Notice2021-14535
Petition for Waiver of Compliance
Primary source
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Published
July 8, 2021
Issuing agencies
Transportation DepartmentFederal Railroad Administration
Full Text
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<title>Federal Register, Volume 86 Issue 128 (Thursday, July 8, 2021)</title>
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[Federal Register Volume 86, Number 128 (Thursday, July 8, 2021)]
[Notices]
[Pages 36178-36179]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-14535]
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DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
[Docket Number FRA-2020-0064]
Petition for Waiver of Compliance
Under part 211 of title 49 Code of Federal Regulations (CFR), this
document provides the public notice that on June 15, 2021, BNSF Railway
[[Page 36179]]
Company (BNSF) petitioned the Federal Railroad Administration (FRA) to
modify a waiver of compliance that provides relief from certain
provisions of the Federal railroad safety regulations contained at 49
CFR part 213. FRA previously assigned the waiver Docket Number FRA-
2020-0064.
BNSF's existing waiver identified two territories, the Powder River
Territory, and the Southern Transcon Territory, where 49 CFR 213.233
visual track inspection requirements are replaced with a combination of
performance-based automated and visual inspections. Automated
inspections are performed by Unmanned Automated Track Geometry Cars
every 12 million gross tons, not exceeding four weeks between tests,
and visual inspections are performed either twice per month, weekly, or
three times per week, based on risk model calculations made weekly for
each track segment.
BNSF is requesting to expand the scope of the waiver by adding two
additional territories. First, BNSF requests to incorporate their Orin
Subdivision, a 395-track mile line running from Donkey Creek Junction,
Wyoming, to Bridger Junction, Wyoming, into the existing Powder River
Territory. In support of this request, BNSF states that the
operational, traffic mix, and weather characteristics of the Orin
Subdivision are similar to the other subdivisions of the Powder River
Territory.
Second, BNSF requests to add a new territory to the waiver, their
Northern Transcon Route. This 4,322-track mile line runs from Chicago,
Illinois, to Seattle, Washington. In support of this request, BNSF
references their 2020 geometry defect rates along the route as lower
(safer) than the rates of the Southern Transcon Territory.
In support of its petition, BNSF references data and analysis from
their Track Inspection Test Program, Docket Number FRA-2018-0091, and
data and analysis already available in Docket Number FRA-2020-0064.
BNSF states that all requirements of the waiver have been met during
implementation on the Powder River Territory and Southern Transcon
Territory. BNSF contends there are no unique characteristics of the
Northern Transcon Route or Orin Subdivision that would prevent BNSF's
successful implementation of the existing relief over those additional
territories. BNSF concludes that adding the two new territories will
result in net safety benefits for those territories due to the
increased geometry inspections and data-driven visual inspections.
A copy of the petition, as well as any written communications
concerning the petition, if any, are available for review online at
<a href="http://www.regulations.gov">www.regulations.gov</a>.
Interested parties are invited to participate in these proceedings
by submitting written views, data, or comments. FRA does not anticipate
scheduling a public hearing for 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:
<bullet> Website: <a href="http://www.regulations.gov">http://www.regulations.gov</a>. Follow the online
instructions for submitting comments.
<bullet> Fax: 202-493-2251.
<bullet> Mail: Docket Operations Facility, U.S. Department of
Transportation (DOT), 1200 New Jersey Ave. SE, W12-140, Washington, DC
20590.
<bullet> Hand Delivery: 1200 New Jersey Ave. 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, 2021 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), 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 <a href="http://www.regulations.gov">www.regulations.gov</a>, as described in the system
of records notice (DOT/ALL-14 FDMS), which can be reviewed at <a href="https://www.transportation.gov/privacy">https://www.transportation.gov/privacy</a>. See also <a href="https://www.regulations.gov/privacy-notice">https://www.regulations.gov/privacy-notice</a> for the privacy notice of <a href="http://regulations.gov">regulations.gov</a>.
Issued in Washington, DC.
John Karl Alexy,
Associate Administrator for Railroad Safety, Chief Safety Officer.
[FR Doc. 2021-14535 Filed 7-7-21; 8:45 am]
BILLING CODE 4910-06-P
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