Notice2026-00376
Notice of Petition for 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
January 12, 2026
Issuing agencies
Transportation DepartmentFederal Railroad Administration
Abstract
This document provides the public notice that BNSF Railway Company (BNSF) petitioned FRA for relief from certain regulations concerning remote control locomotives.
Full Text
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<title>Federal Register, Volume 91 Issue 7 (Monday, January 12, 2026)</title>
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[Federal Register Volume 91, Number 7 (Monday, January 12, 2026)]
[Notices]
[Pages 1234-1235]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-00376]
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DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
[Docket Number FRA-2025-0687]
Notice of Petition for Waiver of Compliance
AGENCY: Federal Railroad Administration (FRA), Department of
Transportation (DOT).
ACTION: Notice.
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SUMMARY: This document provides the public notice that BNSF Railway
Company (BNSF) petitioned FRA for relief from certain regulations
concerning remote control locomotives.
DATES: FRA must receive comments on the petition by February 11, 2026.
FRA will consider comments received after that date to the extent
practicable.
ADDRESSES:
Comments: Comments related to this docket may be submitted by going
to <a href="https://www.regulations.gov">https://www.regulations.gov</a> and following the online instructions
for submitting comments.
Instructions: All submissions must include the agency name and
docket number. All comments received will be posted without change to
<a href="https://www.regulations.gov">https://www.regulations.gov</a>; this includes any personal information.
Please see the Privacy Act heading in the SUPPLEMENTARY INFORMATION
section of this document for Privacy Act information related to any
submitted comments or materials.
Docket: For access to the docket to read background documents or
comments received, go to <a href="https://www.regulations.gov">https://www.regulations.gov</a> and follow the
online instructions for accessing the docket.
FOR FURTHER INFORMATION CONTACT: Derrick Griffith, Railroad Safety
Specialist, FRA Motive Power & Equipment Division, telephone: 202-493-
6322, email: <a href="/cdn-cgi/l/email-protection#294d4c5b5b404a42074e5b404f4f405d41694d465d074e465f"><span class="__cf_email__" data-cfemail="dbbfbea9a9b2b8b0f5bca9b2bdbdb2afb39bbfb4aff5bcb4ad">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: Under part 211 of title 49 Code of Federal
Regulations (CFR), this document provides the public notice that by
letter dated August 27, 2025, BNSF petitioned FRA for a waiver of
compliance from certain provisions of the Federal railroad safety
regulations contained at 49 CFR part 229 (Railroad Locomotive Safety
Standards). FRA assigned the petition Docket Number FRA-2025-0687.
Specifically, BNSF seeks relief from Sec. 229.15(b)(4),
Inspection, testing, and repair, which requires locomotives that use
remote control pullback protection to ``perform a conditioning run over
a track'' with a positive train stop system ``to ensure that the system
functions as intended.'' The regulation states that the conditioning
run be conducted ``at the first practical time after the start of each
shift, but no more than 2 hours after the start of that shift.'' BNSF
seeks to move the timing of the run ``to align with the first movement
on the track protected by the Pullback System.''
In support of its request, BNSF states that the relief will not
eliminate the conditioning run required by the regulation, but rather
change the timing, so that the remote control operator can ascertain
``that the Pullback System is functioning as intended by operating the
locomotive to the transponder point.'' BNSF notes that the purpose of
the conditioning run, to verify the pullback system is functioning
prior to the operator continuing their work, is preserved. Further,
BNSF suggests that the relief will promote greater use of remote
control pullback protection within rail yards, which in turn could
promote greater safety outcomes.
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.
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Communications received by February 11, 2026 will be considered by
FRA before final action is taken. Comments received after that date
will be considered if practicable.
Privacy Act
Anyone can search the electronic form of any written communications
and comments received into any of FRA's 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 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. 2026-00376 Filed 1-9-26; 8:45 am]
BILLING CODE 4910-06-P
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