[Federal Register Volume 87, Number 203 (Friday, October 21, 2022)]
[Notices]
[Pages 64130-64131]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-22848]


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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket Number FRA-2022-0092]


Petition for Waiver of Compliance

    Under part 211 of title 49 Code of Federal Regulations (CFR), this 
document provides the public notice that on October 14, 2022, the Long 
Island Rail Road (LIRR) petitioned the Federal Railroad Administration 
(FRA) for a waiver of compliance from a

[[Page 64131]]

provision of the Federal railroad safety regulations contained at 49 
CFR 236.1005(c), Hazard detectors. FRA assigned the petition Docket 
Number FRA-2022-0092.
    Specifically, LIRR is seeking relief from Sec.  236.1005(c) because 
the Advanced Civil Speed Enforcement System II (ACSES II) Tunnel 
Collision Avoidance (TCA) package for LIRR's locomotives will not be 
completed before LIRR's commencement of its East Side Access passenger 
service and the opening of the Grand Central Madison tunnels. LIRR 
notes it has existing hazard detection, which protects against the 
misrouting of oversized trains, within LIRR's cab signaling and 
automatic train control system. LIRR also describes how its operating 
practices provide additional protection. LIRR is seeking a temporary 
waiver from Sec.  236.1005(c) because LIRR's positive train control 
system, ACSES II, is currently not integrated with, and does not 
enforce, LIRR's hazard detector, as Sec.  236.1005(c) otherwise 
requires.
    Exhibit A to LIRR's petition describes the exact measures LIRR will 
use during the period of its temporary waiver, if granted, to ensure 
oversize trains are not routed to, and do not enter, the tunnels. LIRR 
also explains that ``[a]s soon as the new ACSES software which includes 
the TCA functionality can be deployed to the LIRR rolling stock fleet, 
[positive train stop (PTS)] enforcement at permissive aspects for 
oversized LIRR trains will be provided.'' LIRR's petition for a waiver 
also includes a statement of no objection from Amtrak, its applicable 
tenant railroad.
    A copy of the petition, as well as any written communications 
concerning the petition, is available for review online at https://www.regulations.gov.
    Interested parties are invited to participate in these proceedings 
by submitting written views, data, or comments. 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 November 15, 2022, will be considered by 
FRA before final action is taken. Comments received after that date 
will be considered if practicable. Given the urgent nature of this 
waiver request and the resulting abbreviated comment period, FRA will 
be holding a virtual question and answer session on November 7, 2022, 
from 3:00 p.m. to 7:00 p.m. EST. During this session, FRA will be 
available to answer technical questions relating to LIRR's waiver 
petition. Please use the following link to obtain further information 
regarding this virtual question and answer session: https://railroads.dot.gov/LIRR-ESA-PTC-waiver.
    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 https://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. 2022-22848 Filed 10-20-22; 8:45 am]
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