Notice2023-06991
Petition for Extension of Waiver of Compliance
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
April 4, 2023
Issuing agencies
Transportation DepartmentFederal Railroad Administration
Full Text
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<title>Federal Register, Volume 88 Issue 64 (Tuesday, April 4, 2023)</title>
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[Federal Register Volume 88, Number 64 (Tuesday, April 4, 2023)]
[Notices]
[Pages 20016-20017]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-06991]
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DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
[Docket Number FRA-2011-0074]
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 by letters dated November 18,
2022; February 2, 2023; and March 17, 2023, BNSF Railway Company (BNSF)
petitioned the Federal Railroad Administration (FRA) for an extension
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 Docket Number is FRA-
2011-0074.
Specifically, BNSF requests to continue using its software
technology, Air Brake System Virtual Training Environment (ABSVTE), to
implement a virtual three-dimensional simulation as an alternative to
satisfy the ``hands-on'' portion of periodic refresher training
required by Sec. 232.203(b)(8).\1\ Refresher training is required at
intervals not to exceed 3 years and must consist of classroom and
hands-on training, as well as testing.
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\1\ BNSF's November 18, 2022, petition requested both an
extension of the current relief and a modification to apply the
relief in a self-directed, wholly virtual environment. However,
BNSF's February 2, 2023, petition withdrew the request for
modification of the relief but reaffirmed its request for an
extension of the existing relief.
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In support of its petition, BNSF explains that the ABSVTE
``provides a more comprehensive environment for knowledge transfer and
assessment than traditional hands-on brake inspection training.'' BNSF
asserts that the virtual training: (1) can ``provide training on every
railcar type;'' (2) can ``simulate the presence of a broad spectrum of
mechanical defects;'' (3) ``ensure[s] accuracy of employee
observations'' and ``provide feedback to the employee;'' and (4) allows
training to be conducted ``without exposing employees to walking
hazards or other potential injury exposures.'' BNSF notes that the
``rate of [rail equipment incidents] caused by car mechanical defects
per one million car-miles has continued on a downward trajectory since
BNSF began providing training under the waiver.''
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>.
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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 at <a href="http://www.regulations.gov">http://www.regulations.gov</a>. Follow the online instructions for submitting
comments.
Communications received by June 5, 2023 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), U.S. Department of Transportation (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. 2023-06991 Filed 4-3-23; 8:45 am]
BILLING CODE 4910-06-P
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