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[Federal Register Volume 83, Number 142 (Tuesday, July 24, 2018)]
[Notices]
[Pages 35052-35053]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-15795]

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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket Number FRA-2007-28700]

Petition for Waiver of Compliance

    Under part 211 of Title 49 Code of Federal Regulations (CFR), this 
provides the public notice that by a letter dated May 31, 2018, Kansas 
City Southern Railway Company (KCSR) petitioned the Federal Railroad 
Administration (FRA) for a modification of its waiver of compliance 
from certain provisions of the Federal railroad safety regulations 
contained at 49 CFR part 232. FRA assigned the petition Docket Number 
FRA-2007-28700.
    By letter dated December 11, 2017, KCSR received an extension of 
its conditional relief (originally granted by FRA on January 18, 2008) 
from 49 CFR 232.205, Class I brake test-initial terminal inspection, 
and 49 CFR part 215, Freight car safety standards, for freight cars 
received in interchange at the U.S./Mexico border crossing in Laredo, 
Texas, to permit required inspections to be conducted in Laredo Yard, 
approximately 9 miles north of the interchange point. In its present 
petition, KCSR requests clarification to perform the Class III air 
brake test required by condition #5 of FRA's letter of December 11, 
2017, at its Nuevo Laredo or Sanchez Yards, both of which are within 19 
miles of its Laredo Yard. KCSR states that they and U.S. Customs and 
Border Protection (CBP) have been working collaboratively with Mexican 
authorities to solve border security and operational challenges of the 
International Bridge complex. KCSR states their experience operating 
trains through the complex has demonstrated that when northbound trains 
stop on the International Bridge to meet the waiver requirement of 
performing a Class III air brake test, they experience a significant 
amount of safety risk. KCSR further states having to stop on the 
International Bridge to perform the

[[Page 35053]]

Class III air brake test actually increases the risk of equipment 
damage due to vandalism/theft and increases the risk to the community 
due to blocked crossings and heavy pedestrian traffic south of the 
border in Nuevo Laredo. The Department of Homeland Security and CBP 
have said that trains coming to a complete stop at the International 
Border presents the greatest opportunity for theft, contraband and/or 
trespassers to gain access to trains entering the United States. KCSR 
states its requested clarification to perform the elements of the Class 
III air brake test in Nuevo Laredo or Sanchez Yards would mitigate 
these public safety concerns.
    A copy of the petition, as well as any written communications 
concerning the petition, is available for review online at 
www.regulations.gov and in person at the U.S. Department of 
Transportation's (DOT) Docket Operations Facility, 1200 New Jersey 
Avenue SE, W12-140, Washington, DC 20590. The Docket Operations 
Facility is open from 9 a.m. to 5 p.m., Monday through Friday, except 
Federal Holidays.
    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 parties 
desire 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 by any of the following 
methods:
     Website: http://www.regulations.gov. Follow the online 
instructions for submitting comments.
     Fax: 202-493-2251.
     Mail: Docket Operations Facility, U.S. Department of 
Transportation, 1200 New Jersey Avenue SE, W12-140, Washington, DC 
20590.
     Hand Delivery: 1200 New Jersey Avenue SE, Room W12-140, 
Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, 
except Federal Holidays.
    Communications received by August 23, 2018 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.). In 
accordance with 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/privacyNotice for the 
privacy notice of regulations.gov.

    Issued in Washington, DC.
Robert C. Lauby,
Associate Administrator for Railroad Safety, Chief Safety Officer.
[FR Doc. 2018-15795 Filed 7-23-18; 8:45 am]
BILLING CODE 4910-06-P
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