Notice2023-08497
Petition for Modification of Waiver of Compliance
Primary source
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Published
April 21, 2023
Issuing agencies
Transportation DepartmentFederal Railroad Administration
Full Text
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<title>Federal Register, Volume 88 Issue 77 (Friday, April 21, 2023)</title>
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[Federal Register Volume 88, Number 77 (Friday, April 21, 2023)]
[Notices]
[Page 24656]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-08497]
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DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
[Docket Number FRA-2020-0033]
Petition for Modification of Waiver of Compliance
Under part 211 of title 49 Code of Federal Regulations (CFR), this
document provides the public notice that on March 15, 2023, BNSF
Railway Company (BNSF) petitioned the Federal Railroad Administration
(FRA) for an amendment of a waiver of compliance from certain
provisions of the Federal railroad safety regulations contained at 49
CFR part 215 (Railroad Freight Car Safety Standards) and 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-2020-0033.
Specifically, BNSF requests to modify and clarify two of the
conditions (conditions 2 and 12) on the relief granted by FRA's letter
dated September 11, 2020.\1\ BNSF proposes to modify condition 2 by
providing an additional report to FRA ``on the prior week[']s list of
actual trains that were operated under the waiver.'' BNSF states that
this additional report would ``provide better clarity for both FRA and
Labor as they look to audit BNSF processes against this waiver.'' BNSF
seeks to amend condition 12 by changing the phrase ``originating
terminal'' to ``the combination location,'' specifying that until
trains are combined, they are ``only potential waiver candidates.'' In
support of its request, BNSF states that the modifications would
support ``transparencey (sic) in the waiver process and continuous
improvement'' and ``remove any ambiguity or lack of process
understanding.''
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\1\ <a href="https://www.regulations.gov/document/FRA-2020-0033-0005">https://www.regulations.gov/document/FRA-2020-0033-0005</a>.
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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 at <a href="http://www.regulations.gov">http://www.regulations.gov</a>. Follow the online instructions for submitting
comments.
Communications received by June 20, 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), the 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. 2023-08497 Filed 4-20-23; 8:45 am]
BILLING CODE 4910-06-P
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</html>Indexed from Federal Register on April 21, 2023.
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