[Federal Register Volume 85, Number 155 (Tuesday, August 11, 2020)]
[Notices]
[Page 48631]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-17479]



[[Page 48631]]

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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket Number FRA-2020-0064]


Petition for Waiver of Compliance

    Under part 211 of title 49 Code of Federal Regulations (CFR), this 
document provides the public notice that on July 28, 2020, 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 213. FRA assigned the 
petition Docket Number FRA-2020-0064.
    Specifically, BNSF requests relief from 49 CFR 213.233, which 
requires track inspections to be conducted visually by railroad track 
inspectors qualified under 49 CFR 213.7 at certain frequencies based on 
the class of track. BNSF seeks to replace these visual track inspection 
requirements with a combination of performance-based automated and 
visual inspections. Proposed automated inspections would be performed 
by Unmanned Automated Track Geometry Cars every 12 million gross tons, 
not to exceed four weeks between tests. Proposed visual inspections 
would be performed either twice per month, weekly, or three times per 
week, based on risk model calculations made weekly for each track 
segment.
    In support of its petition, BNSF references data and analysis from 
BNSF's ongoing Track Inspection Test Program, Docket Number FRA-2018-
0091. BNSF states that the requested relief would positively impact 
safety by increasing defect identification and remediation, reduce 
employee exposure to potential hazards, and facilitate maintenance 
program planning.
    A copy of the petition, as well as any written communications 
concerning the petition, if any, are available for review online at 
www.regulations.gov.
    Interested parties are invited to participate in these proceedings 
by submitting written views, data, or comments. FRA does not anticipate 
scheduling a public hearing for 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 (DOT), 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 September 25, 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.

    Issued in Washington, DC.
John Karl Alexy,
Associate Administrator for Railroad Safety, Chief Safety Officer.
[FR Doc. 2020-17479 Filed 8-10-20; 8:45 am]
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