Notice2022-22848
Petition for Waiver of Compliance
Primary source
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Published
October 21, 2022
Issuing agencies
Transportation DepartmentFederal Railroad Administration
Full Text
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<title>Federal Register, Volume 87 Issue 203 (Friday, October 21, 2022)</title>
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[Federal Register Volume 87, Number 203 (Friday, October 21, 2022)]
[Notices]
[Pages 64130-64131]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-22848]
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DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
[Docket Number FRA-2022-0092]
Petition for Waiver of Compliance
Under part 211 of title 49 Code of Federal Regulations (CFR), this
document provides the public notice that on October 14, 2022, the Long
Island Rail Road (LIRR) petitioned the Federal Railroad Administration
(FRA) for a waiver of compliance from a
[[Page 64131]]
provision of the Federal railroad safety regulations contained at 49
CFR 236.1005(c), Hazard detectors. FRA assigned the petition Docket
Number FRA-2022-0092.
Specifically, LIRR is seeking relief from Sec. 236.1005(c) because
the Advanced Civil Speed Enforcement System II (ACSES II) Tunnel
Collision Avoidance (TCA) package for LIRR's locomotives will not be
completed before LIRR's commencement of its East Side Access passenger
service and the opening of the Grand Central Madison tunnels. LIRR
notes it has existing hazard detection, which protects against the
misrouting of oversized trains, within LIRR's cab signaling and
automatic train control system. LIRR also describes how its operating
practices provide additional protection. LIRR is seeking a temporary
waiver from Sec. 236.1005(c) because LIRR's positive train control
system, ACSES II, is currently not integrated with, and does not
enforce, LIRR's hazard detector, as Sec. 236.1005(c) otherwise
requires.
Exhibit A to LIRR's petition describes the exact measures LIRR will
use during the period of its temporary waiver, if granted, to ensure
oversize trains are not routed to, and do not enter, the tunnels. LIRR
also explains that ``[a]s soon as the new ACSES software which includes
the TCA functionality can be deployed to the LIRR rolling stock fleet,
[positive train stop (PTS)] enforcement at permissive aspects for
oversized LIRR trains will be provided.'' LIRR's petition for a waiver
also includes a statement of no objection from Amtrak, its applicable
tenant railroad.
A copy of the petition, as well as any written communications
concerning the petition, is available for review online at <a href="https://www.regulations.gov">https://www.regulations.gov</a>.
Interested parties are invited to participate in these proceedings
by submitting written views, data, or comments. All communications
concerning these proceedings should identify the appropriate docket
number and may be submitted at <a href="https://www.regulations.gov">https://www.regulations.gov</a>. Follow the
online instructions for submitting comments.
Communications received by November 15, 2022, will be considered by
FRA before final action is taken. Comments received after that date
will be considered if practicable. Given the urgent nature of this
waiver request and the resulting abbreviated comment period, FRA will
be holding a virtual question and answer session on November 7, 2022,
from 3:00 p.m. to 7:00 p.m. EST. During this session, FRA will be
available to answer technical questions relating to LIRR's waiver
petition. Please use the following link to obtain further information
regarding this virtual question and answer session: <a href="https://railroads.dot.gov/LIRR-ESA-PTC-waiver">https://railroads.dot.gov/LIRR-ESA-PTC-waiver</a>.
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="https://www.regulations.gov">https://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. 2022-22848 Filed 10-20-22; 8:45 am]
BILLING CODE 4910-06-P
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</html>Indexed from Federal Register on October 21, 2022.
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