Notice2022-06597
Petition for Waiver of Compliance
Primary source
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Published
March 29, 2022
Issuing agencies
Transportation DepartmentFederal Railroad Administration
Full Text
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<title>Federal Register, Volume 87 Issue 60 (Tuesday, March 29, 2022)</title>
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[Federal Register Volume 87, Number 60 (Tuesday, March 29, 2022)]
[Notices]
[Pages 18064-18065]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-06597]
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DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
[Docket Number FRA-2022-0023]
Petition for Waiver of Compliance
Under part 211 of title 49 Code of Federal Regulations (CFR), this
document provides the public notice that on March 11, 2022, North Shore
Railroad Company & Affiliates (NSHR) petitioned the Federal Railroad
Administration (FRA) for a waiver of compliance from certain provisions
of the Federal railroad safety regulations contained at 49 CFR 229.23,
Periodic inspection: General. FRA assigned the petition Docket Number
FRA-2022-0023.
Specifically, NSHR requests relief of the 92-day inspection
requirements for four locomotives (LVRR 9050, LVRR 9052, NSHR 2017, and
NSHR 2012) used in seasonal in-plant switching in Washingtonville, PA.
NSHR states that cycling the locomotives in and out of the plant for
periodic inspections in a timely manner is difficult, as the
locomotives do not have active on-board positive train control
apparatuses and the rail line connecting to the plant is owned by a
different railroad carrier (Norfolk Southern Railway). NSHR proposes
that two of the locomotives would be used for in-plant unloading of
synthetic gypsum and two of the locomotives would serve as alternate
units. When the alternate units are not in the plant, they would
receive normal 92-day periodic inspections at the NSHR locomotive shop
in Williamsport, PA.
NSHR notes that the locomotives would be utilized for in-plant
switching and remain captive at the plant during a scheduled unloading
season (March through November), and would only operate at restricted
speed, not to exceed 10 miles per hour. NSHR explains that its proposed
safety plan includes: (1) A comprehensive shop
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inspection (including a 92-day inspection by qualified locomotive
mechanics) in advance of the seasonal work; (2) in-plant switching
would be performed by certified NSHR employees who would perform daily
inspections; and (3) a qualified locomotive mechanic would be
dispatched to ensure safe operations while captive at the plant.
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 May 13, 2022 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. 2022-06597 Filed 3-28-22; 8:45 am]
BILLING CODE 4910-06-P
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</html>Indexed from Federal Register on March 29, 2022.
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