[Federal Register Volume 85, Number 189 (Tuesday, September 29, 2020)]
[Notices]
[Pages 61087-61088]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-21466]


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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket Number FRA-2020-0076]


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 18, 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, Track Safety 
Standards. FRA assigned the petition Docket Number FRA-2020-0076.
    Specifically, BNSF requests a waiver of compliance from 49 CFR 
213.113, Defective rails, to permit an alternate means of affecting the 
remedial actions set forth in remedial action code C (49 CFR 
213.113(c)). BNSF proposes that following the application of joint bars 
in accordance with remedial action code C, the track segment be 
operated as follows:
     Trains may continue to run at the maximum allowable speed 
for the track class until a maximum of 15 million gross tons (MGT) have 
traversed the track segment;
     after 15 MGT have traversed the segment, operating speed 
will be reduced to 50 miles per hour (mph) thereafter until the 
defective rail is replaced; and
     if the rail defect progresses to a 100% fracture, 
operating speed will be reduced to 10 mph thereafter until the 
defective rail is replaced.
    BNSF states that the relief will promote railroad safety by 
allowing rail inspection vehicles to maintain ideal inspection 
frequencies, which will ensure that BNSF track will be inspected more 
frequently and defects remedied and repaired more quickly.
    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

[[Page 61088]]

(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 November 13, 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. 2020-21466 Filed 9-28-20; 8:45 am]
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