[Federal Register Volume 88, Number 106 (Friday, June 2, 2023)]
[Notices]
[Page 36359]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-11785]


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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket Number FRA-2007-28812]


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 March 24, 
2023, and April 27, 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 parts 215 (Railroad Freight Car Safety 
Standards) and 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-2007-28812.
    Specifically, BNSF requests a waiver extension from 49 CFR 232.205, 
Class 1 brake test--initial terminal inspection, and certain provisions 
of part 215 related to the inspection of trains entering the United 
States from Mexico at Eagle Pass, Texas. BNSF seeks to continue to move 
trains received in interchange from Ferrocarril Mexicano, S.A. (FXE), 
approximately 12 miles outside of the community of Eagle Pass, Texas, 
to the facilities at Ryan's Ruin, Texas, or Horan Siding, where the 
required inspections can be performed. BNSF states that the relief 
``has proven to create a more efficient and safer operating environment 
along the U.S. and Mexico border for over a decade.'' In support of its 
request, BNSF explains that prior to the current relief, trains ``would 
be blocking the international bridge and multiple crossings in Eagle 
Pass.''
    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 are requested by August 1, 2023. Comments received 
after that date will be considered if practicable. FRA reserves the 
right to extend the existing relief subject to subsequent consideration 
of any comments submitted to the docket. 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. 2023-11785 Filed 6-1-23; 8:45 am]
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