
[Federal Register Volume 88, Number 205 (Wednesday, October 25, 2023)]
[Notices]
[Pages 73390-73391]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-23564]


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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket Number FRA-2018-0076]


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 on July 13, 2023, Canadian 
National Railway Company (CN) 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 220, Railroad Communications. The relevant Docket Number 
is FRA-2018-0076.
    Specifically, CN requests continued relief from Sec.  220.305, Use 
of personal electronic devices, and Sec.  220.307, Use of railroad-
supplied electronic devices, to permit its employees to use certain 
fitness trackers while conducting their daily duties. The request 
pertains to the Virgin Pulse Max Pedometer and/or

[[Page 73391]]

Virgin Pulse GoZone Pedometer. CN also requests to include in the 
relief ``similar devices from other manufacturers that are solely 
monitoring devices without the capability to make or receive phone 
calls, send or receive texts, and are not capable of hosting 
independent games or programs.'' CN states the risk of distraction is 
substantially minimized based on the devices' limited functionality and 
further explains that the devices are part of ``an important well-being 
program'' to ``support improved health outcomes'' for employees.
    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 December 26, 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), 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. 2023-23564 Filed 10-24-23; 8:45 am]
BILLING CODE 4910-06-P


