[Federal Register Volume 89, Number 153 (Thursday, August 8, 2024)]
[Notices]
[Pages 65009-65010]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-17565]


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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket Number FRA-2016-0086]


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 letter received June 3, 
2024, BNSF Railway Company (BNSF) petitioned the Federal Railroad 
Administration (FRA) to extend the existing test waiver of compliance 
in Docket Number FRA-2016-0086. The existing relief in this docket 
provides BNSF, CSX Transportation (CSX), and Kansas City Southern 
Railway (now known as CPKC) conditional relief from certain provisions 
of the Federal railroad safety regulations contained at 49 CFR parts 
232 (Brake System Safety Standards for Freight and Other Non-Passenger 
Trains and Equipment; End-Of-Train Devices), and 229 (Railroad 
Locomotive Safety Standards). Specifically, the existing relief allows 
the railroads to test extending the air flow method (AFM) test 
intervals from

[[Page 65010]]

92 days to 184 days on locomotives equipped with the New York Air Brake 
(NYAB) CCB-II and Fastbrake air brake systems.
    In support of its request, BNSF states that ``throughout the life 
of th[e] waiver, the data collected and reported to the FRA has 
conclusively established that the AFM indicator can successfully and 
safely maintain calibration setting for a period of at least 184 
days,'' citing that in a period measured from June to December 2023, 
``98% of BNSF's AFM indicators have tested as in-calibration at the 
184-day mark.'' BNSF also notes that the relief ``has crucially enabled 
alignment between the AFM indicator-calibration interval and the 
interval for federally mandated periodic locomotive inspections,'' as 
well as additional safety benefits described in the request.
    In this petition, BNSF notes that it also seeks to transition this 
waiver to a permanent waiver in the future, but at this time, is 
requesting a five-year extension.
    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 www.regulations.gov. 
Follow the online instructions for submitting comments.
    Communications received by October 7, 2024 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 the U.S. Department of 
Transportation's (DOT) 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. 2024-17565 Filed 8-7-24; 8:45 am]
BILLING CODE 4910-06-P