Notice2024-17565
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
August 8, 2024
Issuing agencies
Transportation DepartmentFederal Railroad Administration
Full Text
<html>
<head>
<title>Federal Register, Volume 89 Issue 153 (Thursday, August 8, 2024)</title>
</head>
<body><pre>
[Federal Register Volume 89, Number 153 (Thursday, August 8, 2024)]
[Notices]
[Pages 65009-65010]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-17565]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
[Docket Number FRA-2016-0086]
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 letter received June 3,
2024, BNSF Railway Company (BNSF) petitioned the Federal Railroad
Administration (FRA) to extend the existing test waiver of compliance
in Docket Number FRA-2016-0086. The existing relief in this docket
provides BNSF, CSX Transportation (CSX), and Kansas City Southern
Railway (now known as CPKC) conditional relief from certain provisions
of the Federal railroad safety regulations contained at 49 CFR parts
232 (Brake System Safety Standards for Freight and Other Non-Passenger
Trains and Equipment; End-Of-Train Devices), and 229 (Railroad
Locomotive Safety Standards). Specifically, the existing relief allows
the railroads to test extending the air flow method (AFM) test
intervals from
[[Page 65010]]
92 days to 184 days on locomotives equipped with the New York Air Brake
(NYAB) CCB-II and Fastbrake air brake systems.
In support of its request, BNSF states that ``throughout the life
of th[e] waiver, the data collected and reported to the FRA has
conclusively established that the AFM indicator can successfully and
safely maintain calibration setting for a period of at least 184
days,'' citing that in a period measured from June to December 2023,
``98% of BNSF's AFM indicators have tested as in-calibration at the
184-day mark.'' BNSF also notes that the relief ``has crucially enabled
alignment between the AFM indicator-calibration interval and the
interval for federally mandated periodic locomotive inspections,'' as
well as additional safety benefits described in the request.
In this petition, BNSF notes that it also seeks to transition this
waiver to a permanent waiver in the future, but at this time, is
requesting a five-year extension.
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">www.regulations.gov</a>.
Follow the online instructions for submitting comments.
Communications received by October 7, 2024 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 the U.S. Department of
Transportation's (DOT) 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), 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. 2024-17565 Filed 8-7-24; 8:45 am]
BILLING CODE 4910-06-P
</pre></body>
</html>Indexed from Federal Register on August 8, 2024.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.