2024-22738. Petition for Waiver of Compliance

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Department of Transportation

Federal Railroad Administration

1. [Docket Number FRA-2024-0079]

( print page 80628)

Under part 211 of title 49 Code of Federal Regulations (CFR), this document provides the public notice that by letter dated June 26, 2024, Canadian Pacific Kansas City (CPKC) 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). The relevant Docket Number is FRA-2024-0079.

Specifically, CPKC requests relief from the requirements of 49 CFR 232.305(b)(2), Single car air brake tests, to “permit the replacement of wheel-sets on rail cars as part of CPKC's In-train Wheelset Replacement Program . . . without the need to also perform the [single car air brake test (SCABT)]” as required. The program would be used only at CPKC's International Freight Gateway intermodal facility in Kansas City, Missouri.

In its petition, CPKC explained that the program “proactively address[es] wheel defects before they create potential risks to safe railroad operations” by identifying and changing the wheels while a crew remains on the lead locomotive. CPKC consulted with the Brotherhood Railway Carmen Division, Transportation Communications Union, which supports the program and request.

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 parties desire 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 www.regulations.gov. Follow the online instructions for submitting comments.

Communications received by December 2, 2024 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 the Department of Transportation's (DOT) 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 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.

Carolyn Hayward-Williams,

Director, Office of Railroad Systems and Technology.