Notice2021-18243
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 47535]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-18243]
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DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
[Docket Number FRA-2021-0076]
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 8, 2021, the Long
Island Rail Road Company (LIRR) 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
239 (Passenger Train Emergency Preparedness); 240 (Qualification and
Certification of Locomotive Engineers); and 242 (Qualification and
Certification of Conductors). FRA assigned the petition Docket Number
FRA-2021-0076.
LIRR requests an extension of the relief that was granted to the
American Public Transportation Association (APTA), on behalf of its
member railroads, by letter dated September 18, 2020, from certain
regulations pertaining to training.\1\ Specifically, LIRR refers to
pages 10-11 of the FRA decision letter in Docket Number FRA-2020-0060,
regarding relief from recurrent/refresher training requirements for
parts 239, 240, and 242.
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\1\ See <a href="https://www.regulations.gov/document/FRA-2020-0060-0005">https://www.regulations.gov/document/FRA-2020-0060-0005</a>.
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LIRR requests relief for approximately 30 ``higher level
Transportation Department employees.'' LIRR states that it has had to
limit classroom capacity for its training sessions because of the
coronavirus disease 2019 (COVID-19) pandemic and states that it has a
training backlog. Although LIRR expects to eliminate this backlog for
some groups of employees by September 18, 2021, when the APTA relief
expires, LIRR asserts that it does not have the necessary classroom or
instructor availability to catch up on training its Transportation
Department higher-level employees by that date. Instead, LIRR seeks an
extension to permit recurrent/refresher training of such employees to
occur by December 31, 2021.
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>.
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 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. 2021-18243 Filed 8-24-21; 8:45 am]
BILLING CODE 4910-06-P
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