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Federal Register / Vol. 86, No. 108 / Tuesday, June 8, 2021 / Notices
DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration Docket Number FRA20210031

Petition for Waiver of Compliance and Extension of Comment Period
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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 FRA20210031.1
As noted in FRAs 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 232.205, Class IA
brake test 232.207, or have been designated as extended haul trains and are compliant with all requirements of 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 FRAs 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 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-20210031-0001. UP submitted a revised petition dated March 9, 2021 available at https
www.regulations.gov/document/FRA-2021-00310002. Finally, UP submitted a third petition also dated March 9, 2021 available at https
www.regulations.gov/document/FRA-2021-00310004. UPs third petition corrected minor errors in its earlier petitions as UP explained in separate correspondence. That correspondence is Document No. FRA202100310005 in the docket to this proceeding available at https
www.regulations.gov/document/FRA-2021-00310005. FRA is considering and will respond to UPs third petition Document No. FRA20210031
0004.

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relief from the requirements of 49 CFR
215.13b pre-departure inspection and 232.205 class I brake test-initial terminal inspection on the combined and subsequently separated trains.
FRAs April 22, 2021, notice provided a 45-day public comment period ending June 7, 2021 on UPs request for relief. Subsequent to publication of that notice, in a letter dated May 21, 2021, the Transportation Trades Department, AFLCIO TTD requested that FRA extend the comment period pending FRAs clarification of certain questions related to UPs request for relief. Specifically, TTD asked if UPs 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 TTDs request for clarification, FRA notes that UPs request for relief is limited to two FRA
regulatory requirementsthe inspection and test requirements of 49 CFR 215.13
pre-departure freight car inspection and 232.205 Class I brake test-initial terminal inspection for trains that have been combined and then subsequently separated as outlined in UPs petition.
UP has not requested relief from, and FRA is not considering granting relief from, any other regulatory requirements other than 215.13 and 232.205 under the specific circumstances outlined in UPs March 9, 2021, petition.
A copy of UPs petition, as well as all written communications concerning the petition, is available for review online at www.regulations.gov.
In response to TTDs 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: 2024932251.

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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. 553c, 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/ALL14 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. 202111962 Filed 6721; 8:45 am BILLING CODE 491006P

DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration Docket Number FRA20100011

Petition for Extension of Waiver of Compliance Under part 211 of title 49 Code of Federal Regulations CFR, this document provides the public notice that on May 17, 2021, Norfolk Southern Corporation NS petitioned the Federal Railroad Administration FRA for an extension of a waiver of compliance from certain provisions of the Federal railroad safety regulations contained at 49 CFR part 236, Rules, Standards, and Instructions Governing the Installation, Inspection, Maintenance, and Repair of Signal and Train Control Systems, Devices, and Appliances. The relevant Docket Number is FRA20100011.
Specifically, NS requests continued relief from 49 CFR 236.377, Approach locking; 236.378, Time locking; 236.379, Route locking; 236.380, Indication locking; and 236.381, Traffic locking.
The relief would continue the extension of periodic testing schedules from at least once every two years to at least
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