Petition for Waiver of Compliance and Extension of Comment Period, 30516 [2021-11962]
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Federal Register / Vol. 86, No. 108 / Tuesday, June 8, 2021 / Notices
DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
[Docket Number FRA–2021–0031]
Petition for Waiver of Compliance and
Extension of Comment Period
jbell on DSKJLSW7X2PROD with NOTICES
On April 22, 2021, the Federal
Railroad Administration (FRA)
published notice of its receipt of a
petition dated March 9, 2021, from
Union Pacific Railroad Company (UP)
requesting a waiver of compliance from
certain provisions of the Federal
railroad safety regulations contained at
49 CFR parts 215 (Railroad Freight Car
Safety Standards) and 232 (Brake
System Safety Standards for Freight and
Other Non-Passenger Trains and
Equipment; End-Of-Train Devices). FRA
assigned the petition Docket Number
FRA–2021–0031.1
As noted in FRA’s April 22, 2021,
notice, UP requested relief from 49 CFR
215.13, Pre-departure inspection, which
requires an inspection when combining
two separate consists including one or
more cars and one or more locomotives
that have been properly inspected and
tested in compliance with all applicable
regulations (i.e., both consists have had
a Class I brake test (§ 232.205), Class IA
brake test (§ 232.207), or have been
designated as extended haul trains and
are compliant with all requirements of
§ 232.213). UP states that the requested
relief will allow combining two existing
and operating trains without additional
inspections, besides a Class III brake
test. It further states that the relief will
allow subsequent separation of two
trains without additional inspections,
besides a Class III brake test, provided
that a record of the original consist
remains intact. Although not explicitly
referenced in FRA’s April 22, 2021,
notice, FRA notes that to accomplish the
combining and subsequent separation of
two existing and operating trains
without additional inspections (besides
a Class III brake test), UP also requests
1 FRA notes that UP submitted 3 separate
petitions to the docket of this proceeding. The first
petition was dated February 24, 2021 (available at
https://www.regulations.gov/document/FRA-20210031-0001). UP submitted a revised petition dated
March 9, 2021 (available at https://
www.regulations.gov/document/FRA-2021-00310002). Finally, UP submitted a third petition (also
dated March 9, 2021) (available at https://
www.regulations.gov/document/FRA-2021-00310004). UP’s third petition corrected minor errors in
its earlier petitions as UP explained in separate
correspondence. That correspondence is Document
No. FRA–2021–0031–0005 in the docket to this
proceeding (available at https://
www.regulations.gov/document/FRA-2021-00310005). FRA is considering and will respond to UP’s
third petition (Document No. FRA–2021–0031–
0004).
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16:36 Jun 07, 2021
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relief from the requirements of 49 CFR
215.13(b) (pre-departure inspection) and
§ 232.205 (class I brake test-initial
terminal inspection) on the combined
and subsequently separated trains.
FRA’s April 22, 2021, notice provided
a 45-day public comment period
(ending June 7, 2021) on UP’s request
for relief. Subsequent to publication of
that notice, in a letter dated May 21,
2021, the Transportation Trades
Department, AFL–CIO (TTD) requested
that FRA extend the comment period
pending FRA’s clarification of certain
questions related to UP’s request for
relief. Specifically, TTD asked if UP’s
request affects end-of-train (EOT) device
inspections and inspections related to
positive train control. TTD asked if
‘‘there are any other pre-departure
inspections/duties performed on a
locomotive that will be included in this
waiver, including 236.587 departure
tests.’’ In response to TTD’s request for
clarification, FRA notes that UP’s
request for relief is limited to two FRA
regulatory requirements—the inspection
and test requirements of 49 CFR 215.13
(pre-departure freight car inspection)
and § 232.205 (Class I brake test-initial
terminal inspection) for trains that have
been combined and then subsequently
separated as outlined in UP’s petition.
UP has not requested relief from, and
FRA is not considering granting relief
from, any other regulatory requirements
other than §§ 215.13 and 232.205 under
the specific circumstances outlined in
UP’s March 9, 2021, petition.
A copy of UP’s petition, as well as all
written communications concerning the
petition, is available for review online at
www.regulations.gov.
In response to TTD’s request, FRA is
extending the comment period in this
waiver proceeding for an additional 30
days.
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.
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.
PO 00000
Frm 00116
Fmt 4703
Sfmt 4703
• Mail: Docket Operations Facility,
U.S. Department of Transportation
(DOT), 1200 New Jersey Ave. SE, W12–
140, Washington, DC 20590.
Communications received by July 7,
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. 2021–11962 Filed 6–7–21; 8:45 am]
BILLING CODE 4910–06–P
DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
[Docket Number FRA–2010–0011]
Petition for Extension of Waiver of
Compliance
Under part 211 of title 49 Code of
Federal Regulations (CFR), this
document provides the public notice
that on May 17, 2021, Norfolk Southern
Corporation (NS) petitioned the Federal
Railroad Administration (FRA) for an
extension of a waiver of compliance
from certain provisions of the Federal
railroad safety regulations contained at
49 CFR part 236, Rules, Standards, and
Instructions Governing the Installation,
Inspection, Maintenance, and Repair of
Signal and Train Control Systems,
Devices, and Appliances. The relevant
Docket Number is FRA–2010–0011.
