Notice2021-18241
Petition for Waiver of Compliance
Primary source
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Published
August 25, 2021
Issuing agencies
Transportation DepartmentFederal Railroad Administration
Full Text
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<title>Federal Register, Volume 86 Issue 162 (Wednesday, August 25, 2021)</title>
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[Federal Register Volume 86, Number 162 (Wednesday, August 25, 2021)]
[Notices]
[Page 47536]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-18241]
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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 August 11, 2021, the
Association of American Railroads (AAR) petitioned the Federal Railroad
Administration (FRA) for an extension of an existing 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. The relevant Docket Number is FRA-2020-
0059.
AAR, on behalf of itself and its member railroads, requests to
extend certain temporary, conditional relief FRA previously granted by
letter dated September 18, 2020, related to the coronavirus disease
2019 (COVID-19) public health emergency. See <a href="https://www.regulations.gov/document/FRA-2020-0059-0004">https://www.regulations.gov/document/FRA-2020-0059-0004</a>.
In support of its petition, AAR notes that the FRA Administrator's
March 13, 2020, Declaration of Emergency Situation related to COVID-19
remains in effect. AAR also references statements from the U.S. Centers
for Disease Control and Prevention (CDC) related to the B.1.617.2
(``Delta'') variant of COVID-19. Specifically, AAR notes that the CDC
has reported data showing increased COVID-19 positive tests and
hospitalizations. AAR further notes that some railroads have recently
begun reporting an increase in the number of positive COVID-19 employee
tests and asserts that ``the continuation of certain waivers is
essential to the Railroads' ability to continue to protect their
workforce and their critical mission.''
AAR requests that FRA extend the existing relief previously granted
in FRA's September 18, 2020, letter with the exception of the relief
related to the operational testing requirements of 49 CFR 217.9 and
related sections.
AAR requests that FRA extend the existing relief for another 12
months, or three months after the FRA Administrator's rescission of the
existing COVID-19 Emergency Declaration, whichever is sooner.
A copy of the petition, as well as any written communications
concerning the petition, is available for review online at
<a href="http://www.regulations.gov">www.regulations.gov</a> (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 <a href="http://www.regulations.gov">http://www.regulations.gov</a>. Follow the online instructions for submitting
comments.
Communications received by September 9, 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
<a href="http://www.regulations.gov">www.regulations.gov</a>, as described in the system of records notice (DOT/
ALL-14 FDMS), which can be reviewed at <a href="https://www.transportation.gov/privacy">https://www.transportation.gov/privacy</a>. See also <a href="https://www.regulations.gov/privacy-notice">https://www.regulations.gov/privacy-notice</a> for the
privacy notice of <a href="http://regulations.gov">regulations.gov</a>.
Issued in Washington, DC.
John Karl Alexy,
Associate Administrator for Railroad Safety, Chief Safety Officer.
[FR Doc. 2021-18241 Filed 8-24-21; 8:45 am]
BILLING CODE 4910-06-P
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