Notice2022-15801
Petition for Extension of Waiver of Compliance
Primary source
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Published
July 25, 2022
Issuing agencies
Transportation DepartmentFederal Railroad Administration
Full Text
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<title>Federal Register, Volume 87 Issue 141 (Monday, July 25, 2022)</title>
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[Federal Register Volume 87, Number 141 (Monday, July 25, 2022)]
[Notices]
[Pages 44186-44187]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-15801]
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DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
[Docket Number FRA-2007-28700]
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 June 10, 2022, Kansas City
Southern Railway Company (KCSR), jointly with its affiliate Kansas City
Southern de Mexico (KCSM), 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 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 (EOTDs)). The relevant FRA
Docket Number is FRA-2007-28700.
Specifically, KCSR requested an extension of its relief from 49 CFR
232.205, Class I brake test-initial terminal inspection, and certain
provisions of 49 CFR part 215, for freight cars received in interchange
from KCSM at the U.S./Mexico border crossing and international bridge
in Laredo, Texas, to permit required inspections to be conducted in
KCSR's Laredo Yard, approximately 9 miles north of the bridge.
The petition notes that KCSM operates some trains over KCSR's line
from the international rail bridge crossing to KCSR's Laredo Yard for
purposes of interchange. KCSR asks that this waiver also be applied
explicitly to trains operated by KCSM. The petition notes that
``[w]hether a train is labeled as a KCSR train or a KCSM train'' once
it ``crosses the border, it is still the same train--same locomotives,
same EOTDs, and same cars inspected by the same KCSM mechanical
forces.'' KCSR and KCSM ``are commonly owned by their parent company,
Kansas City Southern,'' and ``have substantial overlap in their
administrative and operational management, operate according to similar
procedures and rules, and utilize the same or similar equipment.'' KCSM
operates trains to KCSR's Laredo Yard ``pursuant to an interchange
agreement with KCSR.''
The petition seeks to continue moving trains from the rail bridge
to KCSR's Laredo Yard after performing a Class III brake test at the
bridge, rather than performing a Class I initial terminal inspection.
KCSR explains that a full Class I initial terminal inspection will be
performed at Laredo Yard on every train before it is moved beyond the
yard. In support of its petition, KCSR states that the waiver
contributes to border security and that no incidents have been
attributed to this relief in the past fourteen years.
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 September 8, 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
[[Page 44187]]
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. 2022-15801 Filed 7-22-22; 8:45 am]
BILLING CODE 4910-06-P
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