[Federal Register Volume 85, Number 151 (Wednesday, August 5, 2020)]
[Notices]
[Page 47467]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-17029]
[[Page 47467]]
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DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
[Docket Number FRA-2020-0059]
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=FRA-2020-0002-0073. FRA renewed this
relief for an additional 60 days on July 20, 2020. See https://www.regulations.gov/document?D=FRA-2020-0002-0093.
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 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 http://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]
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