Florida East Coast Railway (FECR) submitted a petition for waiver of compliance to the Federal Railroad Administration for provisions of the federal railroad safety regulations. The two parts of the 49 CFR that were the focus of the petition were part 240 – Qualification and Certification of Locomotive Engineers and part 242 – Qualification and Certification of Conductors. FECR is trying to protect reporting employees and the railroad from the mandatory punitive sanctions that would arise as provided in 49 CFR 240.117 and 242.407.
The relief is contingent of FECR’s implementation and participation of the Confidential Close Call Reporting System pilot project. The Confidential Close Call Reporting System will encourage certified operating crew members to report any close call while also protecting employees and the railroad from discipline and sanctions arising from the incidents reported.
At this time the FRA does not plan to hold a public meeting in connection with these proceedings.