Petition for Extension of Waiver of Compliance

Notice of Petition for Extension of Waiver of Compliance

DATES:

FRA must receive comments on the petition by February 23, 2026. FRA will consider comments received after that date to the extent practicable.

SUPPLEMENTARY INFORMATION:

Under part 211 of title 49 Code of Federal Regulations (CFR), this document provides the public notice that by letter dated October 7, 2025, MBTA petitioned 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). FRA assigned the petition Docket Number FRA-2014-0127.

Specifically, MBTA requests an extension of the relief required to continue its participation in FRA's C ³ RS Program. MBTA 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 C ³ RS 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 C ³ RS Implementing Memorandum of Understanding (IMOU). The IMOU includes MBTA's operating partner, Keolis Commuter Services, and several participating labor unions.

In support of its request, MBTA states that the C ³ RS program has resulted in safety improvements, including additional signage to "address recurring equipment-based restrictions," a sleep apnea program, and, in compliance with 49 CFR part 270, a "comprehensive risk assessment methodology.".

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 party desires 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.

Communications received by February 23, 2026 will be considered by FRA before final action is taken. Comments received after that date will be considered if practicable.

Privacy Act

Anyone can search the electronic form of any written communications and comments received into any of FRA's 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 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.