[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]


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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\
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    \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.
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    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 http://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]
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