[Federal Register Volume 78, Number 68 (Tuesday, April 9, 2013)]
[Notices]
[Pages 21185-21186]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-08209]
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DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
[Docket Number FRA-2010-0152]
Petition for Amending 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 January 24, 2013, the National Railroad Passenger Corporation
(Amtrak) has petitioned the Federal Railroad Administration (FRA) for
an amendment of 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, in Docket
Number FRA-2010-0152. On May 11, 2010, FRA granted Amtrak a waiver of
compliance from 49 CFR 240.117(e)(1)-(4), 240.305, and 240.307. The
relief granted to Amtrak was contingent on its continued participation
in the Confidential Close Call Reporting System (C3RS) pilot project.
FRA granted the original waiver for a period of 5 years.
Amtrak, the Brotherhood of Locomotive Engineers and Trainmen, and
the United Transportation Union seek to shield the reporting employee
and the railroad from punitive sanctions that would otherwise arise as
provided in selected sections of 49 CFR 240.307, to encourage
locomotive engineer reporting of close calls, and to protect locomotive
engineers and Amtrak from
[[Page 21186]]
discipline or sanctions arising from the incidents reported pursuant to
the Implementing Memorandum of Understanding (IMOU).
The proposed amendment extends the boundaries of inclusion under
Article 3 of the IMOU to all Amtrak-owned or -controlled properties
nationwide. The additional locations include: the Northeast Corridor
(all main track operations); the Hudson Line; the Michigan Line in New
Orleans, LA; and yards and facilities owned by Amtrak that are
connected to other carriers' tracks.
Further, the amendment proposes changing the applicability
parameters under Article 3.1 of the Amtrak IMOU, affording C3RS
protection to NJ Transit train and engine service employees working in
Sunnyside Yard.
Finally, the amendment proposes amending Article 6.4 of the Amtrak
IMOU pertaining to special additional criteria for close call event
reporting to allow coverage for events involving damage or derailment
below the FRA monetary reporting threshold.
A copy of the petition, as well as any written communications
concerning the petition available for review online at
www.regulations.gov and in person at the U.S. Department of
Transportation's 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 April 29, 2013 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 is 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 document,
if submitted on behalf of an association, business, labor union, etc.).
See http://www.regulations.gov/#!privacyNotice for the privacy notice
of regulations.gov, or interested parties may review DOT's complete
Privacy Act Statement in the Federal Register published on April 11,
2000 (65 FR 19477).
Issued in Washington, DC, on April 3, 2013.
Robert C. Lauby,
Deputy Associate Administrator for Regulatory and Legislative
Operations.
[FR Doc. 2013-08209 Filed 4-8-13; 8:45 am]
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