4910-06-P
DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
[Docket Number FRA-2009-0096]
Petition for Extension of Waiver of Compliance
Under part 211 of title 49 Code of Federal Regulations (CFR), this document
provides the public notice that by letter dated April 10, 2024, New Jersey Transit Rail
Operations (NJT) petitioned the Federal Railroad Administration (FRA) for an extension
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) and part 242 (Qualification and Certification of Conductors). The relevant
Docket Number is FRA-2009-0096.1
Specifically, NJT requests relief required to continue participation in FRA’s C3RS
Program. NJT seeks to continue shielding reporting employees from mandatory punitive
sanctions that would otherwise arise as provided in §§ 240.117(e)(1)–(4); 240.305(a)(1)–
(4) and (a)(6); 240.307; 242.403(b), (c), (e)(1)–(4), (e)(6)–(11), (f)(1)–(2); and 242.407.
The C3RS Program encourages certified operating crew members to report close calls and
protects the employees and the railroad from discipline or sanctions arising from the
incidents reported per the C3RS Implementing Memorandum of Understanding (IMOU).
NJT states that although the Brotherhood of Locomotive Engineers (BLET)2 withdrew its
participation from NJT’s C3RS program on June 3, 2022, BLET now wishes to
reestablish its participation in the program. In support of its request, NJT states that it

Formerly, NJT received relief in separate docket numbers: FRA-2009-0096 (part 240) and FRA-20120056 (part 242). Henceforth, FRA will process NJT’s request for relief from both parts 240 and 242 for the
Confidential Close Call Reporting System (C3RS)in Docket Number FRA-2009-0096.
2 Employees represented by BLET, in addition to those represented by SMART United Transportation
Union and the American Train Dispatchers Association, were included in the implementing Memorandum
of Understanding signed on October 10, 2014.
“has invested and will continue to invest substantial resources in coaching and refresher
training for its employees.”
A copy of the petition, as well as any written communications concerning the
petition, is available for review online at www.regulations.gov.
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 at www.regulations.gov. Follow the online
instructions for submitting comments.
Communications received by [INSERT DATE 60 DAYS AFTER DATE OF
PUBLICATION IN THE FEDERAL REGISTER] will be considered by FRA before
final action is taken. Comments received after that date will be considered if practicable.
Anyone can search the electronic form of any written communications and
comments received into any of the Department of Transportation’s (DOT) 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/privacy-notice for the privacy notice of regulations.gov.

Issued in Washington, DC.

John Karl Alexy,
Associate Administrator for Railroad Safety,
Chief Safety Officer.

[FR Doc. 2024-13862 Filed: 6/24/2024 8:45 am; Publication Date: 6/25/2024]