[Federal Register Volume 87, Number 55 (Tuesday, March 22, 2022)]
[Notices]
[Page 16306]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-06011]


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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket Number FRA-2022-0018]


Petition for Waiver of Compliance and Statutory Exemption

    Under part 211 of title 49 Code of Federal Regulations (CFR), this 
document provides the public notice that on February 24, 2022, Canadian 
Pacific Railway (CP) and Union Pacific Railroad Company (UP) jointly 
petitioned the Federal Railroad Administration (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). CP and UP 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. See 49 U.S.C. 20306. FRA assigned the petition 
Docket Number FRA-2022-0018.
    Specifically, CP and UP request relief from 49 CFR 232.213, 
Extended haul trains; 232.15, Movement of defective equipment; and 
232.103(f), General requirements for all train brake systems, and an 
exemption from the requirements of 49 U.S.C. 20303, for a potash unit 
train pair (CP train symbols 668 and 669), which are designated as 
extended haul trains, that operate between loading facilities in 
Saskatchewan, Canada, and the ports of Portland, Oregon, United States. 
The requested relief would allow technology-based advanced testing (the 
Automated Brake Effectiveness (ABE) Test Process) performed by wheel 
temperature detectors as an alternative approach to manual Class I 
brake tests performed by Certified Car Inspectors (Qualified Mechanical 
Inspectors). The tests would take place on westbound CP symbol 669 
trains at the designated inspection location in Lethbridge, Alberta, 
Canada. The petitioners state that the ABE Test Process is expected to 
provide more accurate brake testing, more proactive identification and 
repair of defects, and safer railway operations.
    Petitioners also explain that on December 10, 2021, Transport 
Canada granted two exemptions to CP under the Canadian Railway Safety 
Act that permit the use of CP's Remote Safety Inspection Process (RSIP) 
and ABE Test Process as alternative practices to meet certain freight 
car safety and air brake inspections performed in Canada as required by 
Canadian rules. The ABE Test Process has been in existence in Canada 
for over ten years, and FRA has audited the process as part of its 
investigation of test waivers under Docket Numbers FRA-2016-0018 and 
FRA-2018-0049. FRA believes that the RSIP, by utilizing Certified Car 
Inspectors in near real-time oversight of the process, meets the 
requirements of Sec.  232.213(a)(3), and does not require relief for 
this instance. Petitioners state that the train pair currently receives 
and will continue to receive all inspections in Canada by CP employees 
prior to interchanging to the UP, and US operations would not change.
    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. 49 U.S.C. 20306. 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 joint CP and UP 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 
www.regulations.gov.
    Interested parties are invited to participate in these proceedings 
by submitting written views, data, or comments.
    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 May 23, 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. 2022-06011 Filed 3-21-22; 8:45 am]
BILLING CODE 4910-06-P


