Document
Petition for Waiver of Compliance and Notice of Public Hearing
On July 3, 2025, FRA published notice that Canadian Pacific Kansas City Limited (CPKC) petitioned FRA for relief from certain regulations concerning air brake testing. In this n...
SUPPLEMENTARY INFORMATION:
The purpose of this hearing is to receive comments in response to a petition, received under
part 211 of title 49 Code of Federal Regulations (CFR), from CPKC for a waiver related to certain air brake testing regulations. By letter dated April 4, 2025, CPKC petitioned FRA for a waiver of compliance from §§ 232.5,
Definitions;
232.15,
Movement of defective equipment;
232.103(f),
General requirements for all train brake systems;
232.205(a),
Class I brake test—initial terminal inspection;
and 232.213(a)(6)(ii),
Extended haul trains.
CPKC also requests an exemption from the requirements of title 49, United States Code (U.S.C.), section 20303, which states that a rail vehicle with defective or insecure equipment may be moved to the nearest available place “at which the repairs can be made.”
The petitioner (CPKC) should be present at the hearing and prepared to present evidence to justify its request. Interested parties are invited to present statements and to offer information and views at the hearing. The hearing will be an informal, non-adversarial proceeding conducted by a representative FRA designates under FRA's Rules of Practice (
49 CFR 211.25). Therefore, there will be no cross-examination of persons presenting statements or offering information. An FRA representative will make an opening statement outlining the scope of the hearing. Interested parties will then be provided with an opportunity to make initial statements. After all initial statements are completed, those persons wishing to make a brief rebuttal will be given the opportunity to do so, in the same order in which they made the initial statements. FRA will announce any additional procedures at the hearing.
There will be a court reporter to record and transcribe comments presented at the hearing. FRA will add the verbatim transcript of the discussions to the public docket in this proceeding.
Public Participation Procedures
Any person: (1) wishing to attend the hearing in person or virtually, (2) make a statement at the hearing either in-person or virtually, or (3) both, should notify FRA by contacting Kar Gazarov, Deputy Staff Director, FRA Motive Power & Equipment Division, by email at
kar.gazarov@dot.gov, no later than Thursday, November 12, 2026 providing the following information, as applicable:
(a) The name, affiliation or party represented, email address, and phone number of the participant.
(b) Whether the participant is attending in person or virtually.
(c) The subject(s) of the statement and/or presentation the participant wishes to make, and the amount of time requested.
(d) A copy of the oral statement and/or presentation, if available.
FRA reserves the right to limit participation in the hearing of persons who fail to follow the public participation procedures as outlined above, or additional procedures announced at the hearing. FRA also reserves the right to limit the duration of presentations, as necessary, to afford all persons the opportunity to speak, or to limit participation in the hearing of persons who exceed their allotted time or who discuss topics or issues outside the scope of the petition. Further, FRA reserves the right to limit in-person attendance at the hearing, as space is limited; preference in attendance will be provided to persons requesting to present statements in person.
FRA is committed to providing equal access to this meeting for all participants. If you need alternative formats or other reasonable accommodations to participate in this meeting, either in-person or virtually, please contact Kar Gazarov, Deputy Staff Director, FRA Motive Power & Equipment Division, by email at
kar.gazarov@dot.gov, no later than Thursday, November 12, 2026.
Extension of Comment Period
FRA is extending the comment period to December 18, 2026 to allow time for interested parties to submit written comments on the proposal or in response to views or information provided at the public hearing.
Privacy Act
In accordance with FRA Order 1100.14G, FRA solicits comments from the public to inform its disposition of waivers, exemptions, block signal applications, and other special approvals under the Federal railroad safety laws and regulations and in accordance with
49 CFR part 211. 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
www.transportation.gov/​privacy. To facilitate comment tracking and response, we encourage commenters to provide their name, or the name of their organization; however, submission of names is optional. Whether or not commenters identify themselves, all timely comments will be fully considered. If you wish to provide comments containing proprietary or confidential information, please contact the agency for alternate submission instructions.
Issued in Washington, DC.
John Karl Alexy,
Associate Administrator for Railroad Safety, Chief Safety Officer.