[Federal Register Volume 86, Number 18 (Friday, January 29, 2021)]
[Notices]
[Page 7612]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-01947]


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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket Number FRA-2010-0100]


Petition for Waiver of Compliance

    Under part 211 of title 49 Code of Federal Regulations (CFR), this 
document provides the public notice that on December 10, 2020, 
Brownsville & Rio Grande International Railroad (BRG) petitioned the 
Federal Railroad Administration (FRA) for a modification to its waiver 
of compliance from certain provisions of the Federal railroad safety 
regulations contained at 49 CFR parts 232, Brake System Safety 
Standards for Freight and Other Non-Passenger Trains and Equipment; 
End-Of-Train Devices, and 215, Railroad Freight Car Safety Standards. 
FRA assigned the petition Docket Number FRA-2010-0100.
    Specifically, BRG seeks a modification to its waiver of compliance 
with certain requirements of 49 CFR part 215, and 49 CFR 232.205, Class 
I Brake Test--Initial Terminal Inspection. Presently, BRG's relief 
permits trains transferred by Union Pacific Railroad Company (UP) from 
the US/Mexico border interchange with the Kansas City Southern de 
Mexico Railway (KCSM) at Brownsville, Texas, to move from BRG's 
interchange point with UP at milepost (MP) 4.48 to the BRG inspection 
point between MPs 8.0 and 9.0, where required FRA inspections are 
performed (see Docket Number FRA-2007-28340). Occasionally, trains 
destined for interchange to BRG are delayed at UP's Olmito Yard by 
additional Federal agency inspection activities. BRG is permitted to 
pick up trains at Olmito Yard (in lieu of the interchange point at MP 
4.48) on those occasions and perform the required FRA inspections 
between MPs 8.0 and 9.0 in accordance with its present relief.
    In its petition, BRG requests that the track covered under this 
waiver be extended an additional three miles through the end of the 
Palo Alto Subdivision, which terminates at MP 0.0, and onto BRG's South 
Lead, where the required inspections will be completed between MPs 2.0 
and 3.0, as were previously completed between MPs 8.0 and 9.0 on the 
Palo Alto Subdivision. BRG states that it will adhere to the same 
conditions outlined in FRA's decision letter dated December 18, 2017, 
at the proposed new inspection point.
    In support of its petition, BRG states this waiver would help 
expedite any delays caused by required port of entry inspections and 
other unforeseen delays. The modification would provide capacity to 
process two inbound trains back-to-back, allowing for more efficient 
use of bridge windows. Trains from the KCSM Matamoros Yard to the Port 
of Brownsville (Port) travel less than 25 miles. BRG further states 
that its request will facilitate international trade between the United 
States and Mexico by allowing inbound trains to go directly to the 
Port. The Port is a more secure location to inspect the incoming 
trains, and operational efficiencies are gained by moving the cars 
directly into the serving yard. BRG states that the change will support 
the ongoing extensive growth in the Rio Grande Valley.
    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 March 15, 2021 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. 2021-01947 Filed 1-28-21; 8:45 am]
BILLING CODE 4910-06-P