[Federal Register Volume 88, Number 116 (Friday, June 16, 2023)]
[Notices]
[Page 39505]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-12932]



[[Page 39505]]

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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket Number FRA-2023-0042]


Petition for Waiver of Compliance

    Under part 211 of title 49 Code of Federal Regulations (CFR), this 
document provides the public notice that on May 30, 2023, the 
Association of American Railroads (AAR), on behalf of the six Class I 
railroads (BNSF Railway, Canadian Pacific Kansas City, Canadian 
National Railway, CSX Transportation, Amtrak,\1\ and Norfolk Southern 
Railway) 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 240 (Qualification and 
Certification of Locomotive Engineers) and part 242 (Qualification and 
Certification of Conductors). FRA assigned the petition Docket Number 
FRA-2023-0042.
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    \1\ Note, Amtrak has a similar request pending in Docket No. 
FRA-2023-0040 pertaining to the Metrolink service.
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    Specifically, AAR requests, on behalf of the Class 1 railroads, 
relief required to participate in FRA's Confidential Close Call 
Reporting System (C\3\RS) Program. AAR seeks to shield reporting 
employees and the Class 1 railroads 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 railroads from discipline or sanctions arising from 
the incidents reported per the C\3\RS Implementing Memorandum of 
Understanding.
    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 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 http://www.regulations.gov. Follow the online instructions for submitting 
comments.
    Communications received by August 15, 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), 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. 2023-12932 Filed 6-15-23; 8:45 am]
BILLING CODE 4910-06-P