Petition for Waiver of Compliance, 6256 [2010-2606]

Agencies

• Federal Railroad Administration
• DEPARTMENT OF TRANSPORTATION

[Federal Register Volume 75, Number 25 (Monday, February 8, 2010)]
[Notices]
[Page 6256]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-2606]



[[Page 6256]]

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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration


Petition for Waiver of Compliance

    In accordance with Part 211 of Title 49 Code of Federal Regulations 
(CFR), notice is hereby given that the Federal Railroad Administration 
(FRA) has received a request for a waiver of compliance from certain 
requirements of its safety standards. The individual petition is 
described below, including the party seeking relief, the regulatory 
provisions involved, the nature of the relief being requested, and the 
petitioner's arguments in favor of relief.

CSX Transportation, Inc.

(Waiver Petition Docket Number FRA-2009-0126)

    The CSX Transportation, Inc. (CSXT) requests a waiver of compliance 
from the requirements of 49 CFR part 240, Qualification and 
Certification of Locomotive Engineers, specifically Section 129. CSXT's 
specific request is for a waiver from the requirement that certain 
remote control operators (RCOs) have annual operational performance 
evaluations as provided under the procedures pursuant to Sections 
240.129(b), (c), and (e).
    Section 240.129(b) requires a railroad to have procedures for 
monitoring the operational performance of those it has determined to be 
qualified as a ``locomotive engineer.'' Section 240.129(c) provides the 
requirements of the procedures referenced under (b), including that the 
engineer, ``shall be annually monitored (check ride) by a Designated 
Supervisor of Locomotive Engineers'' and is either accompanied by the 
designated supervisor'' or ``has his or her train handling activities 
electronically recorded.'' CSXT has a program to comply with these 
requirements. Section 240.129(e) requires the railroad to have an 
operational testing and monitoring program in place, and to perform at 
least one unannounced test each calendar year. This program must be 
designed to monitor compliance with railroad operating rules and other 
directives, and to examine and test such compliance.
    CSXT is using a process whereby the engineer and RCO qualification 
endorsement is placed into the employee's crew management profile when 
qualified, and the same engineer or RCO endorsement is removed when 
certain FRA requirements are not met. Presently, the Manager of FRA 
Certification or the System Road Foreman of Engines notifies the Crew 
Management Center and has the employee's engineer or RCO status changed 
from active to inactive, thereby prohibiting such employee from working 
a locomotive engineer's or RCO's assignment.
    CSXT has a number of employees certified under 49 CFR part 240 for 
RCO service who are not currently performing the duties that require 
this certification. Some of these individuals have bid on and taken 
positions in other service while others have been furloughed. As a 
result, these individuals are not in a position to operate remote 
control equipment. CSXT requests relief from Section 240.129 to avoid 
having to perform operational performance evaluations on individuals 
who are currently out of RCO service. Waiving performance of these 
evaluations on individuals not currently active as RCOs is consistent 
with the general application of Part 240, which applies to ``any person 
who operates locomotives.''
    These individuals are not working as RCOs, nor will they be allowed 
to work as RCOs under CSXT's control system. Performance of the 
operational evaluation on individuals not currently working as RCOs 
causes safety concerns because it requires calling a person in for the 
sole purpose of an evaluation and also because it would lead to those 
individuals achieving technical compliance with the rule only to go 
back to prolonged service in areas other than a RCO.
    If CSXT's waiver request is granted, CSXT will provide any RCO 
wishing to return to active service a monitoring observation and an 
unannounced operating rule operational test within 30 days of the 
employee's return to RCO service.
    CSXT requests this waiver as a method of ensuring that active RCOs 
receive timely and appropriate training and monitoring as required for 
compliance with the rule. Through granting this waiver, CSXT believes 
there will be no negative impact on safety. As described, CSXT will not 
permit any RCO to operate a remote control locomotive without being in 
full compliance with part 240, including Section 129, of which relief 
is requested. CSXT believes this process will promote enhanced safety 
by providing for the operational performance evaluations to be done as 
these RCOs return to active service when safe operation of the 
equipment is their focus.
    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 (e.g., Waiver Petition Docket Number FRA-
2009-0126) and may be submitted by any of the following methods:
     Web site: https://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 45 days 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. All 
written communications concerning these proceedings are available for 
examination during regular business hours (9 a.m.-5 p.m.) at the above 
facility. All documents in the public docket are also available for 
inspection and copying on the Internet at the docket facility's Web 
site at https://www.regulations.gov.
    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 document (or signing the 
document, if submitted on behalf of an association, business, labor 
union, etc.). You may review DOT's complete Privacy Act Statement in 
the Federal Register published on April 11, 2000 (65 FR 19477) or at 
https://www.dot.gov/privacy.html.

    Issued in Washington, DC, on February 2, 2010.
Grady C. Cothen, Jr.,
Deputy Associate Administrator for Safety Standards and Program 
Development.
[FR Doc. 2010-2606 Filed 2-5-10; 8:45 am]
BILLING CODE 4910-06-P