[Federal Register Volume 87, Number 173 (Thursday, September 8, 2022)]
[Notices]
[Page 55079]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-19441]



[[Page 55079]]

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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket Number FRA-2020-0087]


Petition for Waiver of Compliance and Extension of Comment Period

    On July 25, 2022, the Federal Railroad Administration (FRA) 
published notice \1\ of its receipt of a petition dated June 28, 2022, 
from Illinois Central Railroad Company, for itself and on behalf of the 
U.S. railroad subsidiaries operating under the Canadian National 
Railway Company (CN), resubmitting a petition 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 FRA docket number is FRA-2020-0087.
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    \1\ See https://www.regulations.gov/document/FRA-2020-0087-0009.
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    As noted in FRA's July 25, 2022, notice, CN requested to use 
software technology to implement a virtual three-dimensional simulation 
as an alternative to satisfy the ``hands-on'' portion of periodic 
refresher training required by 49 CFR 232.203(b)(8). Refresher training 
is required at intervals not to exceed 3 years, and must consist of 
classroom and hands-on training, as well as testing. CN cites FRA's 
January 10, 2022, denial \2\ of its previous petition and states that 
its June 28, 2022, resubmission addresses the concerns raised in FRA's 
decision letter. In support of its petition, CN explains that the 
proposed ``systematic, blended training curriculum'' ``exceeds the 
training objectives'' required by the regulation ``and is designed to 
increase user proficiency'' and ``reduc[e] air brake defects across the 
CN network.'' CN notes that it ``only plans to use this requested 
waiver for refresher training of employees in train and engine 
service,'' and not for any other craft.
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    \2\ See https://www.regulations.gov/document/FRA-2020-0087-0006.
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    FRA's July 25, 2022, notice provided a 45-day public comment period 
(ending September 8, 2022) on CN's request for relief. Subsequent to 
publication of that notice, in a letter dated August 19, 2022, CN 
stated that it is seeking to assemble a meeting and demonstration of 
the subject software for FRA and union representatives in ``the second 
half of September.'' \3\ Therefore, CN requests to extend the comment 
period by an additional 45 days to allow comments to be submitted 
following the software demonstration.
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    \3\ See https://www.regulations.gov/document/FRA-2020-0087-0012.
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    FRA understands that the demonstration of the subject software has 
been scheduled for the end of September. Accordingly, to ensure all 
interested parties have ample time to provide their comments subsequent 
to that demonstration, FRA is extending the comment period in this 
waiver proceeding for an additional 60 days.
    A copy of CN's petition, as well as all 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 November 7, 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. 2022-19441 Filed 9-7-22; 8:45 am]
BILLING CODE 4910-06-P