[Federal Register Volume 87, Number 141 (Monday, July 25, 2022)]
[Notices]
[Pages 44186-44187]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-15801]


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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket Number FRA-2007-28700]


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 on June 10, 2022, Kansas City 
Southern Railway Company (KCSR), jointly with its affiliate Kansas City 
Southern de Mexico (KCSM), 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 parts 215 (Railroad Freight Car Safety Standards), and 232 
(Brake System Safety Standards for Freight and Other Non-Passenger 
Trains and Equipment; End-of-Train Devices (EOTDs)). The relevant FRA 
Docket Number is FRA-2007-28700.
    Specifically, KCSR requested an extension of its relief from 49 CFR 
232.205, Class I brake test-initial terminal inspection, and certain 
provisions of 49 CFR part 215, for freight cars received in interchange 
from KCSM at the U.S./Mexico border crossing and international bridge 
in Laredo, Texas, to permit required inspections to be conducted in 
KCSR's Laredo Yard, approximately 9 miles north of the bridge.
    The petition notes that KCSM operates some trains over KCSR's line 
from the international rail bridge crossing to KCSR's Laredo Yard for 
purposes of interchange. KCSR asks that this waiver also be applied 
explicitly to trains operated by KCSM. The petition notes that 
``[w]hether a train is labeled as a KCSR train or a KCSM train'' once 
it ``crosses the border, it is still the same train--same locomotives, 
same EOTDs, and same cars inspected by the same KCSM mechanical 
forces.'' KCSR and KCSM ``are commonly owned by their parent company, 
Kansas City Southern,'' and ``have substantial overlap in their 
administrative and operational management, operate according to similar 
procedures and rules, and utilize the same or similar equipment.'' KCSM 
operates trains to KCSR's Laredo Yard ``pursuant to an interchange 
agreement with KCSR.''
    The petition seeks to continue moving trains from the rail bridge 
to KCSR's Laredo Yard after performing a Class III brake test at the 
bridge, rather than performing a Class I initial terminal inspection. 
KCSR explains that a full Class I initial terminal inspection will be 
performed at Laredo Yard on every train before it is moved beyond the 
yard. In support of its petition, KCSR states that the waiver 
contributes to border security and that no incidents have been 
attributed to this relief in the past fourteen years.
    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 September 8, 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

[[Page 44187]]

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. 2022-15801 Filed 7-22-22; 8:45 am]
BILLING CODE 4910-06-P