[Federal Register Volume 88, Number 64 (Tuesday, April 4, 2023)]
[Notices]
[Pages 20016-20017]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-06991]


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

DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket Number FRA-2011-0074]


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 by letters dated November 18, 
2022; February 2, 2023; and March 17, 2023, BNSF Railway Company (BNSF) 
petitioned the Federal Railroad Administration (FRA) for an extension 
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 Docket Number is FRA-
2011-0074.
    Specifically, BNSF requests to continue using its software 
technology, Air Brake System Virtual Training Environment (ABSVTE), to 
implement a virtual three-dimensional simulation as an alternative to 
satisfy the ``hands-on'' portion of periodic refresher training 
required by Sec.  232.203(b)(8).\1\ Refresher training is required at 
intervals not to exceed 3 years and must consist of classroom and 
hands-on training, as well as testing.
---------------------------------------------------------------------------

    \1\ BNSF's November 18, 2022, petition requested both an 
extension of the current relief and a modification to apply the 
relief in a self-directed, wholly virtual environment. However, 
BNSF's February 2, 2023, petition withdrew the request for 
modification of the relief but reaffirmed its request for an 
extension of the existing relief.
---------------------------------------------------------------------------

    In support of its petition, BNSF explains that the ABSVTE 
``provides a more comprehensive environment for knowledge transfer and 
assessment than traditional hands-on brake inspection training.'' BNSF 
asserts that the virtual training: (1) can ``provide training on every 
railcar type;'' (2) can ``simulate the presence of a broad spectrum of 
mechanical defects;'' (3) ``ensure[s] accuracy of employee 
observations'' and ``provide feedback to the employee;'' and (4) allows 
training to be conducted ``without exposing employees to walking 
hazards or other potential injury exposures.'' BNSF notes that the 
``rate of [rail equipment incidents] caused by car mechanical defects 
per one million car-miles has continued on a downward trajectory since 
BNSF began providing training under the waiver.''
    A copy of the petition, as well as any written communications 
concerning the petition, is available for review online at 
www.regulations.gov.

[[Page 20017]]

    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 at http://www.regulations.gov. Follow the online instructions for submitting 
comments.
    Communications received by June 5, 2023 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), U.S. Department of Transportation (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. 2023-06991 Filed 4-3-23; 8:45 am]
BILLING CODE 4910-06-P