4910-06-P
DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
[Docket Number FRA-2010-0152]
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 15, 2024, the National Railroad
Passenger Corporation (Amtrak) 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-2010-0152.1
Specifically, Amtrak requests relief required to continue participation in FRA’s
C3RS Program. Amtrak 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). In support of its request, Amtrak states that “its employees are
currently covered by three separate” MOUs (BLET and SMART-TD, ADTA and TCU,
and Mechanical Crafts) that “cover all Amtrak owned or controlled property and the
entire Northeast Corridor, provided the host railroad(s) is/are [C3RS] participants.”

Formerly, Amtrak received relief in separate docket numbers: FRA-2010-0152 (part 240) and FRA-20120054 (part 242). Henceforth, FRA will process Amtrak’s request for relief from both parts 240 and 242 for
the Confidential Close Call Reporting System (C3RS) in Docket Number FRA-2010-0152.
Additionally, Amtrak states that it “remains confident that … the extension of these
waivers are vital components of railroad safety and a symbol of [Amtrak’s] continuing
support of the [C3RS] program.”
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. 2024-13867 Filed: 6/24/2024 8:45 am; Publication Date: 6/25/2024]