Notice2023-12929

Petition for Extension of Waiver of Compliance

Primary source

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Published
June 16, 2023

Issuing agencies

Transportation DepartmentFederal Railroad Administration

Full Text

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<title>Federal Register, Volume 88 Issue 116 (Friday, June 16, 2023)</title>
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[Federal Register Volume 88, Number 116 (Friday, June 16, 2023)]
[Notices]
[Page 39506]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-12929]



[[Page 39506]]

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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket Number FRA-2006-24812]


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 received on April 
19, 2023, and May 4, 2023, BNSF Railway (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-2006-24812.
    Specifically, BNSF requests a waiver extension from 49 CFR 232.213, 
Extended haul trains, to continue operating extended haul trains for 
distances of up to 1,702 miles, beyond the limit of 1,500 miles stated 
in the regulation. In support of its request, BNSF states that it 
maintains a 24-hour hotline to ``support FRA in identification of 
active trains operating under this waiver and answer any operational 
questions.'' BNSF further states that ``operations under this waiver 
have reduced risk exposure for personal injuries involving walking and 
driving vehicles during inspections on every train under this waiver.'' 
BNSF explains the relief has also ``improved upon crew rest and 
eliminated 1,000s of hours of idle time[,] resulting in noise reduction 
and reduced pollutant[s].''
    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 August 15, 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. 2023-12929 Filed 6-15-23; 8:45 am]
BILLING CODE 4910-06-P


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Indexed from Federal Register on June 16, 2023.

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