Notice2023-12189
Petition for Modification of Waiver of Compliance
Primary source
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Published
June 7, 2023
Issuing agencies
Transportation DepartmentFederal Railroad Administration
Full Text
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<title>Federal Register, Volume 88 Issue 109 (Wednesday, June 7, 2023)</title>
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[Federal Register Volume 88, Number 109 (Wednesday, June 7, 2023)]
[Notices]
[Page 37299]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-12189]
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DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
[Docket Number FRA-2007-28700]
Petition for Modification of Waiver of Compliance
Under part 211 of title 49 Code of Federal Regulations (CFR), this
document provides the public notice that on December 12, 2022, Kansas
City Southern Railway Company (now known as CPKC),\1\ on behalf of the
Kansas City Southern Railway Company and Kansas City Southern de
Mexico, petitioned the Federal Railroad Administration (FRA) for a
modification of an existing waiver of compliance in Docket Number FRA-
2007-28700. That waiver provides KCSR limited, conditional relief 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). Additionally, CPKC
requested certification under section 416 of the Rail Safety
Improvement Act of 2008 (RSIA), that brake inspections conducted in
Mexico meet FRA requirements. FRA notes that CPKC's request under RSIA
Section 416 will be handled separately from its waiver modification
request and accordingly this notice only addresses CPKC's request to
modify the existing waiver in Docket Number FRA-2007-28700.
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\1\ On April 14, 2023, Kansas City Southern (KCS) merged with
Canadian Pacific Railway forming CPKC. Accordingly, this notice
refers to KCS as CPKC.
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Specifically, in its petition CPKC requests a modification of the
existing relief in Docket Number FRA-2007-28700 involving 49 CFR
232.205, Class I brake test-initial terminal inspection, and certain
provisions of 49 CFR part 215, regarding freight cars received in
interchange from KCSM at the U.S./Mexico border crossing and
international bridge in Laredo, Texas. CPKC requests that FRA permit
the inspections and brake tests currently required to be conducted at
the point of interchange between CPKC and KCSM and at CPKC's Laredo
Yard in Texas to be conducted in KCSM's Sanchez Yard in Mexico.
In support of its petition, CPKC states that the existing waiver
has contributed to border security and that no incidents have been
attributed to the relief in the past fourteen years. Additionally, CPKC
proposes to implement new technology, Duo Technologies rip[supreg]
Railcar Inspection (DTRI) that will (a) allow FRA to confirm remotely
at the time a train arrives at the international bridge that the train
has passed the Class I or Class III brake test in Sanchez Yard, and (b)
allow CPKC qualified mechanical inspectors to use the DTRI data to
confirm the ``mechanical soundness'' of any train interchanged from
KCSM to CPKC. CPKC also explains that ``[a]voiding stopping trains on
the Bridge will also reduce the incidence of vandalism to brake systems
that occurs when trains stop on the Bridge waiting to cross into the
U.S.''
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 August 7, 2023 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. 2023-12189 Filed 6-6-23; 8:45 am]
BILLING CODE 4910-06-P
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