Notice2023-11785
Petition for Extension of Waiver of Compliance
Primary source
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Published
June 2, 2023
Issuing agencies
Transportation DepartmentFederal Railroad Administration
Full Text
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<title>Federal Register, Volume 88 Issue 106 (Friday, June 2, 2023)</title>
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[Federal Register Volume 88, Number 106 (Friday, June 2, 2023)]
[Notices]
[Page 36359]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-11785]
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DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
[Docket Number FRA-2007-28812]
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 March 24,
2023, and April 27, 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 parts 215 (Railroad Freight Car Safety
Standards) and 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-2007-28812.
Specifically, BNSF requests a waiver extension from 49 CFR 232.205,
Class 1 brake test--initial terminal inspection, and certain provisions
of part 215 related to the inspection of trains entering the United
States from Mexico at Eagle Pass, Texas. BNSF seeks to continue to move
trains received in interchange from Ferrocarril Mexicano, S.A. (FXE),
approximately 12 miles outside of the community of Eagle Pass, Texas,
to the facilities at Ryan's Ruin, Texas, or Horan Siding, where the
required inspections can be performed. BNSF states that the relief
``has proven to create a more efficient and safer operating environment
along the U.S. and Mexico border for over a decade.'' In support of its
request, BNSF explains that prior to the current relief, trains ``would
be blocking the international bridge and multiple crossings in Eagle
Pass.''
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 are requested by August 1, 2023. Comments received
after that date will be considered if practicable. FRA reserves the
right to extend the existing relief subject to subsequent consideration
of any comments submitted to the docket. 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. 2023-11785 Filed 6-1-23; 8:45 am]
BILLING CODE 4910-06-P
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