[Federal Register Volume 78, Number 120 (Friday, June 21, 2013)]
[Notices]
[Pages 37657-37658]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-14893]


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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket Number FRA-2013-0014]


Petition for a Waiver of Compliance

    In accordance with Part 211 of Title 49 Code of Federal Regulations 
(CFR), this document provides the public notice that Bombardier 
Transportation North America (BTNA) has 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 
242, Qualification and Certification of Conductors, at two of its 
maintenance operations. BTNA's first operation serves the Southern 
California Regional Rail Authority with locations in Los Angeles, 
Lancaster, and San Bernardino, CA. BTNA's second operation serves the 
South Florida Regional Transportation Authority in Miami, FL. BTNA 
services and maintains the commuter train equipment for these commuter 
rail lines, and Transportation Certification Services, Inc. administers 
BTNA's operating crew certification programs. FRA assigned the petition 
Docket Number FRA-2013-0014.
    The conductor certification regulations provide that every train or 
yard crew, as defined in 49 CFR 218.5, Definitions, are required to 
have a certified conductor as a member of the crew and, in the case of 
a single person train or yard crew, the regulation provides that the 
employee must be dual-certified as a locomotive engineer and a 
conductor.
    In its petition, BTNA states that virtually all of the employees 
responsible for equipment movements at the above-referenced facilities 
are certified locomotive engineers pursuant to 49 CFR Part 240, 
Qualification and Certification of Locomotive Engineers. In addition to 
the locomotive engineer training, the employees receive additional 
training to cover ground-switching duties. BTNA states that the 
additional training required under 49 CFR Part 242 would not increase 
the level of safety at these facilities and would create a cost burden 
for it.
    In its petition, BTNA also notes that 49 CFR 242.123, Monitoring 
operational

[[Page 37658]]

performance, requires that specific operating rule efficiency tests be 
performed on conductors in addition to the operational testing required 
under 49 CFR Part 240. Consequently, BTNA will conduct the operational 
testing required by 49 CFR 242.123 for all employees who are engaged in 
the movement of equipment at the above-referenced facilities.
    A copy of the petition, as well as any written communications 
concerning the petition, is available for review online at 
www.regulations.gov and in person at the U.S. Department of 
Transportation's (DOT) 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.
    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 by July 22, 2013 will be considered by FRA 
before final action is taken. Comments received after that date will be 
considered as far as practicable.
    Anyone is able to search the electronic form of any written 
communications and comments received into 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 June 17, 2013.
Robert C. Lauby,
Deputy Associate Administrator for Regulatory and Legislative 
Operations.
[FR Doc. 2013-14893 Filed 6-20-13; 8:45 am]
BILLING CODE 4910-06-P