2022-24960. Petition for Waiver of Compliance

Under part 211 of title 49 Code of Federal Regulations (CFR), this document provides the public notice that by letter dated October 12, 2022, Canadian National Railway Company (CN) petitioned the Federal Railroad Administration (FRA) to join an existing waiver of compliance from certain provisions of the Federal railroad safety regulations contained at 49 CFR parts 232 (Brake System Safety Standards for Freight and Other Non-Passenger Trains and Equipment; End-Of-Train Devices), and 229 (Railroad Locomotive Safety Standards). The relevant FRA Docket Number is FRA-2016-0086.

Specifically, CN requests to join a waiver previously granted to CSX Transportation (CSX), BNSF Railway (BNSF), and Kansas City Southern Railway Company (KCS), and be granted relief from 49 CFR 232.205(c)(1)(iii), Class I brake test-initial terminal inspection, and 229.29(b), Air brake system calibration, maintenance, and testing, related to air flow method (AFM) indicator calibration intervals. The relief granted to CSX, BNSF, and KCS allows the railroads to test extending the AFM test intervals from 92 days to 184 days on locomotives equipped with the New York Air Brake (NYAB) CCB-II air brake systems. CN seeks to form a test waiver team operating under the current test committee overseeing the relief in FRA-2016-0086 to test CN's 772 NYAB CCBII-equipped locomotives. CN states that it has been an active member of the Association of American Railroads Locomotive Committee and is familiar with the work performed by the FRA-2016-0086 test committee.

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 January 16, 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), 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.