Petition for Waiver of Compliance and Extension of Comment Period, 55079 [2022-19441]
Download as PDF
Federal Register / Vol. 87, No. 173 / Thursday, September 8, 2022 / Notices
DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
[Docket Number FRA–2020–0087]
khammond on DSKJM1Z7X2PROD with NOTICES
Petition for Waiver of Compliance and
Extension of Comment Period
On July 25, 2022, the Federal Railroad
Administration (FRA) published notice 1
of its receipt of a petition dated June 28,
2022, from Illinois Central Railroad
Company, for itself and on behalf of the
U.S. railroad subsidiaries operating
under the Canadian National Railway
Company (CN), resubmitting a petition
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 relevant FRA docket number is
FRA–2020–0087.
As noted in FRA’s July 25, 2022,
notice, CN requested to use software
technology to implement a virtual threedimensional simulation as an
alternative to satisfy the ‘‘hands-on’’
portion of periodic refresher training
required by 49 CFR 232.203(b)(8).
Refresher training is required at
intervals not to exceed 3 years, and
must consist of classroom and hands-on
training, as well as testing. CN cites
FRA’s January 10, 2022, denial 2 of its
previous petition and states that its June
28, 2022, resubmission addresses the
concerns raised in FRA’s decision letter.
In support of its petition, CN explains
that the proposed ‘‘systematic, blended
training curriculum’’ ‘‘exceeds the
training objectives’’ required by the
regulation ‘‘and is designed to increase
user proficiency’’ and ‘‘reduc[e] air
brake defects across the CN network.’’
CN notes that it ‘‘only plans to use this
requested waiver for refresher training
of employees in train and engine
service,’’ and not for any other craft.
FRA’s July 25, 2022, notice provided
a 45-day public comment period
(ending September 8, 2022) on CN’s
request for relief. Subsequent to
publication of that notice, in a letter
dated August 19, 2022, CN stated that it
is seeking to assemble a meeting and
demonstration of the subject software
for FRA and union representatives in
‘‘the second half of September.’’ 3
Therefore, CN requests to extend the
comment period by an additional 45
1 See
https://www.regulations.gov/document/
FRA-2020-0087-0009.
2 See https://www.regulations.gov/document/
FRA-2020-0087-0006.
3 See https://www.regulations.gov/document/
FRA-2020-0087-0012.
VerDate Sep<11>2014
18:19 Sep 07, 2022
Jkt 256001
days to allow comments to be submitted
following the software demonstration.
FRA understands that the
demonstration of the subject software
has been scheduled for the end of
September. Accordingly, to ensure all
interested parties have ample time to
provide their comments subsequent to
that demonstration, FRA is extending
the comment period in this waiver
proceeding for an additional 60 days.
A copy of CN’s petition, as well as all
written communications concerning the
petition, is available for review online at
www.regulations.gov.
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 https://
www.regulations.gov. Follow the online
instructions for submitting comments.
Communications received by
November 7, 2022 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
www.regulations.gov, as described in
the system of records notice (DOT/ALL–
14 FDMS), which can be reviewed at
https://www.transportation.gov/privacy.
See also https://www.regulations.gov/
privacy-notice for the privacy notice of
regulations.gov.
Issued in Washington, DC.
John Karl Alexy,
Associate Administrator for Railroad Safety
Chief Safety Officer.
[FR Doc. 2022–19441 Filed 9–7–22; 8:45 am]
BILLING CODE 4910–06–P
PO 00000
Frm 00126
Fmt 4703
Sfmt 4703
55079
DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
[Docket Number FRA–2022–0081]
Petition for Waiver of Compliance
Under part 211 of title 49 Code of
Federal Regulations (CFR), this
document provides the public notice
that on August 25, 2022, Virginia &
Truckee Railroad Company (VT)
petitioned the Federal Railroad
Administration (FRA) for a waiver of
compliance from certain provisions of
the Federal railroad safety regulations
contained at 49 CFR 230.17, One
thousand four hundred seventy-two
(1472) service day inspection. FRA
assigned the petition Docket Number
FRA–2022–0081.
