[Federal Register Volume 88, Number 67 (Friday, April 7, 2023)]
[Notices]
[Page 20941]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-07323]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket Number FRA-2003-15638]


Petition for Expansion of Waiver of Compliance

    Under part 211 of title 49 Code of Federal Regulations (CFR), this 
document provides the public notice that by letter dated March 8, 2023, 
Long Island Rail Road (LIRR) petitioned the Federal Railroad 
Administration (FRA) for an expansion of a waiver of compliance from 
certain provisions of the Federal railroad safety regulations contained 
at 49 CFR part 238 (Passenger Equipment Safety Standards). The relevant 
Docket Number is FRA-2003-15638.
    Specifically, LIRR requests to expand its relief from Sec.  
238.303(e)(15)(i)(C), which states that multiple unit (MU)-type 
locomotives equipped with dynamic brakes that become defective, ``shall 
be repaired or removed from service by or at the locomotive's next 
exterior calendar day mechanical inspection.'' LIRR's existing relief 
applies to its fleet of M7 locomotives, which has multiple propulsion 
inverters. LIRR seeks to expand the relief to include its fleet of M9 
locomotives, as LIRR states that the ``IGBT inverter-controlled 
propulsion system of the M9 is similar to that of the M7 with an 
additional layer of redundancy.'' LIRR explains that the arrangement of 
the pneumatic braking on the M9 locomotives ``limits thermal stresses 
on the wheels and provides the same braking performance even when 
dynamic braking is not available.'' LIRR requests that as the current 
waiver provides relief on a per-axle basis and considers two dead brake 
trucks on an M7 train to be the equivalent of a dead locomotive, the 
requirement be four dead axles on an M9 train to be considered the 
same. In support of its request, LIRR states that in the 19 years of 
relief, ``LIRR has had no reports of a slow or poorly braking train 
related to inactive inverters.''
    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 http://www.regulations.gov. Follow the online instructions for submitting 
comments.
    Communications received by June 6, 2023 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. 2023-07323 Filed 4-6-23; 8:45 am]
BILLING CODE 4910-06-P


