[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]
BILLING CODE 4910-06-P


