[Federal Register Volume 85, Number 72 (Tuesday, April 14, 2020)]
[Notices]
[Pages 20805-20806]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-07787]


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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket Number FRA-2020-0030]


Petition for Waiver of Compliance

    Under part 211 of title 49 of the Code of Federal Regulations 
(CFR), this document provides the public notice that on March 31, 2020, 
the American Short Line and Regional Railroad Association (ASLRRA), on 
behalf of its member railroads Allegheny Valley Railroad, Southwest 
Pennsylvania Railroad, Ohio Terminal Railway, and Delmarva Central 
Railroad, petitioned the Federal Railroad Administration (FRA) for a 
waiver of compliance from

[[Page 20806]]

certain provisions of the Federal railroad safety regulations contained 
at 49 CFR part 236. FRA assigned the petition Docket Number FRA-2020-
0030.
    Specifically, ASLRRA seeks relief from 49 CFR 236.586, Daily or 
after trip test, and Sec.  236.588, Periodic test. Section 236.586(a) 
provides that, except where tests prescribed by Sec.  236.588 are 
performed at intervals of not more than two months, each locomotive 
equipped with an automatic cab signal or train stop or train control 
device operating in equipped territory shall be inspected for damage to 
the equipment and tested at least once each calendar day or within 24 
hours before departure upon each trip. Section 236.588 requires that 
except as provided in Sec.  236.586, periodic tests of the automatic 
train stop, train control, or cab signal apparatus be made at least 
once every 92 days, and on multiple-unit cars as specified by the 
carrier, subject to approval by FRA. ASLRRA petitions to increase the 
time between inspections under Sec.  236.588 to 184 days for a five-
year waiver period, subject to conditions, during which time it aims to 
show that there would be no degradation in safety resulting from this 
change.
    ASLRRA states that like the locomotive controls covered under 49 
CFR 229.23, today's automatic train stop, train control, and cab signal 
apparatus devices use microprocessor-based technology. This technology 
provides enhanced safety for the following reasons: (1) The 
microprocessor-based system has diagnostics that monitor the 
functioning of cab signal equipment and records faults, particularly 
with respect to features relevant to the periodic inspection; (2) major 
faults are instantly addressed; (3) minor faults are addressed through 
later data analysis; (4) in some cases, railroads have the capability 
of analyzing the data remotely, without the need for the locomotive to 
be shopped; and (5) if the system detects a failure, the system goes 
into fail-safe mode and triggers a penalty air brake application. 
ALSRRA contends performing signal inspections pursuant to Sec.  236.588 
in conjunction with and under the same schedule as the locomotive 
inspections under Sec.  229.23(b) would increase efficiency without 
compromising safety.
    A copy of the petition, as well as any written communications 
concerning the petition, is available for review online at 
www.regulations.gov and in person at the Department of Transportation's 
Docket Operations Facility, 1200 New Jersey Ave. SE, W12-140, 
Washington, DC 20590. The Docket Operations Facility is open from 9 
a.m. to 5 p.m., Monday through Friday, except Federal Holidays.
    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, 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, 1200 New Jersey Ave. SE, W12-140, Washington, DC 20590.
     Hand Delivery: 1200 New Jersey Ave. SE, Room W12-140, 
Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, 
except Federal Holidays.
    Communications received by May 29, 2020 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 www.dot.gov/privacy. See also 
http://www.regulations.gov/#!privacyNotice for the privacy notice of 
regulations.gov.

    Issued in Washington, DC.
John Karl Alexy,
Associate Administrator for Safety, Chief Safety Officer.
[FR Doc. 2020-07787 Filed 4-13-20; 8:45 am]
 BILLING CODE 4910-06-P