[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\
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    \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).
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    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: http://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


