Notice2022-19441
Petition for Waiver of Compliance and Extension of Comment Period
Primary source
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Published
September 8, 2022
Issuing agencies
Transportation DepartmentFederal Railroad Administration
Full Text
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<title>Federal Register, Volume 87 Issue 173 (Thursday, September 8, 2022)</title>
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[Federal Register Volume 87, Number 173 (Thursday, September 8, 2022)]
[Notices]
[Page 55079]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-19441]
[[Page 55079]]
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DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
[Docket Number FRA-2020-0087]
Petition for Waiver of Compliance and Extension of Comment Period
On July 25, 2022, the Federal Railroad Administration (FRA)
published notice \1\ of its receipt of a petition dated June 28, 2022,
from Illinois Central Railroad Company, for itself and on behalf of the
U.S. railroad subsidiaries operating under the Canadian National
Railway Company (CN), resubmitting a petition for a waiver of
compliance from certain provisions of the Federal railroad safety
regulations contained at 49 CFR part 232 (Brake System Safety Standards
for Freight and Other Non-Passenger Trains and Equipment; End-Of-Train
Devices). The relevant FRA docket number is FRA-2020-0087.
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\1\ See <a href="https://www.regulations.gov/document/FRA-2020-0087-0009">https://www.regulations.gov/document/FRA-2020-0087-0009</a>.
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As noted in FRA's July 25, 2022, notice, CN requested to use
software technology to implement a virtual three-dimensional simulation
as an alternative to satisfy the ``hands-on'' portion of periodic
refresher training required by 49 CFR 232.203(b)(8). Refresher training
is required at intervals not to exceed 3 years, and must consist of
classroom and hands-on training, as well as testing. CN cites FRA's
January 10, 2022, denial \2\ of its previous petition and states that
its June 28, 2022, resubmission addresses the concerns raised in FRA's
decision letter. In support of its petition, CN explains that the
proposed ``systematic, blended training curriculum'' ``exceeds the
training objectives'' required by the regulation ``and is designed to
increase user proficiency'' and ``reduc[e] air brake defects across the
CN network.'' CN notes that it ``only plans to use this requested
waiver for refresher training of employees in train and engine
service,'' and not for any other craft.
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\2\ See <a href="https://www.regulations.gov/document/FRA-2020-0087-0006">https://www.regulations.gov/document/FRA-2020-0087-0006</a>.
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FRA's July 25, 2022, notice provided a 45-day public comment period
(ending September 8, 2022) on CN's request for relief. Subsequent to
publication of that notice, in a letter dated August 19, 2022, CN
stated that it is seeking to assemble a meeting and demonstration of
the subject software for FRA and union representatives in ``the second
half of September.'' \3\ Therefore, CN requests to extend the comment
period by an additional 45 days to allow comments to be submitted
following the software demonstration.
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\3\ See <a href="https://www.regulations.gov/document/FRA-2020-0087-0012">https://www.regulations.gov/document/FRA-2020-0087-0012</a>.
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FRA understands that the demonstration of the subject software has
been scheduled for the end of September. Accordingly, to ensure all
interested parties have ample time to provide their comments subsequent
to that demonstration, FRA is extending the comment period in this
waiver proceeding for an additional 60 days.
A copy of CN's petition, as well as all 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 November 7, 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. 2022-19441 Filed 9-7-22; 8:45 am]
BILLING CODE 4910-06-P
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