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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