[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.
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    \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 http://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


