Petition for Waiver of Compliance, 47467-47468 [2020-17028]
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Federal Register / Vol. 85, No. 151 / Wednesday, August 5, 2020 / Notices
DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
[Docket Number FRA–2020–0059]
jbell on DSKJLSW7X2PROD with NOTICES
Petition for Waiver of Compliance
Under part 211 of title 49 Code of
Federal Regulations (CFR), this
document provides the public notice
that on July 10, 2020, 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 parts 213, 214, 217, 218, 220,
228, 232, 236, 240, 242, and 243. FRA
assigned the petition Docket Number
FRA–2020–0059.
AAR, on behalf of itself and its
member railroads, requests to renew
temporary social-distancing related
emergency relief FRA previously
granted by letter dated May 22, 2020, in
its emergency relief docket (Docket
Number FRA–2020–0002). See https://
www.regulations.gov/document?D=FRA2020-0002-0073. FRA renewed this
relief for an additional 60 days on July
20, 2020. See https://
www.regulations.gov/document?D=FRA2020-0002-0093.
AAR also requests that FRA amend
the conditions associated with the relief
previously granted from 49 CFR
240.127(c)(5) in the emergency relief
docket (FRA–2020–0002). As currently
in effect, the relief from section
240.127(c)(5) allows railroads to use
locomotive event recorder downloads to
meet the requirements for periodic
locomotive engineer skills rides to
support the recertification of locomotive
engineers, provided certain conditions
are met. First, the relief is limited to
situations where all other recertification
activities are complete (e.g., vision and
hearing screening). The waiver is also
limited to situations where a locomotive
engineer’s recertification becomes due
during the waiver period. AAR asserts
that these two conditions limit ‘‘the
ability of railroads to use event recorder
data to comply with’’ section
240.127(c)(5). Accordingly, AAR asks
FRA to eliminate these two conditions
in any relief granted.
In support of its petition, AAR
references the recommendations from
the U.S. Centers for Disease Control and
Prevention (CDC) and State and local
governments to practice social
distancing to reduce the spread of
coronavirus disease 2019 (COVID–19).
AAR further states that the granted relief
would help railroads provide their
employees with a safe working
environment, which allows the Nation’s
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16:55 Aug 04, 2020
Jkt 250001
essential railroad network to continue
operations. Additionally, AAR asserts
that the relief has not jeopardized the
safety of railroad operations. AAR
explains it anticipates needing such
relief so long as CDC guidance
recommending social distancing
remains in place.
A copy of the petition, as well as any
written communications concerning the
petition, is available for review online at
www.regulations.gov (Docket Number
FRA–2020–0059).
Interested parties are invited to
participate in these proceedings by
submitting written views, data, or
comments. 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 https://
www.regulations.gov. Follow the online
instructions for submitting comments.
Communications received by
September 4, 2020 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), the U.S. Department of
Transportation (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/
privacyNotice for the privacy notice of
regulations.gov.
Issued in Washington, DC.
John Karl Alexy,
Associate Administrator for Railroad Safety
Chief Safety Officer.
[FR Doc. 2020–17029 Filed 8–4–20; 8:45 am]
BILLING CODE 4910–06–P
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47467
DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
[Docket Number FRA–2020–0060]
Petition for Waiver of Compliance
Under part 211 of title 49 Code of
Federal Regulations (CFR), this
document provides the public notice
that on July 13, 2020, the American
Public Transportation Association
(APTA) petitioned the Federal Railroad
Administration (FRA) for a waiver of
compliance from certain provisions of
the Federal railroad safety regulations
contained at 49 CFR parts 213, 214, 217,
218, 220, 225, 228, 229, 232, 234, 236,
238, 239, 240, 242, and 243. FRA
assigned the petition Docket Number
FRA–2020–0060.
APTA, on behalf of its member
railroads, requests to renew the
emergency relief FRA previously
granted by letter dated May 22, 2020, in
its emergency relief docket (Docket
Number FRA–2020–0002). See https://
www.regulations.gov/document?D=FRA2020-0002-0074. FRA renewed this
relief for an additional 60 days on July
20, 2020. See https://
www.regulations.gov/document?D=FRA2020-0002-0094.
