Notice2025-12483
Notice of Petition for Waiver of Compliance
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
July 3, 2025
Issuing agencies
Transportation DepartmentFederal Railroad Administration
Abstract
This document provides the public notice that Canadian Pacific Kansas City Limited (CPKC) and Union Pacific Railroad (UP) petitioned FRA for relief from certain regulations concerning air brake testing.
Full Text
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<title>Federal Register, Volume 90 Issue 126 (Thursday, July 3, 2025)</title>
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[Federal Register Volume 90, Number 126 (Thursday, July 3, 2025)]
[Notices]
[Pages 29618-29619]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-12483]
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DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
[Docket Number FRA-2025-0048]
Notice of Petition for Waiver of Compliance
AGENCY: Federal Railroad Administration (FRA), Department of
Transportation (DOT).
ACTION: Notice.
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SUMMARY: This document provides the public notice that Canadian Pacific
Kansas City Limited (CPKC) and Union Pacific Railroad (UP) petitioned
FRA for relief from certain regulations concerning air brake testing.
DATES: FRA must receive comments on the petition by August 4, 2025. FRA
will consider comments received after that date to the extent
practicable.
ADDRESSES:
Comments: Comments related to this docket may be submitted by going
to <a href="https://www.regulations.gov">https://www.regulations.gov</a> and following the online instructions
for submitting comments.
Instructions: All submissions must include the agency name and
docket number. All comments received will be posted without change to
<a href="https://www.regulations.gov">https://www.regulations.gov</a>; this includes any personal information.
Please see the Privacy Act heading in the SUPPLEMENTARY INFORMATION
section of this document for Privacy Act information related to any
submitted comments or materials.
Docket: For access to the docket to read background documents or
comments received, go to <a href="https://www.regulations.gov">https://www.regulations.gov</a> and follow the
online instructions for accessing the docket.
FOR FURTHER INFORMATION CONTACT: Steven Zuiderveen, Railroad Safety
Specialist, FRA Motive Power & Equipment Division, telephone: 202-
[[Page 29619]]
493-6337, email: <a href="/cdn-cgi/l/email-protection#dcafa8b9aab9b2f2a6a9b5b8b9aeaab9b9b29cb8b3a8f2bbb3aa"><span class="__cf_email__" data-cfemail="f083849586959ede8a85999495828695959eb0949f84de979f86">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: Under part 211 of title 49 Code of Federal
Regulations (CFR), this document provides the public notice that by
letter dated March 21, 2025, CPKC and UP (the Railroads) petitioned FRA
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 Railroads also request an
exemption from the requirements of title 49, United States Code
(U.S.C.), section 20303, which states that a rail vehicle with
defective or insecure equipment may be moved when necessary to make
repairs to the nearest available place at which the repairs can be
made. FRA assigned the petition Docket Number FRA-2025-0048.\1\
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\1\ CPKC and UP formerly requested similar relief in Docket
Number FRA-2022-0018.
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Specifically, the Railroads seek relief from Sec. Sec. 232.5,
Definitions; 232.205(a), Class I brake test--initial terminal
inspection; and 232.213(a)(2), Extended haul trains. The Railroads also
seek an exemption from the requirements of 49 U.S.C. 20303, for a
potash unit train pair (CPKC train symbols 618 and 619), which are
designated as extended haul trains, that operate between loading
facilities in Saskatchewan and Manitoba, Canada, and the ports of
Portland, Oregon, United States. The requested relief would allow
``technology-based advanced air brake testing [(the Brake Effectiveness
Test (BET) Process)] performed by wayside wheel temperature detectors''
as an alternative approach to manual Class I brake tests performed by
Certified Car Inspectors (Qualified Mechanical Inspectors or qualified
persons). The tests would take place at the designated inspection
location in Lethbridge, Alberta, Canada, and trains may only depart the
terminal with 100% operative brakes based on a combination of the BET
Process and Class 1 brake tests. The Railroads further state that
incorporating the BET Process will have no impact on or result in
changes to the work and operations in the United States.
The Railroads also explain that on December 10, 2021, Transport
Canada granted two exemptions to Canadian Pacific Railway under the
Canadian Railway Safety Act that permit the use of the BET Process as
an alternative practice to meet certain freight car safety and air
brake inspections performed in Canada as required by Canadian rules.
The BET Process is ``being used as an alternative to the manual Class I
air brake test to inspect 99% of bulk commodity trains operating under
[Transport Canada] exemptions to Vancouver, Canada. The Railroads add
that the BET Process has resulted in benefits over a manual brake test,
including better identification of conditions warranting action and
more effective braking, which reduces brake application when descending
mountain grades in cold weather.
Pursuant to 49 U.S.C. 20306, FRA may grant an exemption from the
requirements of 49 U.S.C. 20303 only on the basis of (1) evidence
developed at a hearing; or (2) an agreement between national railroad
labor representatives and the developer of the equipment or technology
at issue. FRA notes that the public hearing FRA previously held to
address a similar request for exemption from UP (Docket Number FRA-
2016-0018) addresses substantially the same issues as this current
request. Thus, FRA believes a separate public hearing on the current
request is unnecessary, and in considering the Railroads' request in
this docket, FRA intends to rely on the findings of the hearing
conducted in Docket Number FRA-2016-0018.
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.
Communications received by August 4, 2025 will be considered by FRA
before final action is taken. Comments received after that date will be
considered if practicable.
Privacy Act
Anyone can search the electronic form of any written communications
and comments received into any of FRA's 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), DOT solicits comments from the public to 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. 2025-12483 Filed 7-2-25; 8:45 am]
BILLING CODE 4910-06-P
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