Petition for Waiver of Compliance, 82027-82028 [2020-27735]

Download as PDF Federal Register / Vol. 85, No. 243 / Thursday, December 17, 2020 / Notices SURFACE TRANSPORTATION BOARD [Docket No. AB 1300X] Cattaraugus Local Development Corp.—Abandonment Exemption—in Cattaraugus County, N.Y. Cattaraugus Local Development Corp. (CLDC) has filed with the Surface Transportation Board (Board) a petition under 49 CFR 10502 for exemption from the prior approval requirements of 49 U.S.C. 10903 to abandon 1 approximately 12.14 miles of rail line extending from milepost 426.5, in the Town of New Albion, to the city line of the City of Salamanca in the Town of Salamanca, which is near milepost 414.1,2 in Cattaraugus County, N.Y. (the Line).3 CLDC states that, based on information in its possession, the Line does not contain federally granted rights-of-way. Any documentation in CLDC’s possession will be made available promptly to those requesting it. The interest of railroad employees will be protected by the conditions set forth in Oregon Short Line Railroad— Abandonment Portion Goshen Branch Between Firth & Ammon, in Bingham & Bonneville Counties, Idaho, 360 I.C.C. 91 (1979). By issuing this notice, the Board is instituting an exemption proceeding pursuant to 49 U.S.C. 10502(b). A final 1 CLDC originally submitted a petition for declaratory order on March 4, 2020, requesting that the Board declare that the Line has been abandoned pursuant to 49 U.S.C. 10502, or, in the alternative, that CLDC may satisfy the requirements for an exempt abandonment pursuant to 49 U.S.C. 10502. By decision served on August 5, 2020, the Board docketed CLDC’s petition under Docket No. AB 1300X for consideration under the Board’s abandonment exemption procedures. Cattaraugus Local Dev. Corp.—Pet. for Declaratory Order, FD 36389, et al. (STB served Aug. 5, 2020). However, because CLDC had not obtained Board authority when it acquired the Line in 2000, the abandonment proceeding was held in abeyance to permit CLDC to seek authority after-the-fact for the acquisition. Id. at 3. CLDC did so, and the acquisition exemption became effective on October 8, 2020. See Cattaraugus Local Dev. Corp.—Acquis. Exemption—Rail Line in Cattaraugus Cnty., N.Y., FD 36435 (STB served Sept. 24, 2020). In this abandonment docket, CLDC filed its environmental and historic report in on November 16, 2020, and a supplemental certificate of service on November 27, 2020. By publication of this notice, the abandonment proceeding is removed from abeyance, and the petition for exemption is deemed to have been filed on November 27, 2020. 2 In the acquisition docket, CLDC noted that milepost 414.1 is the closest mile marker to the southern boundary of the Line but ‘‘the actual [m]ilepost, if it existed,’’ would be milepost 414.36. CLDC Suppl., Sept. 8, 2020, Cattaraugus Local Dev. Corp.—Acquis. Exemption—Rail Line in Cattaraugus Cnty., N.Y., FD 36435. 3 CLDC states that the Line has not been operational since at least 2000. (CLDC Pet. 5–6.) VerDate Sep<11>2014 18:52 Dec 16, 2020 Jkt 253001 decision will be issued by March 17, 2021. Any offer of financial assistance (OFA) under 49 CFR 1152.27(b)(2) will be due no later than 120 days after the filing of the petition for exemption, or 10 days after service of a decision granting the petition for exemption, whichever occurs sooner. Persons interested in submitting an OFA must first file a formal expression of intent to file an offer by December 28, 2020, indicating the type of financial assistance they wish to provide (i.e., subsidy or purchase) and demonstrating that they are preliminarily financially responsible. See 49 CFR 1152.27(c)(1)(i). Following abandonment, the Line may be suitable for other public use, including interim trail use. Any request for a public use condition under 49 CFR 1152.28 or for interim trail use/rail banking under 49 CFR 1152.29 will be due no later than January 6, 2021.4 All pleadings, referring to Docket No. AB 1300X, should be filed with the Surface Transportation Board via efiling on the Board’s website. In addition, a copy of each pleading must be served on CLDC’s representative, Robert J. McLaughlin, McLaughlin Law, P.C., 90 State Street, Suite 700, Albany, NY 12207. Replies to the petition are due on or before January 6, 2021. Persons seeking further information concerning abandonment procedures may contact the Board’s Office of Public Assistance, Governmental Affairs, and Compliance at (202) 245–0238 or refer to the full abandonment regulations at 49 CFR part 1152. Questions concerning environmental issues may be directed to the Board’s Office of Environmental Analysis (OEA) at (202) 245–0305. Assistance for the hearing impaired is available through the Federal Relay Service at (800) 877–8339. An environmental assessment (EA) (or environmental impact statement (EIS), if necessary) prepared by OEA will be served upon all parties of record and upon any other agencies or persons who comment during its preparation. Other interested persons may contact OEA to obtain a copy of the EA (or EIS). EAs in abandonment proceedings normally will be made available within 60 days of the filing of the petition. The deadline for submission of comments on the EA generally will be within 30 days of its service. Board decisions and notices are available at www.stb.gov. Decided: December 11, 2020. 4 Filing fees for OFAs and trail use requests can be found at 49 CFR 1002.2(f)(25) and (27), respectively. PO 00000 Frm 00159 Fmt 4703 Sfmt 4703 82027 By the Board, Allison C. Davis, Director, Office of Proceedings. Jeffrey Herzig, Clearance Clerk. [FR Doc. 2020–27718 Filed 12–16–20; 8:45 am] BILLING CODE 4915–01–P DEPARTMENT OF TRANSPORTATION Federal Railroad Administration [Docket Number FRA–2020–0093] Petition for Waiver of Compliance Under part 211 of title 49 Code of Federal Regulations (CFR), this document provides the public notice that on December 2, 2020, the Brotherhood of Locomotive Engineers and Trainmen (BLET) and the Transportation Division of the International Association of Sheet Metal, Air, Rail, and Transportation Workers (SMART TD) 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 240 and 242. FRA assigned the petition Docket Number FRA–2020–0093. Paragraphs (c) and (d) of § 240.403 require petitions seeking review of a railroad’s decision to deny or revoke a locomotive engineer’s certification or recertification to be filed with FRA no more than 180 or 120 days, respectively, after the date of a railroad’s decision. Paragraph (c) of § 242.503 requires petitions