30516 Federal Register / Vol. 86, No. 108 / Tuesday, June 8, 2021 / Notices 

1FRA 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). 

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

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 (§ 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 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 

§ 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 § 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 §§ 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 

DEPARTMENT OF TRANSPORTATION 

Federal Railroad Administration 

[Docket Number FRA–2010–0011] 

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 FRA–2010–0011. 

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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