APTA states that the requested
emergency relief allows for
modifications in operations that are
necessary to maintain public and
railroad employee health and safety,
and it enables commuter and passenger
railroads to operate consistently with
recommendations from the Centers for
Disease Control and Prevention
concerning reducing the spread of
coronavirus disease 2019 (COVID–19).
Additionally, APTA states that its
member railroads are currently only
utilizing a small portion of the relief to
prioritize safety, but it expects that the
changing dynamics of COVID–19 may
require use of relief not currently being
applied. Given the uncertain nature of
the COVID–19 public health emergency
and its effect on railroad operations,
APTA requests to renew the relief for
one year.
A copy of the petition, as well as any
written communications concerning the
petition, is available for review online at
www.regulations.gov (Docket Number
FRA–2020–0060).
Interested parties are invited to
participate in these proceedings by
submitting written views, data, or
comments. 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.
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47468
Federal Register / Vol. 85, No. 151 / Wednesday, August 5, 2020 / Notices
All communications concerning these
proceedings should identify the
appropriate docket number and may be
submitted at https://
www.regulations.gov. Follow the online
instructions for submitting comments.
Communications received by
September 4, 2020 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), the U.S.
Department of Transportation (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/
privacyNotice for the privacy notice of
regulations.gov.
Issued in Washington, DC.
John Karl Alexy,
Associate Administrator for Railroad Safety,
Chief Safety Officer.
[FR Doc. 2020–17028 Filed 8–4–20; 8:45 am]
BILLING CODE 4910–06–P
DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
[Docket Number FRA–2016–0018]
jbell on DSKJLSW7X2PROD with NOTICES
Petition for Waiver of Compliance
Under part 211 of title 49 Code of
Federal Regulations (CFR), this
document provides the public notice
that on June 8, 2020, Union Pacific
Railroad Company (UP) 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
232, Brake System Safety Standards for
Freight and Other Non-Passenger Trains
and Equipment; End-Of-Train Devices.
In addition, UP requests an exemption
from the requirements of title 49, United
States Code (U.S.C.), section 20303,
which prohibits the movement of a rail
vehicle with defective or insecure
equipment beyond the nearest available
place at which the repairs can be made.
See 49 U.S.C. 20306. FRA assigned the
petition to existing Docket Number
FRA–2016–0018.
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16:55 Aug 04, 2020
Jkt 250001
Specifically, UP seeks a waiver of
compliance from 49 CFR 232.213,
Extended haul trains; 49 CFR 232.15,
Movement of defective equipment; and
49 CFR 232.103(f), General requirements
for all train brake systems. UP is
requesting a 5-year waiver from these
requirements for intermodal trains (and
other train types as permitted and
authorized by FRA) to demonstrate that
the use of wheel temperature detectors
(WTD) to determine brake effectiveness
improves safety and eliminates
unnecessary costs to the industry.
UP has collected performance data for
approximately two years of the five-year
pilot period granted by FRA in this
docket for unit coal trains between the
Powder River Basin in Wyoming and
White Bluff, Arkansas. UP states that
this pilot waiver has demonstrated
significant positive trends in the
expected areas of observation. See
Petition, Appendix 2, https://
www.regulations.gov/document?D=FRA2016-0018-0015. UP further states that
while the White Bluffs pilot is limited
in scope, expansion of operations with
a similar type of pilot program at this
juncture, given the favorable
observations, would advance operating
safety and improve other fleet
conditions.
UP explains that wayside WTDs offer
an alternative means to verify good
braking performance. WTDs directly
measure the rise in wheel temperature
as a result of a brake application. Such
a measure of performance is objective
and quantifiable, and is independent of
conditions that can impair a visual
inspection; such as weather, lighting
and human fatigue, inexperience, or
error. A monitoring system using WTD
data as an alternative to the
intermediate brake inspections, whether
Class IA or extended haul, while still
retaining all other brake system safety
assurance procedures, is expected to
substantially improve the reliability of
brake inspections, and thus the safety
performance of brake systems.
