[Federal Register Volume 88, Number 77 (Friday, April 21, 2023)]
[Notices]
[Page 24656]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-08497]


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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket Number FRA-2020-0033]


Petition for Modification of Waiver of Compliance

    Under part 211 of title 49 Code of Federal Regulations (CFR), this 
document provides the public notice that on March 15, 2023, BNSF 
Railway Company (BNSF) petitioned the Federal Railroad Administration 
(FRA) for an amendment of a waiver of compliance from certain 
provisions of the Federal railroad safety regulations contained at 49 
CFR part 215 (Railroad Freight Car Safety Standards) and 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-2020-0033.
    Specifically, BNSF requests to modify and clarify two of the 
conditions (conditions 2 and 12) on the relief granted by FRA's letter 
dated September 11, 2020.\1\ BNSF proposes to modify condition 2 by 
providing an additional report to FRA ``on the prior week[']s list of 
actual trains that were operated under the waiver.'' BNSF states that 
this additional report would ``provide better clarity for both FRA and 
Labor as they look to audit BNSF processes against this waiver.'' BNSF 
seeks to amend condition 12 by changing the phrase ``originating 
terminal'' to ``the combination location,'' specifying that until 
trains are combined, they are ``only potential waiver candidates.'' In 
support of its request, BNSF states that the modifications would 
support ``transparencey (sic) in the waiver process and continuous 
improvement'' and ``remove any ambiguity or lack of process 
understanding.''
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    \1\ https://www.regulations.gov/document/FRA-2020-0033-0005.
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    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 at http://www.regulations.gov. Follow the online instructions for submitting 
comments.
    Communications received by June 20, 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), the 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. 2023-08497 Filed 4-20-23; 8:45 am]
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