[Federal Register Volume 78, Number 45 (Thursday, March 7, 2013)]
[Notices]
[Pages 14875-14876]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-05338]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket Number FRA-2012-0092]


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 November 28, 2012, the BNSF Railway Company (BNSF) has petitioned 
the Federal Railroad Administration (FRA) for 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. FRA 
assigned the petition Docket Number FRA-2012-0092.
    Specifically, BNSF seeks relief with respect to 49 CFR 232.207(a) 
for certain Bakken-oil unit trains that originate at refineries in 
North Dakota. These trains, when headed east out of the refineries, 
presently fall marginally short of major inspection terminals under the 
1,000-mile inspection requirements pursuant to 49 CFR 232.207. Under 
BNSF's current operating practice, these trains are stopping short of 
terminals that have qualified mechanical inspectors (QMI), the train 
crews are conducting the Class 1A inspections, and then the trains are 
continuing on into the terminals. BNSF believes that the risk of the 
mileage addition allowance under the Class 1A inspections (between 24-
198 miles for the requested trains) will be more than offset by the QMI 
inspections that the trains would receive, if relief is granted.
    A copy of the petition, as well as any written communications 
concerning the petition, is available for review online at 
www.regulations.gov and in person at the U.S. Department of 
Transportation's (DOT) Docket Operations Facility, 1200 New Jersey 
Avenue SE., W12-140, Washington, DC 20590. The Docket Operations 
Facility is open from 9 a.m. to 5 p.m., Monday through Friday, except 
Federal holidays.
    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 April 8, 2013 will be considered by FRA 
before final action is taken. Comments received after that date will be 
considered as far as practicable.

[[Page 14876]]

    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 document, 
if submitted on behalf of an association, business, labor union, etc.). 
See http://www.regulations.gov/#!privacyNotice for the privacy notice 
of regulations.gov or interested parties may review DOT's complete 
Privacy Act Statement in the Federal Register published on April 11, 
2000 (65 FR 19477).

    Issued in Washington, DC, on March 4, 2013.
Robert C. Lauby,
Deputy Associate Administrator for Regulatory and Legislative 
Operations.
[FR Doc. 2013-05338 Filed 3-6-13; 8:45 am]
BILLING CODE 4910-06-P