83 FR 43730 - Petition for Waiver of Compliance

DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration

Federal Register Volume 83, Issue 166 (August 27, 2018)

[Federal Register Volume 83, Number 166 (Monday, August 27, 2018)]
[Notices]
[Pages 43730-43731]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-18499]


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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket Number FRA-2018-0066]


Petition for Waiver of Compliance

    Under part 211 of Title 49 Code of Federal Regulations (CFR), this 
document provides the public notice that by a letter dated April 11, 
2018, BNSF Railway (BNSF) 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 
227. FRA assigned the petition Docket Number FRA-2018-0066.
    In its petition, BNSF asked FRA to waive compliance with 49 CFR 
227.109 to allow employees certified under 49 CFR part 240 and/or part 
242 to exceed 1,095 days between audiometric tests if they meet the 
hearing acuity timelines of 49 CFR 240.217 and/or 242.201. 
Specifically, BNSF asked FRA to allow employees subject to part 240 
and/or part 242 audiometric testing requirements to go up to 1,460 days 
between audiometric tests to alleviate the confusion of having multiple 
hearing test requirements for part 240 and 242 certified employees 
(testing requirements under parts 240 and/or 242 as well as under part 
227).
    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

[[Page 43731]]

(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 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 by any of the following 
methods:
     Website: 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.
    FRA reserves the right to issue relief in this docket pending 
consideration of any comments received in response to this notice. 
Comments received after September 26, 2018 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/privacyNotice for the 
privacy notice of regulations.gov.

    Issued in Washington, DC.
Robert C. Lauby,
Associate Administrator for Railroad Safety, Chief Safety Officer.
[FR Doc. 2018-18499 Filed 8-24-18; 8:45 am]
 BILLING CODE 4910-06-P