seeking review of a railroad’s decision to revoke a conductor’s certification to be filed with FRA no more than 120 days after a railroad’s decision. Due to the coronavirus disease 2019 (COVID–19) public health emergency, FRA granted relief by letter dated April 7, 2020, and renewed that relief on June 3, 2020, July 30, 2020, and September 24, 2020. BLET and SMART TD once again request to renew this emergency relief. In light of the continued renewal requests, FRA now considers whether longer-term relief is necessary. In support of their initial March 30, 2020, request for relief, petitioners noted FRA’s March 25, 2020, waiver from certain requirements of 49 CFR parts 240 and 242 related to deadlines for responding to petitions submitted to FRA’s Operating Crew Review Board granted to the Association of American Railroads, the American Short Line and Regional Railroad Association, and the American Public Transportation Association (together referred to as the E:\FR\FM\17DEN1.SGM 17DEN1 82028 Federal Register / Vol. 85, No. 243 / Thursday, December 17, 2020 / Notices Associations).1 BLET and SMART TD asserted that, as a result of the COVID– 19 public health emergency, they and their members face ‘‘even greater difficulty in timely filing petitions for review’’ than the Associations and their members will have in responding to those petitions. In requesting a fourth renewal, the petitioners explain they ‘‘continue to experience uncertainty of staff availability during [the] COVID–19 emergency’’ and the resulting negative impact on their ability to gather additional relevant information and to draft proper petitions within the normal required time frames. FRA opened this docket to evaluate whether the requested emergency relief is necessary on a more long-term basis, similar to the Associations’ requests. 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–2020–0093). 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 January 19, 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), 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 1 On September 18, 2020, FRA renewed each Association’s request for relief in separate, nonemergency dockets. See https:// www.regulations.gov/document?D=FRA-2020-00590004; https://www.regulations.gov/ document?D=FRA-2020-0060-0005; and https:// www.regulations.gov/document?D=FRA-2020-00630003. VerDate Sep<11>2014 18:52 Dec 16, 2020 Jkt 253001 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. 2020–27735 Filed 12–16–20; 8:45 am] BILLING CODE 4910–06–P DEPARTMENT OF TRANSPORTATION [Docket No. PHMSA–2019–0172] Pipeline Safety: Information Collection Activities Pipeline and Hazardous Materials Safety Administration (PHMSA), DOT. ACTION: Notice and request for comments. AGENCY: In accordance with the Paperwork Reduction Act of 1995, PHMSA invites comments on proposed revisions to Form PHMSA F 7100.2–1, ‘‘Annual Report for Natural and Other Gas Transmission and Gathering Pipeline Systems,’’ and Form PHMSA F 7100.4–1, ‘‘Underground Natural Gas Storage Facility Annual Report,’’ both under Office of Management and Budget (OMB) Control No. 2137–0522; and Form PHMSA F 7100.2, ‘‘Incident Report—Gas Transmission and Gathering Systems,’’ under OMB Control No. 2137–0635. DATES: Interested persons are invited to submit comments on or before February 16, 2021. ADDRESSES: Comments may be submitted in the following ways: E-Gov Website: https:// www.regulations.gov. This site allows the public to enter comments on any Federal Register notice issued by any agency. Fax: 1–202–493–2251. Mail: Docket Management Facility; U.S. Department of Transportation (DOT), 1200 New Jersey Avenue SE, West Building, Room W12–140, Washington, DC 20590–0001. Hand Delivery: Room W12–140 on the ground level of DOT, West Building, 1200 New Jersey Avenue SE, Washington, DC, between 9:00 a.m. and 5:00 p.m., Monday through Friday, except Federal holidays. Instructions: Identify the docket number, PHMSA–2019–0172 at the beginning of your comments. Note that all comments received will be posted without change to https:// www.regulations.gov, including any personal information provided. You SUMMARY: PO 00000 Frm 00160 Fmt 4703 Sfmt 4703 should know that anyone is able to search the electronic form of all comments received into any of our dockets by the name of the individual submitting the comment (or signing the comment, if submitted on behalf of an association, business, labor union, etc.). Therefore, you may want to review DOT’s complete Privacy Act Statement in the Federal Register published on April 11, 2000, (65 FR 19477) or visit https://www.regulations.gov before submitting any such comments. Docket: For access to the docket or to read background documents or comments, go to https:// www.regulations.gov at any time or to Room W12–140 on the ground level of DOT, West Building, 1200 New Jersey Avenue SE, Washington, DC, between 9:00 a.m. and 5:00 p.m., Monday through Friday, except Federal holidays. If you wish to receive confirmation of receipt of your written comments, please include a self-addressed, stamped postcard with the following statement: ‘‘Comments on: PHMSA– 2019–0172.’’ The Docket Clerk will date stamp the postcard prior to returning it to you via the U.S. mail. Please note that due to delays in the delivery of U.S. mail to Federal offices in Washington, DC, we recommend that persons consider an alternative method (internet, fax, or professional delivery service) of submitting comments to the docket and ensuring their timely receipt at DOT. Privacy Act Statement: DOT may solicit comments from the public regarding certain general notices. 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– 4 FDMS), which can be reviewed at www.dot.gov/privacy. Confidential Business Information: Confidential Business Information (CBI) is commercial or financial information that is both customarily and actually treated as private by its owner. Under the Freedom of Information Act (FOIA) (5 U.S.C. 552), CBI is exempt from public disclosure. If your comments responsive to this notice contain commercial or financial information that is customarily treated as private, that you actually treat as private, and that is relevant or responsive to this notice, it is important that you clearly designate the submitted comments as CBI. Pursuant to 49 CFR 190.343, you may ask PHMSA to give confidential treatment to information you give to the Agency by taking the following steps: (1) Mark each page of the original document submission containing CBI as E:\FR\FM\17DEN1.SGM 17DEN1

