[Federal Register Volume 89, Number 122 (Tuesday, June 25, 2024)]
[Notices]
[Page 53175]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-13862]


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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket Number FRA-2009-0096]


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 April 10, 
2024, New Jersey Transit Rail Operations (NJT) 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 240 (Qualification and 
Certification of Locomotive Engineers) and part 242 (Qualification and 
Certification of Conductors). The relevant Docket Number is FRA-2009-
0096.\1\
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    \1\ Formerly, NJT received relief in separate docket numbers: 
FRA-2009-0096 (part 240) and FRA-2012-0056 (part 242). Henceforth, 
FRA will process NJT's request for relief from both parts 240 and 
242 for the Confidential Close Call Reporting System (C\3\RS)in 
Docket Number FRA-2009-0096.
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    Specifically, NJT requests relief required to continue 
participation in FRA's C\3\RS Program. NJT seeks to continue shielding 
reporting employees 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 railroad from discipline or sanctions arising from 
the incidents reported per the C\3\RS Implementing Memorandum of 
Understanding (IMOU). NJT states that although the Brotherhood of 
Locomotive Engineers (BLET) \2\ withdrew its participation from NJT's 
C\3\RS program on June 3, 2022, BLET now wishes to reestablish its 
participation in the program. In support of its request, NJT states 
that it ``has invested and will continue to invest substantial 
resources in coaching and refresher training for its employees.''
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    \2\ Employees represented by BLET, in addition to those 
represented by SMART United Transportation Union and the American 
Train Dispatchers Association, were included in the implementing 
Memorandum of Understanding signed on October 10, 2014.
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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 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 www.regulations.gov. 
Follow the online instructions for submitting comments.
    Communications received by August 26, 2024 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 the Department of Transportation's 
(DOT) 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. 2024-13862 Filed 6-24-24; 8:45 am]
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