[Federal Register Volume 85, Number 79 (Thursday, April 23, 2020)]
[Notices]
[Pages 22787-22788]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-08577]


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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket Number FRA-2018-0049]


Petition for Waiver of Compliance

    Under part 211 of title 49 Code of Federal Regulations (CFR), this 
document provides the public notice that on April 15, 2020, BNSF 
Railway (BNSF) petitioned the Federal Railroad Administration (FRA) for 
an expansion of its waiver of compliance from certain provisions of the 
Federal railroad safety regulations contained at 49 CFR 232.15, 
232.213, and 232.103(f). On April 12, 2019, FRA granted BNSF a test 
waiver to conduct a pilot program on a segment of their system to 
``demonstrate that the use of wheel temperature detectors to prove 
brake health effectiveness (BHE) will improve safety, reduce risks to 
employees, and provide cost savings to the industry.'' FRA assigned the 
petition Docket Number FRA-2018-0049.
    BNSF states the test waiver committee for BHE has been actively 
reviewing the data generated by BNSF over the past 6 months, and during 
that time BNSF has tested more than 600 trains. In building on the test 
success of the Southern Transcon trains between Chicago, IL, and 
California, BNSF requests FRA approval of two expansion initiatives 
which were each reviewed and approved by the test waiver committee: (1) 
The addition of additional origin/destination Southern Transcon 
locations; and (2) expansion to the BNSF Northern Intermodal route 
through Havre, MT.
    BNSF requests adding the following locations to its test waiver on 
the Southern Transcon to increase the braking improvements on the 
intermodal equipment, increase the number of waiver trains, and enable 
more locations to complete the automatic single car tests (ASCT). These 
locations may be an origination or destination point for an intermodal 
train that qualifies under conditions of the waiver and will pass 
through the existing test detector sites on either side of Belen, NM: 
Phoenix, AZ; Alliance, TX; Houston, TX; Logistics Park, Kansas City, 
KS; Memphis, TN; Atlanta, GA; St. Louis, MO; Omaha, NE; Amarillo, TX; 
Lubbock, TX; and Albuquerque, NM. These locations would be subject to 
the same requirements for the training completion of all related work 
groups and would not be ``turned on'' until the training records are 
provided to the test waiver committee.
    BNSF has installed and is currently testing new detectors with its 
proven technology on BNSF's Northern Intermodal route. These detectors 
were installed to continue the BHE testing in a cold weather climate. 
BNSF proposes that the processes and parameters would follow all 
conditions of the Southern Transcon BHE Program.
    BNSF states the expansion of the test waiver for both the Southern 
and Northern proposals would accomplish all the following:
    1. Validation of braking performance of trains on BNSF's Northern 
Transcon Route;
    2. Improve the braking performance of individual cars identified 
with cold or hot wheels;
    3. Increase the testing of car brake systems with ASCT devices;
    4. Increase the removal of poor performing brake valves identified 
by the ASCT;
    5. Generate important data on air brake valve performance in a cold 
weather environment which cannot be done on the Southern Transcon 
Intermodal testing; and
    6. Begin the process of associating brake valve age with BHE data 
performance from both the test site and the point/location when the 
ASCT is completed.
    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:
     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.

[[Page 22788]]

     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 May 26, 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 http://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. 2020-08577 Filed 4-22-20; 8:45 am]
 BILLING CODE 4910-06-P