For the White Bluff pilot test waiver
trains to date, UP reports WTD alerts per
million miles has reduced by 74% from
October 2018 through May 2020,
indicating significant improvement in
the overall condition of train braking
systems. Wayside alerts have driven 1.5
times more ‘‘bad orders’’ for brakes to
the repair track than have non-waivered
cars operating outside of cold wheel
alert allowances. As a result, cold wheel
alerts have driven attention to ‘‘key’’
repairs (which include control valves,
miscellaneous valve subsystems, air
components, brake rigging, and slack
adjusters) to 25% higher than other cars.
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UP also requested an exemption from
49 U.S.C. 20303. FRA may grant an
exemption from the requirements of
§ 20303 only based on (1) evidence
developed at a hearing; or (2) an
agreement between national railroad
labor representatives and the developer
of the equipment or technology at issue.
See 49 U.S.C. 20306. FRA notes that the
public hearing previously held to
address UP’s similar request for
exemption in this docket addresses
substantially the same issues as its
current request. See https://
www.regulations.gov/document?D=FRA2016-0018-0011. In considering UP’s
present request, FRA intends to rely on
the findings of the hearing conducted in
this docket.
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: https://
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.
• Hand Delivery: 1200 New Jersey
Ave. SE, Room W12–140, Washington,
DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal
Holidays.
Communications received by
September 4, 2020 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,
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]]>Agencies
[Federal Register Volume 85, Number 151 (Wednesday, August 5, 2020)]
[Notices]
[Pages 47467-47468]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-17028]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
[Docket Number FRA-2020-0060]
Petition for Waiver of Compliance
Under part 211 of title 49 Code of Federal Regulations (CFR), this
document provides the public notice that on July 13, 2020, the American
Public Transportation Association (APTA) petitioned the Federal
Railroad Administration (FRA) for a waiver of compliance from certain
provisions of the Federal railroad safety regulations contained at 49
CFR parts 213, 214, 217, 218, 220, 225, 228, 229, 232, 234, 236, 238,
239, 240, 242, and 243. FRA assigned the petition Docket Number FRA-
2020-0060.
APTA, on behalf of its member railroads, requests to renew the
emergency relief FRA previously granted by letter dated May 22, 2020,
in its emergency relief docket (Docket Number FRA-2020-0002). See
https://www.regulations.gov/document?D=FRA-2020-0002-0074. FRA renewed
this relief for an additional 60 days on July 20, 2020. See https://www.regulations.gov/document?D=FRA-2020-0002-0094.
APTA states that the requested emergency relief allows for
modifications in operations that are necessary to maintain public and
railroad employee health and safety, and it enables commuter and
passenger railroads to operate consistently with recommendations from
the Centers for Disease Control and Prevention concerning reducing the
spread of coronavirus disease 2019 (COVID-19). Additionally, APTA
states that its member railroads are currently only utilizing a small
portion of the relief to prioritize safety, but it expects that the
changing dynamics of COVID-19 may require use of relief not currently
being applied. Given the uncertain nature of the COVID-19 public health
emergency and its effect on railroad operations, APTA requests to renew
the relief for one year.
A copy of the petition, as well as any written communications
concerning the petition, is available for review online at
www.regulations.gov (Docket Number FRA-2020-0060).
Interested parties are invited to participate in these proceedings
by submitting written views, data, or comments. 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.
[[Page 47468]]
All communications concerning these proceedings should identify the
appropriate docket number and may be submitted at https://www.regulations.gov. Follow the online instructions for submitting
comments.
Communications received by September 4, 2020 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), the U.S. Department of Transportation (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/privacyNotice for the privacy notice of
regulations.gov.
Issued in Washington, DC.
John Karl Alexy,
Associate Administrator for Railroad Safety, Chief Safety Officer.
[FR Doc. 2020-17028 Filed 8-4-20; 8:45 am]
BILLING CODE 4910-06-P
