[Federal Register Volume 88, Number 109 (Wednesday, June 7, 2023)]
[Notices]
[Page 37299]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-12189]


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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket Number FRA-2007-28700]


Petition for Modification of Waiver of Compliance

    Under part 211 of title 49 Code of Federal Regulations (CFR), this 
document provides the public notice that on December 12, 2022, Kansas 
City Southern Railway Company (now known as CPKC),\1\ on behalf of the 
Kansas City Southern Railway Company and Kansas City Southern de 
Mexico, petitioned the Federal Railroad Administration (FRA) for a 
modification of an existing waiver of compliance in Docket Number FRA-
2007-28700. That waiver provides KCSR limited, conditional relief 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). Additionally, CPKC 
requested certification under section 416 of the Rail Safety 
Improvement Act of 2008 (RSIA), that brake inspections conducted in 
Mexico meet FRA requirements. FRA notes that CPKC's request under RSIA 
Section 416 will be handled separately from its waiver modification 
request and accordingly this notice only addresses CPKC's request to 
modify the existing waiver in Docket Number FRA-2007-28700.
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    \1\ On April 14, 2023, Kansas City Southern (KCS) merged with 
Canadian Pacific Railway forming CPKC. Accordingly, this notice 
refers to KCS as CPKC.
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    Specifically, in its petition CPKC requests a modification of the 
existing relief in Docket Number FRA-2007-28700 involving 49 CFR 
232.205, Class I brake test-initial terminal inspection, and certain 
provisions of 49 CFR part 215, regarding freight cars received in 
interchange from KCSM at the U.S./Mexico border crossing and 
international bridge in Laredo, Texas. CPKC requests that FRA permit 
the inspections and brake tests currently required to be conducted at 
the point of interchange between CPKC and KCSM and at CPKC's Laredo 
Yard in Texas to be conducted in KCSM's Sanchez Yard in Mexico.
    In support of its petition, CPKC states that the existing waiver 
has contributed to border security and that no incidents have been 
attributed to the relief in the past fourteen years. Additionally, CPKC 
proposes to implement new technology, Duo Technologies rip[supreg] 
Railcar Inspection (DTRI) that will (a) allow FRA to confirm remotely 
at the time a train arrives at the international bridge that the train 
has passed the Class I or Class III brake test in Sanchez Yard, and (b) 
allow CPKC qualified mechanical inspectors to use the DTRI data to 
confirm the ``mechanical soundness'' of any train interchanged from 
KCSM to CPKC. CPKC also explains that ``[a]voiding stopping trains on 
the Bridge will also reduce the incidence of vandalism to brake systems 
that occurs when trains stop on the Bridge waiting to cross into the 
U.S.''
    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 August 7, 2023 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. 2023-12189 Filed 6-6-23; 8:45 am]
BILLING CODE 4910-06-P