81 FR 15145 - Petition for Waiver of Compliance

DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration

Federal Register Volume 81, Issue 54 (March 21, 2016)

[Federal Register Volume 81, Number 54 (Monday, March 21, 2016)]
[Notices]
[Pages 15145-15146]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-06214]


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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket Number FRA-2016-0019]


Petition for 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 4, 2016, the New York, Susquehanna and Western Railway 
(NYSW) has petitioned the Federal Railroad Administration (FRA) for a 
waiver of compliance from several provisions of the Federal railroad 
safety regulations. Specifically, NYSW requests relief from certain 
provisions of 49 CFR part 240, Qualification and Certification of 
Locomotive Engineers, and Part 242, Qualification and Certification of 
Conductors. The request was assigned Docket Number FRA-2016-0019. The 
relief is contingent on NYSW's implementation of and participation in 
the Confidential Close Call Reporting System (C\3\RS) pilot project.
    NYSW seeks to shield reporting employees and the railroad from 
mandatory punitive sanctions that would otherwise arise as provided in 
49 CFR 240.117(e)(1)-(4); 240.305(a)(l)-(4) and (a)(6); 240.307; and 
242.403(b), (c), (e)(l)-(4), (e)(6)-(11), (f)(l)-(2); and 242.407. The 
C\3\RS pilot project encourages certified operating crew members to 
report close calls and protect the employees and the railroad from 
discipline or sanctions arising from the incidents reported per the 
C\3\RS Implementing Memorandum of Understanding (IMOU).
    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.
    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 5, 2016 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.). 
In accordance with 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 www.dot.gov/privacy. 
See also

[[Page 15146]]

http://www.regulations.gov/#!privacyNotice for the privacy notice of 
regulations.gov.

Robert C. Lauby,
Associate Administrator for Railroad Safety, Chief Safety Officer.
[FR Doc. 2016-06214 Filed 3-18-16; 8:45 am]
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