[Federal Register Volume 88, Number 59 (Tuesday, March 28, 2023)]
[Notices]
[Pages 18363-18364]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-06355]


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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket Number FRA-2023-0017]


Petition for Waiver of Compliance

    Under part 211 of title 49 Code of Federal Regulations (CFR), this 
document provides the public notice that on February 10, 2023, D & I 
Railroad Company (DAIR) 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-2023-0017.
    Specifically, DAIR requests relief as part of its proposed 
implementation of and participation in FRA's Confidential Close Call 
Reporting System (C\3\RS) Program. DAIR 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)(l)-(4) and (a)(6); 240.307; 242.403(b), (c), (e)(l)-(4), 
(e)(6)-(11), (f)(l)-(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.
    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

[[Page 18364]]

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 http://www.regulations.gov. Follow the online instructions for submitting 
comments.
    Communications received by May 30, 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. 2023-06355 Filed 3-27-23; 8:45 am]
BILLING CODE 4910-06-P


