[Federal Register Volume 85, Number 14 (Wednesday, January 22, 2020)]
[Notices]
[Pages 3743-3744]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-00975]
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DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
[Docket Number FRA-2019-0107]
Petition for Waiver of Compliance
Under part 211 of title 49 Code of Federal Regulations (CFR), this
provides the public notice that on December 11, 2019, BNSF Railway
Company (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 part 232. FRA assigned the
petition Docket Number FRA-2019-0107.
BNSF requests that FRA grant a waiver of compliance from 49 CFR
232.215, Transfer train brake tests, with respect to transfer movements
between BNSF's Old South Yard and New South Yard in Houston, Texas
(``transfer movements''). Specifically, BNSF proposes to conduct a
Class III brake test in lieu of a transfer train brake test prior to
making a transfer movement governed by this waiver. BNSF believes that
the limited waiver it seeks in this context is appropriate because the
risk of proceeding with the transfer movements without a full transfer
train brake test is minimal and is adequately addressed by the
conditions BNSF proposes.
Transfer movements between BNSF's Old South Yard and New South Yard
require a train to traverse approximately 1,400 feet of main line track
on the Houston West Belt Subdivision (``Main Line''). The Main Line
between the yards is tangent with no obstructions to visibility in
either direction and is on a level grade. Track speed on the Main Line
at this location is 20 miles per hour (MPH), but trains performing
transfer movements between BNSF yards operate at 10 MPH and would
continue to do so under this waiver.
BNSF previously petitioned FRA for a waiver on this topic (see
Docket Number FRA-2004-19949). FRA denied that petition without
prejudice principally due to the absence of any conditions or alternate
procedures included within the petition to ensure an adequate level of
safety. BNSF believes the conditions set forth below will adequately
address FRA's concerns.
BNSF requests that the waiver be granted to permit transfer
movements to be governed subject to the following conditions:
1. Prior to undertaking a transfer movement, the brake pipe will be
connected through the entire cut of cars to be moved.
2. Prior to undertaking a transfer movement, a successful Class III
brake test must be performed on the train performing the transfer
movement, with air pressure at the rear of the consist verified using
an air gauge.
3. All trains performing a transfer movement between Old South Yard
and New South Yard will be limited to a maximum speed of 10 MPH.
BNSF states these conditions represent a revised approach
incorporating FRA's guidance from its denial of the 2005 petition.
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 Ave.
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:
[[Page 3744]]
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 Ave., SE, W12-140, Washington, DC
20590.
Hand Delivery: 1200 New Jersey Ave. SE, Room W12-140,
Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal Holidays.
Communications received by March 9, 2020 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.
John Karl Alexy,
Associate Administrator for Railroad Safety, Chief Safety Officer.
[FR Doc. 2020-00975 Filed 1-21-20; 8:45 am]
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