Notice2024-21397
Petition for Extension of Waiver of Compliance
Primary source
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Published
September 19, 2024
Issuing agencies
Transportation DepartmentFederal Railroad Administration
Full Text
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<title>Federal Register, Volume 89 Issue 182 (Thursday, September 19, 2024)</title>
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[Federal Register Volume 89, Number 182 (Thursday, September 19, 2024)]
[Notices]
[Page 76912]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-21397]
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DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
[Docket Number FRA-2018-0049]
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 dated August 1,
2024, 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-2018-0049.
Specifically, BNSF requests to extend the existing waiver, which
provides BNSF certain relief from 49 CFR 232.15, Movement of defective
equipment; 49 CFR 232.103(f), General requirements for all train brake
systems; and 49 CFR 232.213, Extended haul trains; and a statutory
exemption from the requirements of title 49, United States Code section
20303.\1\ BNSF stated that the waiver supports BNSF's Brake Health
Effectiveness (BHE) program, which ``increases the safety and
efficiency of BNSF's operations by using thermal detector technology
that can gather significantly more data about the health of train
brakes than can be collected from the visual inspections required by
existing regulations.'' The existing relief applies to trains operating
on several locations on BNSF's Southern Transcon and Northern
Intermodal routes.\2\
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\1\ By letter dated August 18, 2021, BNSF submitted a request to
expand the scope of the waiver to include coal trains operating over
the Pikes Peak Subdivision in Colorado and across the Sand Hills
Subdivision in Nebraska. See <a href="https://www.regulations.gov/document/FRA-2018-0049-0024">https://www.regulations.gov/document/FRA-2018-0049-0024</a>. That request is pending.
\2\ These routes are listed in condition 1 of FRA's decision
letter dated November 12, 2020. See <a href="https://www.regulations.gov/document/FRA-2018-0049-0017">https://www.regulations.gov/document/FRA-2018-0049-0017</a>.
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In support of its request, BNSF explained that data from the BHE
program has demonstrated ``improved safety performance of brake
systems'' across the BNSF network. The program has also ``increased
employee safety by eliminating the potential for injury to inspection
personnel due to slips, trips, or falls when performing intermediate
brake tests or when setting out or repairing cars outside of mechanical
or yard limits.'' Additionally, BNSF noted that the BHE program is
supported by BNSF's union partners, specifically the Brotherhood of
Railway Carmen, who has worked closely with BNSF.
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 parties
desire 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 November 18, 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 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. 2024-21397 Filed 9-18-24; 8:45 am]
BILLING CODE 4910-06-P
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