2023-01178. Petition for Extension 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 November 29, 2022, Alaska Railroad Corporation (ARRC) petitioned the Federal Railroad Administration (FRA) for an extension 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 FRA Docket Number is FRA-2008-0161.

Specifically, ARRC requests to extend its relief from § 238.303, Exterior calendar day mechanical inspection of passenger equipment, and § 238.313, Class I brake test, for its Hurricane Turn passenger train equipment, consisting of two locomotives, three passenger coaches, and one baggage car. ARRC states that the requirement for a qualified maintenance person (QMP) to complete the inspections would cause hardship, as “there is not enough work to support a [QMP] position” in Talkeetna, Alaska, where the equipment is stored, and the nearest QMP would have to drive 224 miles each day from Anchorage, Alaska. This equipment is operated in seasonal service five days a week, one round trip per day, between Talkeetna, Alaska, and Hurricane Gulch Bridge, Alaska.

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 March 24, 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.