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###### Department of Transportation

###### Federal Railroad Administration

          - [Docket Number FRA-2021-0079]

Under part 211 of title 49 Code of Federal Regulations (CFR), this document provides the public notice that on July 14, 2021, St. Mary's Railway West LLC. (SMW), 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-2021-0079.

                    Specifically, SMW requests relief as part of its proposed implementation of and participation in FRA's Confidential Close Call Reporting System (C3                    RS) Program. SMW 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 C3                    RS Program 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 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 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 (DOT), 1200 New Jersey Ave. SE, W12-140, Washington, DC 20590.                

Communications received by September 27, 2021 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.

John Karl Alexy,

Associate Administrator for Railroad Safety, Chief Safety Officer.

[FR Doc. 2021-17119 Filed 8-10-21; 8:45 am]

BILLING CODE 4910-06-P