Petition for Waiver of Compliance, 39506 [2023-12931]
Download as PDF
39506
Federal Register / Vol. 88, No. 116 / Friday, June 16, 2023 / Notices
DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
[Docket Number FRA–2006–24812]
ddrumheller on DSK120RN23PROD with NOTICES1
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 letters received on April 19,
2023, and May 4, 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
232 (Brake System Safety Standards for
Freight and Other Non-Passenger Trains
and Equipment; End-of-Train Devices).
The relevant Docket Number is FRA–
2006–24812.
Specifically, BNSF requests a waiver
extension from 49 CFR 232.213,
Extended haul trains, to continue
operating extended haul trains for
distances of up to 1,702 miles, beyond
the limit of 1,500 miles stated in the
regulation. In support of its request,
BNSF states that it maintains a 24-hour
hotline to ‘‘support FRA in
identification of active trains operating
under this waiver and answer any
operational questions.’’ BNSF further
states that ‘‘operations under this waiver
have reduced risk exposure for personal
injuries involving walking and driving
vehicles during inspections on every
train under this waiver.’’ BNSF explains
the relief has also ‘‘improved upon crew
rest and eliminated 1,000s of hours of
idle time[,] resulting in noise reduction
and reduced pollutant[s].’’
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 https://
www.regulations.gov. Follow the online
instructions for submitting comments.
Communications received by August
15, 2023 will be considered by FRA
VerDate Sep<11>2014
17:43 Jun 15, 2023
Jkt 259001
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. 2023–12929 Filed 6–15–23; 8:45 am]
BILLING CODE 4910–06–P
DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
[Docket Number FRA–2023–0040]
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 19, 2023, the National
Railroad Passenger Corporation
(Amtrak) 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–2023–0040.
Specifically, Amtrak requests relief
required to participate in FRA’s
Confidential Close Call Reporting
System (C3RS) Program. Amtrak seeks to
shield reporting employees and the
railroad from mandatory punitive
sanctions that would otherwise arise as
provided in §§ 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 C3RS
Program encourages certified operating
crew members to report close calls and
protects the employees and the railroad
PO 00000
Frm 00115
Fmt 4703
Sfmt 9990
from discipline or sanctions arising
from the incidents reported per the
C3RS Implementing Memorandum of
Understanding (IMOU).1
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 https://
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. 2023–12931 Filed 6–15–23; 8:45 am]
BILLING CODE P
1 The petition notes that Amtrak, Metrolink, the
Brotherhood of Locomotive Engineers and
Trainmen, the Sheet Metal and Rail Transportation
Union—Transportation Division, American Train
Dispatchers Association, and Transportation
Communications Union, have developed, and are in
the process of signing, an IMOU. The program
would involve Amtrak employees involved in
equipment operations for Metrolink.
E:\FR\FM\16JNN1.SGM
16JNN1
Agencies
[Federal Register Volume 88, Number 116 (Friday, June 16, 2023)]
[Notices]
[Page 39506]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-12931]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
[Docket Number FRA-2023-0040]
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 19, 2023, the National
Railroad Passenger Corporation (Amtrak) 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-2023-0040.
Specifically, Amtrak requests relief required to participate in
FRA's Confidential Close Call Reporting System (C\3\RS) Program. Amtrak
seeks to shield reporting employees and the railroad 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).\1\
---------------------------------------------------------------------------
\1\ The petition notes that Amtrak, Metrolink, the Brotherhood
of Locomotive Engineers and Trainmen, the Sheet Metal and Rail
Transportation Union--Transportation Division, American Train
Dispatchers Association, and Transportation Communications Union,
have developed, and are in the process of signing, an IMOU. The
program would involve Amtrak employees involved in equipment
operations for Metrolink.
---------------------------------------------------------------------------
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 https://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. 2023-12931 Filed 6-15-23; 8:45 am]
BILLING CODE P