
[Federal Register Volume 77, Number 196 (Wednesday, October 10, 2012)]
[Notices]
[Page 61657]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-24920]



[[Page 61657]]

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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket Number FRA-2012-0054]


Petition for Waiver of Compliance

    In accordance with Part 211 of Title 49 Code of Federal Regulations 
(CFR), this document provides the public notice that by a document 
dated June 15, 2012, the National Railroad Passenger Corporation 
(Amtrak) has petitioned the Federal Railroad Administration (FRA) for a 
waiver of compliance from certain provisions of the Federal railroad 
safety regulations contained at 49 CFR 242.403-(b), (c)(1)-(3), (d), 
(e)(1)-(4), (e)(6)-(11), (e)(13) and f(1)-(2). FRA assigned the 
petition Docket Number FRA-2012-0054.
    The Confidential Close Call Reporting System (C3RS) pilot project 
for Amtrak was initially approved by FRA on May 11, 2010. In Docket 
Number FRA-2010-27678, Amtrak requested and was granted a waiver of 
certain provisions of 49 CFR Part 240, which governs the certification 
of locomotive engineers, to support the pilot project. On May 11, 2010, 
FRA granted the waiver for a period of 5 years. The railroad now 
requests a similar waiver from the conductor certification regulations 
for purposes of participating in the C3RS pilot project. Amtrak, the 
Brotherhood of Locomotive Engineers and Trainmen, and the United 
Transportation Union desire to shield the reporting employee and the 
railroad from punitive sanctions that would otherwise arise, as 
provided in selected sections of 49 CFR Part 242, to encourage 
conductor reporting of close calls and protect conductors and Amtrak 
from discipline or sanctions arising from the incidents reported 
pursuant to the Memorandum of Understanding for the C3RS, dated May 11, 
2010.
    A copy of the petition, as well as any written communications 
concerning the petition, is available for review online at 
www.regulations.gov and in person at the U.S. Department of 
Transportation's (DOT) Docket Operations Facility, 1200 New Jersey 
Avenue SE., W12-140, Washington, DC 20590. The Docket Operations 
Facility is open from 9 a.m. to 5 p.m., Monday through Friday, except 
Federal Holidays. If you do not have access to the Internet, please 
contact FRA's Docket Clerk at (202) 493-6030, who will provide 
necessary information concerning the contents of the petition.
    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 and may be submitted by any of the following 
methods:
     Web site: http://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 November 26, 2012 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.
    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 comment (or signing the comment, 
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 (Volume 65, Number 70; Pages 
19477-78,) or online at http://www.dot.gov/privacy.html.

    Issued in Washington, DC, on October 2, 2012.
Ron Hynes,
Director, Office of Safety Assurance and Compliance.
[FR Doc. 2012-24920 Filed 10-9-12; 8:45 am]
BILLING CODE 4910-06-P


