[Federal Register Volume 76, Number 168 (Tuesday, August 30, 2011)]
[Notices]
[Page 53997]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-22059]


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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket Number FRA-2006-24812]


Petition for Waiver of Compliance

    In accordance with Part 211 of Title 49 Code of Federal Regulations 
(CFR), this document provides the public notice that by a document 
dated July 27, 2011, BNSF Railway (BNSF) has petitioned the Federal 
Railroad Administration (FRA) for a waiver of compliance from certain 
requirements of Federal railroad safety regulations contained at 49 CFR 
part 232. FRA has assigned the petition Docket Number 2006-24812.
    BNSF seeks a waiver of compliance from certain provisions of 49 CFR 
part 232, Brake System Safety Standards for Freight and Other Non-
Passenger Trains and Equipment. Specifically, BNSF is requesting to 
expand the scope of the existing waiver that granted relief from the 
maximum mileage and inspection requirements specified by 49 CFR 
232.213, Extended haul trains. BNSF would like to perform the 1,500-
mile extended haul inspection for two designated trains at points that 
slightly exceed the 1,500-mile limit. The two destination points are 
Kansas City Power and Light (KCP&L); Iatan Generating Plant in Sadler, 
MO; and Dynegy, Hennepin Plant in Havanna, IL. The origination points 
are various coal mines in the Powder River Basin that would exceed the 
1,500-mile Class 1 inspection limit between 30.8 and 103.2 miles. Also, 
BNSF would like to realign the inspection points. Some inspections 
normally performed at Lincoln, NE, may be reduced on the Dynegy trains 
by shifting inspections to Guernsey, WY. Also, KCP&L train inspections 
may be shifted to Guernsey or Donkey Creek, WY, from Lincoln, NE.
    Given the increased demand for coal by the utility industry, BNSF 
believes that granting this relief is critical to relieving congestion 
at Lincoln, NE, while maintaining high-quality inspections; and the 
railroad believes this will not compromise railroad safety. The 
following trains are covered by the requested relief: E-SAIATM, E-
SAIBAM, E-SAIBTM, E-SAICAM, E-SAICDM, E-SAICRM, E-SAIWTM, C-ATMPHH, C-
BTMPHH, C-ETMPHH, and C-NAMPHH.
    In summary, BNSF respectfully requests that these trains be granted 
inclusion in FRA Waiver 2006-24812, which was established to resolve 
congestion issues in 2006. In the 4 years that these trains have been 
operating under the current waiver, there has been no adverse impact to 
safety. Since the trains covered by this request operate the very same 
type of equipment, there is no anticipated deviation from the current 
high level of safety.
    BNSF states that it will provide both mechanical and operating 
forces with the list of trains allowed to operate past the 1,500-mile 
threshold. Additionally, BNSF would maintain records of defective 
conditions discovered during inspections, as currently required, 
including any defective equipment set out en route.
    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, 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 by any of the following 
methods:
     Web site: http://www.regulations.gov. Follow the online 
instructions for submitting comments.
     Fax: 202-493-2251.
     Mail: Docket Operations Facility, U.S. Department of 
Transportation, 1200 New Jersey Avenue, SE., W12-140, Washington, DC 
20590.
     Hand Delivery: 1200 New Jersey Avenue, SE., Room W12-140, 
Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, 
except Federal Holidays.
    Communications received by October 14, 2011 will be considered by 
FRA before final action is taken. Comments received after that date 
will be considered as far as practicable.
    Anyone is able to search the electronic form of any written 
communications and comments received into any of our dockets by the 
name of the individual submitting the comment (or signing the comment, 
if submitted on behalf of an association, business, labor union, etc.). 
You may review DOT's complete Privacy Act Statement in the Federal 
Register published on April 11, 2000 (Volume 65, Number 70; Pages 
19477-78) or online at http://www.dot.gov/privacy.html.

    Issued in Washington, DC, on August 24, 2011.
Robert C. Lauby,
Deputy Associate Administrator for Regulatory and Legislative 
Operations.
[FR Doc. 2011-22059 Filed 8-29-11; 8:45 am]
BILLING CODE 4910-06-P