[Federal Register Volume 86, Number 162 (Wednesday, August 25, 2021)]
[Notices]
[Page 47536]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[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 https://www.regulations.gov/document/FRA-2020-0059-0004.
    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 
www.regulations.gov (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 http://www.regulations.gov. 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 
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. 2021-18241 Filed 8-24-21; 8:45 am]
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