[Federal Register Volume 85, Number 171 (Wednesday, September 2, 2020)]
[Notices]
[Pages 54631-54632]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-19398]


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

DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket Number FRA-2011-0085]


Petition for Waiver of Compliance

    Under part 211 of title 49 Code of Federal Regulations (CFR), this 
document provides the public notice that on August 24, 2020, BNSF 
Railway Company (BNSF) petitioned the Federal Railroad Administration 
(FRA) to amend a waiver of compliance from certain provisions of the 
Federal railroad safety regulations contained at 49 CFR part 213, Track 
Safety Standards. FRA assigned the petition Docket Number FRA-2011-
0085.
    Specifically, BNSF requests to modify its existing waiver from 49 
CFR 213.109(d)(6) which allows for the use of concrete crossties with 
one shoulder broken off where, if turned end for end, every other 
crosstie is fastened 100 percent on both rails (``3/4 Concrete Ties''). 
BNSF seeks to: (1) Amend the waiver locations to reflect BNSF's 
historical practice under the waiver; and (2) clarify that multiple 
Gage Restraint Measurement System (GRMS) test platforms may be employed 
to test gage widening. BNSF's proposal would

[[Page 54632]]

effectively ``grandfather'' BNSF's continued use of these types of 
crossties across six divisions throughout the BNSF operating system.
    BNSF claims: (1) The performance of 3/4 Concrete Ties have not 
resulted in any derailments due to gage or defective crossties defects 
since the issuance of the waiver in 2011; (2) FRA has taken no 
exception to wide gage throughout BNSF's use of 3/4 Concrete Ties in 
the past; and (3) foot-by-foot analysis by automated inspection show 
the 3/4 Concrete Ties remained stable and are not degrading.
    A copy of the petition, as well as any written communications 
concerning the petition, is 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 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 (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 October 2, 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. 2020-19398 Filed 9-1-20; 8:45 am]
BILLING CODE 4910-06-P