Notice2025-12484
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) 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 29617-29618]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-12484]
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DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
[Docket Number FRA-2025-0055]
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) 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: 202-493-
6337, email: <a href="/cdn-cgi/l/email-protection#f586819083909bdb8f809c9190878390909bb5919a81db929a83"><span class="__cf_email__" data-cfemail="4536312033202b6b3f302c2120373320202b05212a316b222a33">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: Under part 211 of title 49 Code of Federal
[[Page 29618]]
Regulations (CFR), this document provides the public notice that by
letter dated April 4, 2025, CPKC 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). CPKC also requests 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-
0055.
Specifically, CPKC seeks relief from Sec. Sec. 232.5, Definitions;
232.15, Movement of defective equipment; 232.103(f), General
requirements for all train brake systems; 232.205(a), Class I brake
test--initial terminal inspection; and 232.213(a)(6)(ii), Extended haul
trains. CPKC also seeks an exemption from the requirements of 49 U.S.C.
20303, for train CPKC 576, which hauls diluent reduced solid bitumen,
is designated as an extended haul train, and operates between the
loading facility in Rosyth, Alberta, Canada, and the ports near Port
Arthur, Texas, 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
[(WTDs)] on heavy grade'' as an alternative approach to manual Class I
brake tests performed by Certified Car Inspectors (Qualified Mechanical
Inspectors or qualified persons).
Currently, CPKC 576 receives a Class 1 brake test in Heavener,
Oklahoma, U.S., but with the requested relief, CPKC would use the BET
Process, including WTD data from the Heavener Subdivision, to perform
the required brake test. CPKC states that the train will depart the
Heavener location with at minimum 95% operative brakes based on the
electronic brake effectiveness status from the BET Process, which is a
more stringent percentage than the requirement in Sec. 232.103(e).\1\
CPKC further states that incorporating the BET Process ``will result in
no impact on the work performed in the U.S. and the operations in the
U.S. would remain identical to the current operations.'' In addition,
CPKC cites the waiver's opportunity for data collection, as the data
would ``be used to further evaluate the effectiveness of BET on a long
descending heavy grade of 1.0% over 5 miles,'' which has not been
tested on CPKC's network.
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\1\ Section 232.103(e) requires trains to have operative and
effective brakes on 85% of cars.
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CPKC also explains that certain exemptions allowing the BET Process
are currently in use, but effective December 1, 2025, revisions to
Canadian regulations ``will allow railroads operating in Canada to use
a BET Process and its technology as an alternative to manual Class I
brake tests without the need for an exemption.'' The revisions resulted
from ``consultation with relevant Canadian bargaining agents'' and
``evaluation of data collected over multiple years,'' among other
factors. In support of the request, CPKC adds that the BET Process has
resulted in benefits over a manual brake test, including better
identification of conditions warranting action and over 16,000
additional automated single car air brake tests performed by mechanical
employees since 2011.
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 Union Pacific Railroad
(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 CPKC's
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. 2025-12484 Filed 7-2-25; 8:45 am]
BILLING CODE 4910-06-P
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