# Notice of Petition for Waiver of Compliance

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URL: https://www.frixlaw.com/law-library/documents/fr%3A2025-03624

## Record

- **Collection:** Federal Register
- **Document type:** Notice
- **Published:** March 6, 2025
- **Citation:** 90 FR 11458

## Text

DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
[Docket Number FRA-2025-0022]
Notice of Petition for Waiver of Compliance

AGENCY:

Federal Railroad Administration (FRA), Department of Transportation (DOT).

ACTION:

Notice.

SUMMARY:

This document provides the public notice that by letter received January 8, 2025, Sonoma Marin Area Rail Transit District (SMART) petitioned FRA for relief from certain regulations concerning the clean, oil, test, and stencil (COT&S) requirements of diesel multiple unit (DMU) vehicles.

DATES:

FRA must receive comments on the petition by April 7, 2025. FRA will consider comments received after that date to the extent practicable.

ADDRESSES:

Comments:
Comments related to this docket 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 docket number. All comments received will be posted without change to
https://www.regulations.gov
; this includes any personal information. Please see the Privacy Act heading in the
SUPPLEMENTARY INFORMATION
section of this document for Privacy Act information related to any submitted comments or materials.

Docket:
For access to the docket to read background documents or comments received, go to
https://www.regulations.gov
and follow the online instructions for accessing the docket.

FOR FURTHER INFORMATION CONTACT:

Harry Weisinger, Railroad Safety Specialist, FRA Motive Power & Equipment Division, telephone: 202-493-0036, email:
harold.weisinger@dot.gov
.

SUPPLEMENTARY INFORMATION:

Under part 211 of title 49 Code of Federal Regulations (CFR), this document provides the public notice that by letter received January 8, 2025, SMART petitioned FRA for a waiver of compliance from certain provisions of the Federal railroad safety regulations contained at 49 CFR part 238 (Passenger Equipment Safety Standards). FRA assigned the petition Docket Number FRA-2025-0022.

Specifically, SMART seeks relief from § 238.309(b)(3),
Periodic brake equipment maintenance,
for 18 Nippon Sharyo DMUs equipped with Knorr Brake Company (KBC) KBCT1 air brake systems. SMART requests one-time relief to extend the DMUs' COT&S intervals from the 1,840 days specified in the regulation to 2,392 days (an additional 18 months), as KBC is experiencing delayed delivery times. SMART states that brake units will not begin being shipping to SMART until late April 2026. To support its request, SMART detailed in its petition the current and future safety measures it will take during the proposed COT&S interval extension.

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.

Communications received by April 7, 2025 will be considered by FRA before final action is taken. Comments received after that date will be considered if practicable.

Privacy Act

Anyone can search the electronic form of any written communications and comments received into any of FRA's 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 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. 2025-03624 Filed 3-5-25; 8:45 am]
BILLING CODE 4910-06-P

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Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/fr%3A2025-03624. Public record. Not legal advice.