Specifically, VT requests relief for
steam locomotive VTRR #29, which is
used in public tourist excursions in
Virginia City, Nevada. VT seeks to
extend the period in which the
locomotive’s 1472 service day
inspection is due from June 11, 2023, to
December 31, 2023 (the end of the 2023
operating season). VT states that VTRR
#29 will accumulate fewer than 1200
service days by December 31, 2023. In
support of its request, VT explains that
‘‘a new dry pipe was installed’’ in VTRR
#29 ‘‘in 2021 when the boiler interior
was entered and rigorously inspected,
besides at each internal annual
inspection.’’ VT also notes it exercises
complete control of the operation, and
the inspection, maintenance, and
repairs of the locomotive.
A copy of the petition, as well as any
written communications concerning the
petition, is available for review online at
www.regulations.gov.
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 https://
www.regulations.gov. Follow the online
instructions for submitting comments.
Communications received by October
24, 2022 will be considered by FRA
before final action is taken. Comments
received after that date will be
considered if practicable. Anyone can
E:\FR\FM\08SEN1.SGM
08SEN1
Agencies
[Federal Register Volume 87, Number 173 (Thursday, September 8, 2022)]
[Notices]
[Page 55079]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-19441]
[[Page 55079]]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
[Docket Number FRA-2020-0087]
Petition for Waiver of Compliance and Extension of Comment Period
On July 25, 2022, the Federal Railroad Administration (FRA)
published notice \1\ of its receipt of a petition dated June 28, 2022,
from Illinois Central Railroad Company, for itself and on behalf of the
U.S. railroad subsidiaries operating under the Canadian National
Railway Company (CN), resubmitting a petition 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 relevant FRA docket number is FRA-2020-0087.
---------------------------------------------------------------------------
\1\ See https://www.regulations.gov/document/FRA-2020-0087-0009.
---------------------------------------------------------------------------
As noted in FRA's July 25, 2022, notice, CN requested to use
software technology to implement a virtual three-dimensional simulation
as an alternative to satisfy the ``hands-on'' portion of periodic
refresher training required by 49 CFR 232.203(b)(8). Refresher training
is required at intervals not to exceed 3 years, and must consist of
classroom and hands-on training, as well as testing. CN cites FRA's
January 10, 2022, denial \2\ of its previous petition and states that
its June 28, 2022, resubmission addresses the concerns raised in FRA's
decision letter. In support of its petition, CN explains that the
proposed ``systematic, blended training curriculum'' ``exceeds the
training objectives'' required by the regulation ``and is designed to
increase user proficiency'' and ``reduc[e] air brake defects across the
CN network.'' CN notes that it ``only plans to use this requested
waiver for refresher training of employees in train and engine
service,'' and not for any other craft.
---------------------------------------------------------------------------
\2\ See https://www.regulations.gov/document/FRA-2020-0087-0006.
---------------------------------------------------------------------------
FRA's July 25, 2022, notice provided a 45-day public comment period
(ending September 8, 2022) on CN's request for relief. Subsequent to
publication of that notice, in a letter dated August 19, 2022, CN
stated that it is seeking to assemble a meeting and demonstration of
the subject software for FRA and union representatives in ``the second
half of September.'' \3\ Therefore, CN requests to extend the comment
period by an additional 45 days to allow comments to be submitted
following the software demonstration.
---------------------------------------------------------------------------
\3\ See https://www.regulations.gov/document/FRA-2020-0087-0012.
---------------------------------------------------------------------------
FRA understands that the demonstration of the subject software has
been scheduled for the end of September. Accordingly, to ensure all
interested parties have ample time to provide their comments subsequent
to that demonstration, FRA is extending the comment period in this
waiver proceeding for an additional 60 days.
A copy of CN's petition, as well as all written communications
concerning the petition, is available for review online at
www.regulations.gov.
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 https://www.regulations.gov. Follow the online instructions for submitting
comments.
Communications received by November 7, 2022 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 www.regulations.gov, as described in the
system of records notice (DOT/ALL-14 FDMS), which can be reviewed at
https://www.transportation.gov/privacy. See also https://www.regulations.gov/privacy-notice for the privacy notice of
regulations.gov.
Issued in Washington, DC.
John Karl Alexy,
Associate Administrator for Railroad Safety Chief Safety Officer.
[FR Doc. 2022-19441 Filed 9-7-22; 8:45 am]
BILLING CODE 4910-06-P