83 FR 52611 - Petition for Waiver of Compliance; Docket Number FRA-2018-0072

DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration

Federal Register Volume 83, Issue 201 (October 17, 2018)

[Federal Register Volume 83, Number 201 (Wednesday, October 17, 2018)]
[Notices]
[Page 52611]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-22562]


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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration


Petition for Waiver of Compliance; Docket Number FRA-2018-0072

    Under part 211 of Title 49 Code of Federal Regulations (CFR), this 
provides the public notice that on August 21, 2018, the North County 
Transit District (NCTD), 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-2018-0072.
    The relief is requested as part of NCTD's proposed implementation 
of and participation in FRA's Confidential Close Call Reporting System 
(C\3\RS) pilot project. NCTD 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; 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.
    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 1and 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.
    Communications received by December 3, 2018 will be considered by 
FRA before final action is taken. Comments received after that date 
will be considered as far as 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. 2018-22562 Filed 10-16-18; 8:45 am]
 BILLING CODE 4910-06-P