Agencies

[Federal Register Volume 85, Number 243 (Thursday, December 17, 2020)]
[Notices]
[Pages 82027-82028]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-27735]


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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket Number FRA-2020-0093]


Petition for Waiver of Compliance

    Under part 211 of title 49 Code of Federal Regulations (CFR), this 
document provides the public notice that on December 2, 2020, the 
Brotherhood of Locomotive Engineers and Trainmen (BLET) and the 
Transportation Division of the International Association of Sheet 
Metal, Air, Rail, and Transportation Workers (SMART TD) 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 240 and 242. FRA assigned the petition Docket Number 
FRA-2020-0093.
    Paragraphs (c) and (d) of Sec.  240.403 require petitions seeking 
review of a railroad's decision to deny or revoke a locomotive 
engineer's certification or recertification to be filed with FRA no 
more than 180 or 120 days, respectively, after the date of a railroad's 
decision. Paragraph (c) of Sec.  242.503 requires petitions seeking 
review of a railroad's decision to revoke a conductor's certification 
to be filed with FRA no more than 120 days after a railroad's decision. 
Due to the coronavirus disease 2019 (COVID-19) public health emergency, 
FRA granted relief by letter dated April 7, 2020, and renewed that 
relief on June 3, 2020, July 30, 2020, and September 24, 2020. BLET and 
SMART TD once again request to renew this emergency relief. In light of 
the continued renewal requests, FRA now considers whether longer-term 
relief is necessary.
    In support of their initial March 30, 2020, request for relief, 
petitioners noted FRA's March 25, 2020, waiver from certain 
requirements of 49 CFR parts 240 and 242 related to deadlines for 
responding to petitions submitted to FRA's Operating Crew Review Board 
granted to the Association of American Railroads, the American Short 
Line and Regional Railroad Association, and the American Public 
Transportation Association (together referred to as the

[[Page 82028]]

Associations).\1\ BLET and SMART TD asserted that, as a result of the 
COVID-19 public health emergency, they and their members face ``even 
greater difficulty in timely filing petitions for review'' than the 
Associations and their members will have in responding to those 
petitions. In requesting a fourth renewal, the petitioners explain they 
``continue to experience uncertainty of staff availability during [the] 
COVID-19 emergency'' and the resulting negative impact on their ability 
to gather additional relevant information and to draft proper petitions 
within the normal required time frames. FRA opened this docket to 
evaluate whether the requested emergency relief is necessary on a more 
long-term basis, similar to the Associations' requests.
---------------------------------------------------------------------------

    \1\ On September 18, 2020, FRA renewed each Association's 
request for relief in separate, non-emergency dockets. See https://www.regulations.gov/document?D=FRA-2020-0059-0004; https://www.regulations.gov/document?D=FRA-2020-0060-0005; and https://www.regulations.gov/document?D=FRA-2020-0063-0003.
_____________________________________-

    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-2020-0093).
    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 January 19, 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), 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. 2020-27735 Filed 12-16-20; 8:45 am]
BILLING CODE 4910-06-P
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