[Federal Register Volume 84, Number 33 (Tuesday, February 19, 2019)]
[Notices]
[Page 4901]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-02629]



[[Page 4901]]

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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket Number FRA-2019-0003]


Petition for Waiver of Compliance

    Under part 211 of Title 49 Code of Federal Regulations (CFR), this 
document provides the public notice that on November 26, 2018, Canadian 
National Railway Company (CN) petitioned the Federal Railroad 
Administration (FRA) for a waiver of compliance from certain provisions 
of the Federal railroad safety regulations contained at 49 CFR 232.305, 
Single car air brake tests. Specifically, CN requests relief from Sec.  
232.305(b)(2), regarding the requirement to conduct a single car air 
brake test (SCT) on a car when it is placed on a repair track for any 
reason, and the car has not had a SCT in the previous 12 months.
    CN seeks this relief for its operation in Fulton, KY, a purpose-
built facility that would utilize a drop table to safely and 
efficiently replace defective wheelsets while keeping the train intact. 
CN's proposed in-train wheelset replacement program would identify and 
replace wheelsets with minor defects falling between Association of 
American Railroads standards and FRA requirements, which will assist in 
reducing the number of wheel, bearing, impact, and broken rail-caused 
derailments, as well as associated injuries.
    CN states that rigid enforcement of 49 CFR 232.305(b)(2) threatens 
the viability of CN's in-train wheelset replacement initiative because 
CN cannot feasibly perform SCTs on all cars receiving wheelset 
replacements or all cars that are placed on that track which have not 
received a SCT in the previous 12 months. CN provides an example of how 
rigid enforcement would impact this operation: a train made up of 100 
cars that have received a SCT 24 months ago would be required to have 
all 100 cars receive a SCT simply because they are on a track where 
wheelset change-outs are conducted. The wheelset can be changed out in 
10 minutes; however, the SCT would be a minimum of 45 minutes per car.
    CN notes that FRA has recognized SCTs associated with in-train 
wheelset replacements are not always critical to ensuring railcar and 
braking system safety, as:

--FRA regulations do not require SCTs for cars undergoing wheelset 
replacements less than 12 months following their previous SCT;
--FRA requires a SCT only once every five or eight years for rail cars 
that do not undergo repairs;
--FRA does not require SCTs following wheelset changes on cars at 
intermodal loading ramps; and
--FRA has granted this relief to other railroads (see Docket Number 
FRA-2007-28454).

    A copy of the petition, as well as any written communications 
concerning the petition, is available for review online at 
www.regulations.gov and in person at the U.S. Department of 
Transportation's (DOT) Docket Operations Facility, 1200 New Jersey 
Avenue SE, W12-140, Washington, DC 20590. The Docket Operations 
Facility is open from 9 a.m. to 5 p.m., Monday through Friday, except 
Federal Holidays.
    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 by any of the following 
methods:
     Website: http://www.regulations.gov. Follow the online 
instructions for submitting comments.
     Fax: 202-493-2251.
     Mail: Docket Operations Facility, U.S. Department of 
Transportation, 1200 New Jersey Avenue SE, W12-140, Washington, DC 
20590.
     Hand Delivery: 1200 New Jersey Avenue SE, Room W12-140, 
Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, 
except Federal Holidays.
    Communications received by April 5, 2019 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/privacyNotice for the 
privacy notice of regulations.gov.

    Issued in Washington, DC.
Robert C. Lauby,
Associate Administrator for Railroad Safety, Chief Safety Officer.
[FR Doc. 2019-02629 Filed 2-15-19; 8:45 am]
 BILLING CODE 4910-06-P