9, 2013)]
[Notices]
[Pages 21185-21186]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-08209]


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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket Number FRA-2010-0152]


Petition for Amending Waiver of Compliance

    In accordance with Part 211 of Title 49 Code of Federal Regulations 
(CFR), this document provides the public notice that by a document 
dated January 24, 2013, the National Railroad Passenger Corporation 
(Amtrak) has petitioned the Federal Railroad Administration (FRA) for 
an amendment 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, in Docket 
Number FRA-2010-0152. On May 11, 2010, FRA granted Amtrak a waiver of 
compliance from 49 CFR 240.117(e)(1)-(4), 240.305, and 240.307. The 
relief granted to Amtrak was contingent on its continued participation 
in the Confidential Close Call Reporting System (C3RS) pilot project. 
FRA granted the original waiver for a period of 5 years.
    Amtrak, the Brotherhood of Locomotive Engineers and Trainmen, and 
the United Transportation Union seek to shield the reporting employee 
and the railroad from punitive sanctions that would otherwise arise as 
provided in selected sections of 49 CFR 240.307, to encourage 
locomotive engineer reporting of close calls, and to protect locomotive 
engineers and Amtrak from

[[Page 21186]]

discipline or sanctions arising from the incidents reported pursuant to 
the Implementing Memorandum of Understanding (IMOU).
    The proposed amendment extends the boundaries of inclusion under 
Article 3 of the IMOU to all Amtrak-owned or -controlled properties 
nationwide. The additional locations include: the Northeast Corridor 
(all main track operations); the Hudson Line; the Michigan Line in New 
Orleans, LA; and yards and facilities owned by Amtrak that are 
connected to other carriers' tracks.
    Further, the amendment proposes changing the applicability 
parameters under Article 3.1 of the Amtrak IMOU, affording C3RS 
protection to NJ Transit train and engine service employees working in 
Sunnyside Yard.
    Finally, the amendment proposes amending Article 6.4 of the Amtrak 
IMOU pertaining to special additional criteria for close call event 
reporting to allow coverage for events involving damage or derailment 
below the FRA monetary reporting threshold.
    A copy of the petition, as well as any written communications 
concerning the petition available for review online at 
www.regulations.gov and in person at the U.S. Department of 
Transportation's Docket Operations Facility, 1200 New Jersey Avenue, 
SE., W12-140, Washington, DC 20590. The Docket Operations Facility is 
open from 9 a.m. to 5 p.m., Monday through Friday, except Federal 
Holidays. If you do not have access to the Internet, please contact 
FRA's Docket Clerk at 202-493-6030, who will provide necessary 
information concerning the contents of the petition.
    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, 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 by any of the following 
methods:
     Web site: http://www.regulations.gov. Follow the online 
instructions for submitting comments.
     Fax: 202-493-2251.
     Mail: Docket Operations Facility, U.S. Department of 
Transportation, 1200 New Jersey Avenue, SE., W12-140, Washington, DC 
20590.
     Hand Delivery: 1200 New Jersey Avenue, SE., Room W12-140, 
Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, 
except Federal Holidays.
    Communications received within April 29, 2013 of the date of this 
notice will be considered by FRA before final action is taken. Comments 
received after that date will be considered as far as is practicable.
    Anyone is able to 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.). 
See http://www.regulations.gov/#!privacyNotice for the privacy notice 
of regulations.gov, or interested parties may review DOT's complete 
Privacy Act Statement in the Federal Register published on April 11, 
2000 (65 FR 19477).

    Issued in Washington, DC, on April 3, 2013.
Robert C. Lauby,
Deputy Associate Administrator for Regulatory and Legislative 
Operations.
[FR Doc. 2013-08209 Filed 4-8-13; 8:45 am]
BILLING CODE 4910-06-P