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&#160;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.

[[Page 1235]]

    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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Indexed from Federal Register on January 12, 2026.

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