[Federal Register Volume 88, Number 69 (Tuesday, April 11, 2023)]
[Notices]
[Page 21739]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-07575]


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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket Number FRA-2018-0066]


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 March 3, 2023, 
BNSF Railway (BNSF) 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 227 (Occupational Noise Exposure). The relevant Docket Number 
is FRA-2018-0066.
    Specifically, BNSF requests to extend its relief from Sec.  
227.109, Audiometric testing program, to allow employees certified 
under parts 240 (Qualification and Certification of Locomotive 
Engineers) and 242 (Qualification and Certification of Conductors) to 
exceed 1,095 days between audiometric tests if they meet the hearing 
acuity timelines of Sec. Sec.  240.217, Time limitations for making 
determinations, and 242.201, Time limitations for certification. BNSF 
seeks continued permission for certified employees to have up to 1,460 
days between audiometric tests to alleviate possible employee confusion 
of having multiple hearing test requirements. In support of its 
petition, BNSF states that the relief will ``reduce the impacts of 
regulatory overlap'' and that the relief is supported by employees.\1\ 
Additionally, BNSF states that it has successfully completed hearing 
conservation audits in 2009, 2014, 2020, and 2022, and it will 
``continue to offer annual testing and training in the spirit of the 
regulation's intent to provide long-term surveillance and medical 
oversight'' for certified employees.
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    \1\ To support this claim, BNSF cites the comment, dated 
September 24, 2018, from SMART-TD in the docket at https://www.regulations.gov/comment/FRA-2018-0066-0004.
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    A copy of the petition, as well as any written communications 
concerning the petition, is available for review online at 
www.regulations.gov.
    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 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 http://www.regulations.gov. Follow the online instructions for submitting 
comments.
    Communications received by June 12, 2023 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), the U.S. Department of 
Transportation (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 www.regulations.gov, as 
described in the system of records notice (DOT/ALL-14 FDMS), which can 
be reviewed at https://www.transportation.gov/privacy. See also https://www.regulations.gov/privacy-notice for the privacy notice of 
regulations.gov.

    Issued in Washington, DC.
John Karl Alexy,
Associate Administrator for Railroad Safety, Chief Safety Officer.
[FR Doc. 2023-07575 Filed 4-10-23; 8:45 am]
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