Notice2021-18510
Petition for Extension of Waiver of Compliance
Primary source
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Published
August 27, 2021
Issuing agencies
Transportation DepartmentFederal Railroad Administration
Full Text
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<title>Federal Register, Volume 86 Issue 164 (Friday, August 27, 2021)</title>
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[Federal Register Volume 86, Number 164 (Friday, August 27, 2021)]
[Notices]
[Pages 48292-48293]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-18510]
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DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
[Docket Number FRA-2018-0049]
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 August 18, 2021, BNSF
Railway (BNSF) petitioned the Federal Railroad Administration (FRA) for
an expansion of a waiver of compliance from certain provisions of the
Federal railroad safety regulations contained at 49 CFR part 232, Brake
System Safety Standards for Freight and Other Non-Passenger Trains and
Equipment; End-Of-Train Devices. The relevant FRA Docket Number is FRA-
2018-0049.
The existing waiver provides BNSF certain relief from 49 CFR
232.15, Movement of defective equipment; 49 CFR 232.103(f), General
requirements for all train brake systems; and 49 CFR 232.213, Extended
haul trains; and a statutory exemption from the requirements of title
49, United States Code section 20303. BNSF renews its request to expand
the scope of the waiver to include coal trains operating over the Pikes
Peak Subdivision in Colorado and across the Sand Hills Subdivision in
Nebraska.\1\
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\1\ BNSF initially requested expansion of the waiver on March
18, 2021. See <a href="https://www.regulations.gov/document/FRA-2018-0049-0018">https://www.regulations.gov/document/FRA-2018-0049-0018</a>. Public notice of the request was issued on April 5, 2021. See
<a href="https://www.regulations.gov/document/FRA-2018-0049-0021">https://www.regulations.gov/document/FRA-2018-0049-0021</a>. By letter
dated May 5, 2021, BNSF requested an initial 30-day hold on
processing the petition. See <a href="https://www.regulations.gov/document/FRA-2018-0049-0022">https://www.regulations.gov/document/FRA-2018-0049-0022</a>.
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On April 12, 2019, FRA granted BNSF a test waiver to conduct a
pilot program on a segment of its system to ``demonstrate that the use
of wheel temperature detectors to prove brake health effectiveness
(BHE) will improve safety, reduce risks to employees, and provide cost
savings to the industry.''
BNSF asserts the expansion would improve train braking performance
and safety by reducing brake pipe air losses on all BNSF coal trains
(particularly important during winter operations), and accomplish the
following goals:
<bullet> Validation of braking performance of BNSF coal trains
moving south through Colorado and east through Alliance, Nebraska;
<bullet> Improvement of the braking performance of individual cars
identified with cold or hot wheels;
<bullet> Increased testing of car brake systems with Automatic
Single Car Test (ASCT) devices;
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<bullet> Increased removal of poor performing brake valves and
brake system components identified by the ASCT; and
<bullet> Generation of additional important data on air brake valve
performance in a cold weather environment to supplement the program
started with Northern grain trains.
BNSF proposes that the processes and parameters would follow all
conditions of the Southern Transcon intermodal BHE Program but differ
in that the trains operate as ``cycle trains'' and stay intact in unit
train operations, similar to the Northern Transcon grain trains.
A copy of the petition, as well as any written communications
concerning the petition, is 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 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.
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.
Communications received by October 12, 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. 2021-18510 Filed 8-26-21; 8:45 am]
BILLING CODE 4910-06-P
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