2024-22737. Petition for Waiver of Compliance

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Department of Transportation

Federal Railroad Administration

1. [Docket Number FRA-2024-0089]

Under part 211 of title 49 Code of Federal Regulations (CFR), this document provides the public notice that on August 5, 2024, the Association of American Railroads (AAR) 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 245 (Qualification and Certification of Dispatchers). FRA assigned the petition Docket Number FRA-2024-0089.

Specifically, AAR, on behalf of its members, requests relief required to participate in FRA's Confidential Close Call Reporting System (C³ RS) Program. AAR seeks to shield its member railroads' reporting employees from mandatory punitive sanctions that would otherwise arise as provided in §§ 245.303(a), (b), (c), (d), (e)(1)-(6), (g), (h), and 245.307. The C³ RS Program would encourage certified dispatchers to report close calls and protect the employees and the member railroads from discipline or sanctions arising from the incidents reported per the C³ 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.

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 December 2, 2024 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 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/​privacy-notice for the privacy notice of regulations.gov.

Issued in Washington, DC.

Carolyn Hayward-Williams,

Director, Office of Railroad Systems and Technology.