Notice2024-10179
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 39681-39682]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-10179]
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DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
[Docket Number FRA-2003-15010]
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, CPKC \1\
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
[[Page 39682]]
241 (United States Locational Requirements for Dispatching of United
States Rail Operations). The relevant Docket Number is FRA-2003-15010.
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\1\ On April 14, 2023, Canadian Pacific Railway Company (CP) and
Kansas City Southern (KCS) combined to create a single railway
company doing business under the trademark CPKC. The original waiver
in this docket was granted to CP.
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Specifically, CPKC requests an extension of relief pursuant to 49
CFR 241.7(c), Fringe border dispatching, to allow the continuation of
Canadian dispatching of three locations in the United States: (1) 1.8
miles of the Windsor Subdivision between Windsor, Ontario, Canada, and
Detroit, Michigan, United States; \2\ and (2) two track segments
totaling 23.44 miles on the Newport Subdivision between Richford,
Vermont, and East Richford, Vermont, United States, and between North
Troy, Vermont, and Newport, Vermont, United States.\3\ CPKC notes that
all locations are dispatched by the Operations Centre in Calgary,
Alberta, Canada. In support of its request, CPKC states that ``in the
approximately twenty-one years since the original waiver was granted,
CPKC has operated safely on the Windsor Subdivision and has operated
safely on the Newport Subdivision since the acquisition of this
territory in 2020.'' CPKC adds that it ``is not aware of any issues
that have developed since the last waiver was granted.''
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\2\ This section on the Windsor Subdivision is 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.
\3\ The track segments on the Newport Subdivision cross the
U.S./Canada border at three separate locations.
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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 <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. 2024-10179 Filed 5-8-24; 8:45 am]
BILLING CODE 4910-06-P
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