[Federal Register Volume 78, Number 83 (Tuesday, April 30, 2013)]
[Notices]
[Pages 25347-25348]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-10075]
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DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
[Docket Number FRA-2012-0054]
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 242,
Conductor Certification, in Docket Number FRA-2012-0054. On January 15,
2013, FRA granted Amtrak a waiver of compliance from 49 CFR 242.403(b),
(c)(1)-(3), (d), (e)(1)-(4), (e)(6)-(11), and (f)(1)-(2). The relief
granted to Amtrak was contingent on its continued participation in the
Confidential Close Call Reporting System (C3RS) pilot project.
Amtrak, the Brotherhood of Locomotive Engineers and Trainmen, and
the United Transportation Union seek to shield the reporting employees
and the railroad from punitive sanctions that would otherwise arise as
provided in selected sections of 49 CFR 242.403 to encourage conductor
reporting of close calls, and to protect conductors and Amtrak from
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 added 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 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.
[[Page 25348]]
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.
Amtrak's C3RS pilot project was initially approved by FRA on May
11, 2010. In Docket Number FRA-2010-0152, Amtrak requested and was
granted a waiver of compliance from certain provisions of 49 CFR Part
240, Qualification and Certification of Locomotive Engineers, to
support its C3RS pilot project.
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 May 20, 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 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 24, 2013.
Robert C. Lauby,
Deputy Associate Administrator for Regulatory and Legislative
Operations.
[FR Doc. 2013-10075 Filed 4-29-13; 8:45 am]
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