Federal Register / Vol. 88, No. 221 / Friday, November 17, 2023 / Notices 80379 

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), 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. 2023–25445 Filed 11–16–23; 8:45 am] 

BILLING CODE 4910–06–P 

DEPARTMENT OF TRANSPORTATION 

Federal Railroad Administration 

[Docket No. FRA–2010–0032] 

Metro-North Commuter Railroad’s 

Request to Amend Its Positive Train 

Control Safety Plan and Positive Train 

Control System 

AGENCY: Federal Railroad 

Administration (FRA), Department of 

Transportation (DOT). 

ACTION: Notice of availability and 

request for comments. 

SUMMARY: This document provides the 

public with notice that, on November 8, 

2023, Metro-North Commuter Railroad 

(MNR) submitted a request for 

amendment (RFA) to its FRA-approved 

Positive Train Control Safety Plan 

(PTCSP). As this RFA may involve a 

request for FRA’s approval of proposed 

material modifications to an FRAcertified positive train control (PTC) 

system, FRA is publishing this notice 

and inviting public comment on the 

railroad’s RFA to its PTCSP. 

DATES: FRA will consider comments 

received by December 7, 2023. FRA may 

consider comments received after that 

date to the extent practicable and 

without delaying implementation of 

valuable or necessary modifications to a 

PTC system. 

ADDRESSES: Comments: Comments may 

be submitted by going to https://

www.regulations.gov and following the 

online instructions for submitting 

comments. 

Instructions: All submissions must 

include the agency name and the 

applicable docket number. The relevant 

PTC docket number for this host 

railroad is Docket No. FRA–2010–0032. 

For convenience, all active PTC dockets 

are hyperlinked on FRA’s website at 

https://railroads.dot.gov/researchdevelopment/program-areas/traincontrol/ptc/railroads-ptc-dockets. All 

comments received will be posted 

without change to https://

www.regulations.gov; this includes any 

personal information. 

FOR FURTHER INFORMATION CONTACT: 

Gabe Neal, Staff Director, Signal, Train 

Control, and Crossings Division, 

telephone: 816–516–7168, email: 

Gabe.Neal@dot.gov. 

SUPPLEMENTARY INFORMATION: In general, 

title 49 United States Code (U.S.C.) 

section 20157(h) requires FRA to certify 

that a host railroad’s PTC system 

complies with title 49 Code of Federal 

Regulations (CFR) part 236, subpart I, 

before the technology may be operated 

in revenue service. Before making 

certain changes to an FRA-certified PTC 

system or the associated FRA-approved 

PTCSP, a host railroad must submit, and 

obtain FRA’s approval of, an RFA to its 

PTCSP under 49 CFR 236.1021. 

Under 49 CFR 236.1021(e), FRA’s 

regulations provide that FRA will 

publish a notice in the Federal Register 

and invite public comment in 

accordance with 49 CFR part 211, if an 

RFA includes a request for approval of 

a material modification of a signal or 

train control system. Accordingly, this 

notice informs the public that, on 

November 8, 2023, MNR submitted an 

RFA to its PTCSP for its Advanced Civil 

Speed Enforcement System II (ACSES 

II), which seeks FRA’s approval of an 

upgrade to the M8 fleet PTC Onboard 

Software provided by MNR’s supplier, 

Alstom, to correct open defects and 

provide other enhancements. That RFA 

is available in Docket No. FRA–2010– 

0032. 

Interested parties are invited to 

comment on MNR’s RFA to its PTCSP 

by submitting written comments or data. 

During FRA’s review of this railroad’s 

RFA, FRA will consider any comments 

or data submitted within the timeline 

specified in this notice and to the extent 

practicable, without delaying 

implementation of valuable or necessary 

modifications to a PTC system. See 49 

CFR 236.1021; see also 49 CFR 

236.1011(e). Under 49 CFR 236.1021, 

FRA maintains the authority to approve, 

approve with conditions, or deny a 

railroad’s RFA to its PTCSP at FRA’s 

sole discretion. 

Privacy Act Notice 

In accordance with 49 CFR 211.3, 

FRA solicits comments from the public 

to better inform its decisions. 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 https://www.regulations.gov/ 

privacy-notice for the privacy notice of 

regulations.gov. To facilitate comment 

tracking, we encourage commenters to 

provide their name, or the name of their 

organization; however, submission of 

names is completely optional. If you 

wish to provide comments containing 

proprietary or confidential information, 

please contact FRA for alternate 

submission instructions. 

Issued in Washington, DC 

Carolyn R. Hayward-Williams, 

Director, Office of Railroad Systems and 

Technology. 

[FR Doc. 2023–25420 Filed 11–16–23; 8:45 am] 

BILLING CODE 4910–06–P 

DEPARTMENT OF TRANSPORTATION 

Federal Railroad Administration 

[Docket Number FRA–2011–0009] 

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 October 4, 2023, Nevada 

Northern Railway (NNRX) petitioned 

the Federal Railroad Administration 

(FRA) to extend 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 224 

(Reflectorization of Rail Freight Rolling 

Stock). FRA assigned the petition 

Docket Number FRA–2011–0009. 

Specifically, NNRX requests to extend 

its existing special approval pursuant to 

49 CFR 215.203, Restricted cars, for a 

total of 13 cars (NN 3, NN 22, NN 23, 

NN 100, NN 1021, NN 1023, NN 1024, 

NN 1025, WSOR 102, WSOR 128, 

WSOR 134, WSOR 158, and WSOR 159) 

that are more than 50 years from the 

date of original construction. NNRX also 

seeks relief from § 215.303, Stenciling of 

restricted cars, and § 224.101, General 

requirements, to operate the cars in 

tourist/excursion service. In support of 

its request, NNRX states that the cars 


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