Specifically, NS requests continued
relief from 49 CFR 236.377, Approach
locking; 236.378, Time locking; 236.379,
Route locking; 236.380, Indication
locking; and 236.381, Traffic locking.
The relief would continue the extension
of periodic testing schedules from at
least once every two years to at least
E:\FR\FM\08JNN1.SGM
08JNN1
]]>Agencies
[Federal Register Volume 86, Number 108 (Tuesday, June 8, 2021)]
[Notices]
[Page 30516]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-11962]
[[Page 30516]]
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DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
[Docket Number FRA-2021-0031]
Petition for Waiver of Compliance and Extension of Comment Period
On April 22, 2021, the Federal Railroad Administration (FRA)
published notice of its receipt of a petition dated March 9, 2021, from
Union Pacific Railroad Company (UP) requesting a waiver of compliance
from certain provisions of the Federal railroad safety regulations
contained at 49 CFR parts 215 (Railroad Freight Car Safety Standards)
and 232 (Brake System Safety Standards for Freight and Other Non-
Passenger Trains and Equipment; End-Of-Train Devices). FRA assigned the
petition Docket Number FRA-2021-0031.\1\
---------------------------------------------------------------------------
\1\ FRA notes that UP submitted 3 separate petitions to the
docket of this proceeding. The first petition was dated February 24,
2021 (available at https://www.regulations.gov/document/FRA-2021-0031-0001). UP submitted a revised petition dated March 9, 2021
(available at https://www.regulations.gov/document/FRA-2021-0031-0002). Finally, UP submitted a third petition (also dated March 9,
2021) (available at https://www.regulations.gov/document/FRA-2021-0031-0004). UP's third petition corrected minor errors in its
earlier petitions as UP explained in separate correspondence. That
correspondence is Document No. FRA-2021-0031-0005 in the docket to
this proceeding (available at https://www.regulations.gov/document/FRA-2021-0031-0005). FRA is considering and will respond to UP's
third petition (Document No. FRA-2021-0031-0004).
---------------------------------------------------------------------------
As noted in FRA's April 22, 2021, notice, UP requested relief from
49 CFR 215.13, Pre-departure inspection, which requires an inspection
when combining two separate consists including one or more cars and one
or more locomotives that have been properly inspected and tested in
compliance with all applicable regulations (i.e., both consists have
had a Class I brake test (Sec. 232.205), Class IA brake test (Sec.
232.207), or have been designated as extended haul trains and are
compliant with all requirements of Sec. 232.213). UP states that the
requested relief will allow combining two existing and operating trains
without additional inspections, besides a Class III brake test. It
further states that the relief will allow subsequent separation of two
trains without additional inspections, besides a Class III brake test,
provided that a record of the original consist remains intact. Although
not explicitly referenced in FRA's April 22, 2021, notice, FRA notes
that to accomplish the combining and subsequent separation of two
existing and operating trains without additional inspections (besides a
Class III brake test), UP also requests relief from the requirements of
49 CFR 215.13(b) (pre-departure inspection) and Sec. 232.205 (class I
brake test-initial terminal inspection) on the combined and
subsequently separated trains.
FRA's April 22, 2021, notice provided a 45-day public comment
period (ending June 7, 2021) on UP's request for relief. Subsequent to
publication of that notice, in a letter dated May 21, 2021, the
Transportation Trades Department, AFL-CIO (TTD) requested that FRA
extend the comment period pending FRA's clarification of certain
questions related to UP's request for relief. Specifically, TTD asked
if UP's request affects end-of-train (EOT) device inspections and
inspections related to positive train control. TTD asked if ``there are
any other pre-departure inspections/duties performed on a locomotive
that will be included in this waiver, including 236.587 departure
tests.'' In response to TTD's request for clarification, FRA notes that
UP's request for relief is limited to two FRA regulatory requirements--
the inspection and test requirements of 49 CFR 215.13 (pre-departure
freight car inspection) and Sec. 232.205 (Class I brake test-initial
terminal inspection) for trains that have been combined and then
subsequently separated as outlined in UP's petition. UP has not
requested relief from, and FRA is not considering granting relief from,
any other regulatory requirements other than Sec. Sec. 215.13 and
232.205 under the specific circumstances outlined in UP's March 9,
2021, petition.
A copy of UP's petition, as well as all written communications
concerning the petition, is available for review online at
www.regulations.gov.
In response to TTD's request, FRA is extending the comment period
in this waiver proceeding for an additional 30 days.
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.
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.
Communications received by July 7, 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. 2021-11962 Filed 6-7-21; 8:45 am]
BILLING CODE 4910-06-P
