[Federal Register Volume 86, Number 164 (Friday, August 27, 2021)]
[Notices]
[Pages 48292-48293]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-18510]


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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket Number FRA-2018-0049]


Petition for Extension of Waiver of Compliance

    Under part 211 of title 49 Code of Federal Regulations (CFR), this 
document provides the public notice that on August 18, 2021, BNSF 
Railway (BNSF) petitioned the Federal Railroad Administration (FRA) for 
an expansion of a waiver of compliance from certain provisions of the 
Federal railroad safety regulations contained at 49 CFR part 232, Brake 
System Safety Standards for Freight and Other Non-Passenger Trains and 
Equipment; End-Of-Train Devices. The relevant FRA Docket Number is FRA-
2018-0049.
    The existing waiver provides BNSF certain relief from 49 CFR 
232.15, Movement of defective equipment; 49 CFR 232.103(f), General 
requirements for all train brake systems; and 49 CFR 232.213, Extended 
haul trains; and a statutory exemption from the requirements of title 
49, United States Code section 20303. BNSF renews its request to expand 
the scope of the waiver to include coal trains operating over the Pikes 
Peak Subdivision in Colorado and across the Sand Hills Subdivision in 
Nebraska.\1\
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    \1\ BNSF initially requested expansion of the waiver on March 
18, 2021. See https://www.regulations.gov/document/FRA-2018-0049-0018. Public notice of the request was issued on April 5, 2021. See 
https://www.regulations.gov/document/FRA-2018-0049-0021. By letter 
dated May 5, 2021, BNSF requested an initial 30-day hold on 
processing the petition. See https://www.regulations.gov/document/FRA-2018-0049-0022.
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    On April 12, 2019, FRA granted BNSF a test waiver to conduct a 
pilot program on a segment of its system to ``demonstrate that the use 
of wheel temperature detectors to prove brake health effectiveness 
(BHE) will improve safety, reduce risks to employees, and provide cost 
savings to the industry.''
    BNSF asserts the expansion would improve train braking performance 
and safety by reducing brake pipe air losses on all BNSF coal trains 
(particularly important during winter operations), and accomplish the 
following goals:
     Validation of braking performance of BNSF coal trains 
moving south through Colorado and east through Alliance, Nebraska;
     Improvement of the braking performance of individual cars 
identified with cold or hot wheels;
     Increased testing of car brake systems with Automatic 
Single Car Test (ASCT) devices;

[[Page 48293]]

     Increased removal of poor performing brake valves and 
brake system components identified by the ASCT; and
     Generation of additional important data on air brake valve 
performance in a cold weather environment to supplement the program 
started with Northern grain trains.
    BNSF proposes that the processes and parameters would follow all 
conditions of the Southern Transcon intermodal BHE Program but differ 
in that the trains operate as ``cycle trains'' and stay intact in unit 
train operations, similar to the Northern Transcon grain trains.
    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 party 
desires 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.
    Communications received by October 12, 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. 2021-18510 Filed 8-26-21; 8:45 am]
BILLING CODE 4910-06-P