[Federal Register Volume 86, Number 128 (Thursday, July 8, 2021)]
[Notices]
[Pages 36178-36179]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-14535]


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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 June 15, 2021, BNSF Railway

[[Page 36179]]

Company (BNSF) petitioned the Federal Railroad Administration (FRA) to 
modify a waiver of compliance that provides relief from certain 
provisions of the Federal railroad safety regulations contained at 49 
CFR part 213. FRA previously assigned the waiver Docket Number FRA-
2020-0064.
    BNSF's existing waiver identified two territories, the Powder River 
Territory, and the Southern Transcon Territory, where 49 CFR 213.233 
visual track inspection requirements are replaced with a combination of 
performance-based automated and visual inspections. Automated 
inspections are performed by Unmanned Automated Track Geometry Cars 
every 12 million gross tons, not exceeding four weeks between tests, 
and visual inspections are performed either twice per month, weekly, or 
three times per week, based on risk model calculations made weekly for 
each track segment.
    BNSF is requesting to expand the scope of the waiver by adding two 
additional territories. First, BNSF requests to incorporate their Orin 
Subdivision, a 395-track mile line running from Donkey Creek Junction, 
Wyoming, to Bridger Junction, Wyoming, into the existing Powder River 
Territory. In support of this request, BNSF states that the 
operational, traffic mix, and weather characteristics of the Orin 
Subdivision are similar to the other subdivisions of the Powder River 
Territory.
    Second, BNSF requests to add a new territory to the waiver, their 
Northern Transcon Route. This 4,322-track mile line runs from Chicago, 
Illinois, to Seattle, Washington. In support of this request, BNSF 
references their 2020 geometry defect rates along the route as lower 
(safer) than the rates of the Southern Transcon Territory.
    In support of its petition, BNSF references data and analysis from 
their Track Inspection Test Program, Docket Number FRA-2018-0091, and 
data and analysis already available in Docket Number FRA-2020-0064. 
BNSF states that all requirements of the waiver have been met during 
implementation on the Powder River Territory and Southern Transcon 
Territory. BNSF contends there are no unique characteristics of the 
Northern Transcon Route or Orin Subdivision that would prevent BNSF's 
successful implementation of the existing relief over those additional 
territories. BNSF concludes that adding the two new territories will 
result in net safety benefits for those territories due to the 
increased geometry inspections and data-driven visual inspections.
    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 August 23, 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/privacy-notice for the privacy notice of regulations.gov.

    Issued in Washington, DC.
John Karl Alexy,
Associate Administrator for Railroad Safety, Chief Safety Officer.
[FR Doc. 2021-14535 Filed 7-7-21; 8:45 am]
BILLING CODE 4910-06-P