[Federal Register Volume 79, Number 176 (Thursday, September 11, 2014)]
[Notices]
[Page 54344]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-21617]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket Number FRA-2009-0096]


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 letter dated 
April 10, 2014, the NJ Transit Rail Operation (NJTR) has petitioned the 
Federal Railroad Administration (FRA) for an extension of a waiver 
granted in Docket Number FRA-2009-0096 on November 18, 2009, that 
provided relief from certain provisions of the Federal railroad safety 
regulations contained at 49 CFR part 240, Qualification and 
Certification of Locomotive Engineers, for a period of 5 years. The 
waiver extension would be contingent on the railroad's continued 
participation in the Confidential Close Call Reporting System (C3RS) 
pilot project.
    The April 10, 2014, letter provides that the Implementing 
Memorandum of Agreement (IMOU) dated June 11, 2009, and all subsequent 
amendments that govern the C3RS pilot program will be modified and 
replaced. The new IMOU is dated August 20,
    2014, and is based on a revised template provided by FRA. The new 
IMOU provides similar provisions to those of the current IMOU with 
three changes:
    1. The addition of Article 3.2 will extend protections to tenant 
locomotive engineers and conductors in tenant/host operations on the 
NJTR system.
    2. Article 6.4 will permit relief for all covered events under the 
FRA reporting threshold pursuant with 49 CFR 225, Railroad Accidents/
Incidents: Reports Classification, and Investigation.
    3. The National Aeronautics and Space Administration will replace 
the Bureau of Transportation Statistics as the third participating 
party.
    NJTR; the Brotherhood of Locomotive Engineers and Trainmen; and 
Sheet Metal, Air, Rail and Transportation Workers Transportation 
Division seek to shield the reporting employees and the railroad from 
punitive sanctions that would otherwise arise as provided in selected 
sections of 49 CFR 240.307, Revocation of certification, to encourage 
locomotive engineer reporting of close calls and to protect locomotive 
engineers and NJTR from discipline or sanctions arising from the 
incidents reported pursuant to the new IMOU.
    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 within October 14, 2014 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 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 September 4, 2014.
Ron Hynes,
Director, Office of Technical Oversight.
[FR Doc. 2014-21617 Filed 9-10-14; 8:45 am]
BILLING CODE 4910-06-P