[Federal Register Volume 87, Number 60 (Tuesday, March 29, 2022)]
[Notices]
[Pages 18064-18065]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-06597]


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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket Number FRA-2022-0023]


Petition for Waiver of Compliance

    Under part 211 of title 49 Code of Federal Regulations (CFR), this 
document provides the public notice that on March 11, 2022, North Shore 
Railroad Company & Affiliates (NSHR) petitioned the Federal Railroad 
Administration (FRA) for a waiver of compliance from certain provisions 
of the Federal railroad safety regulations contained at 49 CFR 229.23, 
Periodic inspection: General. FRA assigned the petition Docket Number 
FRA-2022-0023.
    Specifically, NSHR requests relief of the 92-day inspection 
requirements for four locomotives (LVRR 9050, LVRR 9052, NSHR 2017, and 
NSHR 2012) used in seasonal in-plant switching in Washingtonville, PA. 
NSHR states that cycling the locomotives in and out of the plant for 
periodic inspections in a timely manner is difficult, as the 
locomotives do not have active on-board positive train control 
apparatuses and the rail line connecting to the plant is owned by a 
different railroad carrier (Norfolk Southern Railway). NSHR proposes 
that two of the locomotives would be used for in-plant unloading of 
synthetic gypsum and two of the locomotives would serve as alternate 
units. When the alternate units are not in the plant, they would 
receive normal 92-day periodic inspections at the NSHR locomotive shop 
in Williamsport, PA.
    NSHR notes that the locomotives would be utilized for in-plant 
switching and remain captive at the plant during a scheduled unloading 
season (March through November), and would only operate at restricted 
speed, not to exceed 10 miles per hour. NSHR explains that its proposed 
safety plan includes: (1) A comprehensive shop

[[Page 18065]]

inspection (including a 92-day inspection by qualified locomotive 
mechanics) in advance of the seasonal work; (2) in-plant switching 
would be performed by certified NSHR employees who would perform daily 
inspections; and (3) a qualified locomotive mechanic would be 
dispatched to ensure safe operations while captive at the plant.
    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 May 13, 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. 2022-06597 Filed 3-28-22; 8:45 am]
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