Notice2024-26999
Petition for Extension and Modification of Waiver of Compliance
Primary source
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Published
November 20, 2024
Issuing agencies
Transportation DepartmentFederal Railroad Administration
Full Text
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<title>Federal Register, Volume 89 Issue 224 (Wednesday, November 20, 2024)</title>
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[Federal Register Volume 89, Number 224 (Wednesday, November 20, 2024)]
[Notices]
[Page 91883]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-26999]
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DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
[Docket Number FRA-2019-0064]
Petition for Extension and Modification 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 August 27,
2024, and October 15, 2024, 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 part 232 (Brake System Safety Standards
for Freight and Other Non-Passenger Trains and Equipment; End-of-Train
Devices). BNSF also petitioned to add three locations to the waiver:
Auburn, Washington; Lincoln, Nebraska; and Missoula, Montana. The
relevant Docket Number is FRA-2019-0064.
Specifically, BNSF requests to renew the existing waiver from 49
CFR 232.305(b)(2), Single car air brake tests, which permits BNSF to
change the repair track designation (per Sec. 232.303, General
requirements) so that the track on which in-train wheel replacements
are performed is not designated a shop or repair track. Accordingly, a
single car air brake test (SCABT) is not required on each car
undergoing an in-train wheelset replacement, but BNSF proposes to
perform a SCABT on any car with an FRA-condemnable wheel defect as
defined in Sec. 232.303(b)(5). The relief currently applies to
specific yard tracks for wheelset replacement at three BNSF facilities:
Newton, Kansas; Kansas City, Kansas; and Temple, Texas. BNSF seeks to
expand the waiver to apply to Auburn, Washington; Lincoln, Nebraska;
and Missoula, Montana, as well.
In support of its request, BNSF stated that the program ``has
significantly reduced the number of wheels in service with elevated kip
impact readings, which, in turn has a long-term positive impact on rail
integrity.'' Additionally, BNSF explained that ``by using [Wheel Impact
Load Detectors] and replacing wheelsets with relatively minor defects,
BNSF has replaced significantly more wheelsets than required by FRA
regulations.''
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 January 21, 2025 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. 2024-26999 Filed 11-19-24; 8:45 am]
BILLING CODE 4910-06-P
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