Notice2024-10177

Petition for Extension of Waiver of Compliance

Primary source

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Published
May 9, 2024

Issuing agencies

Transportation DepartmentFederal Railroad Administration

Full Text

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<title>Federal Register, Volume 89 Issue 91 (Thursday, May 9, 2024)</title>
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[Federal Register Volume 89, Number 91 (Thursday, May 9, 2024)]
[Notices]
[Pages 39682-39683]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-10177]


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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket Number FRA-2003-15012]


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 February 28, 2024, Canadian 
National Railway Company (CN) 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 part 241 (United States Locational Requirements for 
Dispatching of United States Rail Operations). The relevant FRA Docket 
Number is FRA-2003-15012.Specifically, CN requests an extension of 
relief pursuant to 49 CFR 241.7(c), Fringe border dispatching, to allow 
the continuation of Canadian dispatching of two locations in the United 
States: the portion of the Sprague Subdivision extending approximately 
43.8 miles between Baudette and International Boundary, Minnesota, and 
the portion of the Strathroy Subdivision extending approximately 3.1 
miles between Sarnia, Ontario, Canada, through the St. Clair River 
Tunnel, to Port Huron, Michigan.\1\ In support of its request, CN 
states that, since the initial waiver was granted, ``each of these 
fringe border segments ha[ve] been regularly and safety dispatched from 
Canada'' and this extension would allow CN to ``continue what it has 
been safely doing for decades.'' CN explains that changing dispatching 
to the United States on this section of the Sprague Subdivision ``would 
introduce two [dispatching] hand-offs, given that the track only 
briefly enters the United States before re-entering Canada.'' 
Additionally, in reference to the portion of track on the Strathroy 
Subdivision, CN states that grating the waiver extension ``avoids any 
risk or safety concern associated with a [dispatching] hand-off in the 
middle of a single-track underwater tunnel.''
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    \1\ Both of these locations are defined in appendix A to part 
241, List of Lines Being Extraterritorially Dispatched in Accordance 
with the Regulations Contained in 49 CFR part 241, Revised as of 
October 1, 2002.
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    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="https://www.regulations.gov">https://www.regulations.gov</a>. Follow the online instructions for submitting 
comments.
    Communications received by July 8, 2024 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 https:/
/www.regulations.gov/

[[Page 39683]]

privacy-notice 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. 2024-10177 Filed 5-8-24; 8:45 am]
BILLING CODE 4910-06-P


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Indexed from Federal Register on May 9, 2024.

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