[Federal Register Volume 84, Number 198 (Friday, October 11, 2019)]
[Notices]
[Pages 54944-54945]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-22271]


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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket Number FRA-2019-0064]


Petition for Waiver of Compliance

    Under part 211 of title 49 Code of Federal Regulations (CFR), this 
document provides the public notice that on September 3, 2019, 
Burlington Northern Santa Fe Railway (BNSF) petitioned the Federal 
Railroad Administration (FRA) for a waiver of compliance from certain 
provisions of the Federal railroad safety regulations contained at 49 
CFR 232.305(b)(2). FRA assigned the petition Docket Number FRA-2019-
0064.
    Specifically, BNSF requests the same regulatory relief provided to 
the Union Pacific Railroad Company (UP) in Docket Number FRA-2007-
28454. Current regulations require railroad carriers to perform a 
single car air brake test (SCABT) when a car is on a shop or repair 
track, as defined in 49 CFR 232.303(a), for any reason and has not 
received a SCABT within the previous 12-month period. This also 
includes cars on an in-train wheel replacement track that do not 
require wheel replacement (if there are no FRA defects present), but 
may otherwise have an air date indicating it has not received a SCABT 
within the previous 12-month period and is in compliance with all other 
requirements of 49 CFR 232.305. BNSF requests relief through a change 
in repair track designation per 49 CFR 232.303. Specifically, BNSF 
requests that the in-train wheel replacement track not be designated a 
shop or repair track. However, BNSF proposes to continue performing a 
SCABT on any car undergoing an in-train wheelset replacement because of 
an FRA-condemnable wheel defect as defined in 49 CFR 232.305(b)(5).
    BNSF states that this relief would serve safety and the public good 
by reducing the number of wheels in service which have elevated impact 
readings and will therefore have a long-term positive impact on rail 
integrity. BNSF has an extensive wayside detector network with over 
4,000 detectors with varying technologies utilized to identify 
deteriorating component performance. Wheel Impact Load Detectors (WILD) 
are a part of this network that focus specifically on car and 
locomotive

[[Page 54945]]

wheels that have impact readings indicating surface defects. BNSF 
further states that the approval of this request will add to the total 
number of elevated kip reading wheels removed and not adversely impact 
any other safety related initiatives with respect to cars.
    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 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 by any of the following 
methods:
     Website: 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 November 25, 2019 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 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.). 
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 
www.regulations.gov, as described in the system of records notice (DOT/
ALL-14 FDMS), which can be reviewed at https://www.transportation.gov/privacy. See also https://www.regulations.gov/privacyNotice for the 
privacy notice of regulations.gov.

    Issued in Washington, DC.
John Karl Alexy,
Associate Administrator for Railroad Safety, Chief Safety Officer.
[FR Doc. 2019-22271 Filed 10-10-19; 8:45 am]
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