[Federal Register Volume 83, Number 119 (Wednesday, June 20, 2018)]
[Notices]
[Pages 28757-28758]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-13218]


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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket Number FRA-2018-0049]


Petition for Waiver of Compliance

    Under part 211 of Title 49 Code of Federal Regulations (CFR), this 
document provides the public notice that on May 29, 2018, BNSF Railway 
(BNSF) petitioned the Federal Railroad Administration (FRA) for a 
waiver of compliance from certain provisions of the Federal railroad 
safety regulations contained at 49 CFR 232.213, 232.15, and 232.103(f). 
In addition, BNSF requests an exemption from the requirements of Title 
49, United States Code (U.S.C.), section 20303, which prohibits the 
movement of a rail vehicle with defective or insecure equipment beyond 
the nearest available place at which the repairs can be made. See 49 
U.S.C. 20306. FRA assigned the petition Docket Number FRA-2018-0049.
    Specifically, BNSF petitions FRA to conduct a pilot program on a 
segment of their system to ``demonstrate that the use of wheel 
temperature detectors (WTD) to prove brake health effectiveness (BHE) 
will improve safety, reduce risks to employees, and provide cost 
savings to the industry.'' Currently, the effectiveness of railroad 
brake systems is verified by Class I initial terminal and Class IA 
intermediate brake tests. BNSF proposes to supplement these visual 
inspections with a wayside WTD, a device designed to directly measure 
the rise in wheel temperatures because of a brake application. BNSF 
asserts that such a measure of performance is objective, quantifiable, 
and independent of conditions that can impair a visual inspection; such 
as weather, lighting, human fatigue, or human error.
    BNSF states that a monitoring system using WTD data as an 
alternative to the intermediate brake inspections is expected to 
substantially improve the reliability of brake inspections, reduce on-
line setouts, and increase faulty part replacement, to improve the 
safety performance of brake systems overall. BNSF plans to use 
pyrometer sensors, a technology also used for hot wheel

[[Page 28758]]

detection, to measure the surface temperature of each wheel passing the 
detector. Using data analysis algorithms, these temperature 
measurements determine whether brakes on each axle and brake valve of a 
car is applying when they should, and not applying when they should 
not. A comparison to a baseline non-braking measurement against the 
brake site measurement would be used to identify wheels with abnormal 
brake readings for subsequent inspection, troubleshooting, and repair. 
BNSF explains that its Safety Assurance Plan (SAP) describes how its 
WTD system provides for each safety element required by the Class I and 
Intermediate Brake Tests, outlines the level of brake system 
performance that is expected from using the WTD and algorithms, and 
describes how data will be collected to demonstrate that this level of 
safety has been achieved.
    BNSF proposes to conduct a pilot program on extended haul, revenue-
service unit intermodal trains, operating between facilities in 
California and Chicago, IL. These intermodal trains operate intact with 
up to 1,702 miles between brake tests. Each test train will receive a 
Class I brake test and predeparture test at the intermodal facility in 
California or Chicago. In-route trains will pass WTD monitors located 
both east and west of Belen, NM, to record braking performance through 
power braking events. During this proposed pilot program, a minimum of 
95 percent of brake valves in a train will be required to have 
``qualified'' brakes between inspection points, meaning a brake valve 
produces a wheel temperature statistically different from the baseline 
test before braking is initiated. If there is any doubt about WTD 
system performance, reliability, and data quality; or fewer than 95 
percent of the brake valves in the consist that have qualified brakes 
as verified by the automated WTD system, a manual intermediate 
inspection will be performed at the designated inspection point. Class 
I inspections and other operational and regulatory inspections will 
continue to be performed, and any defects discovered by the Class I 
brake test will be repaired before the car is approved to leave the 
original terminal.
    Additionally, BNSF explains that it uses dragging equipment 
detectors, hot wheel detectors, and hot box detectors to monitor 
equipment that may have brakes not properly releasing, handbrakes left 
on, or incorrect retainer valve positions. BNSF states that preliminary 
tests conducted with the WTD system indicate that cars with ineffective 
brakes are identified at a significantly higher rate than intermediate 
brake tests. During the pilot test period, specific car repair data 
resulting from abnormal brake detections will be analyzed to establish 
the effectiveness of the WTD compared to manual inspections.
    FRA may grant an exemption from the requirements of 49 U.S.C. 20303 
only on the basis of (1) evidence developed at a hearing; or (2) an 
agreement between national railroad labor representatives and the 
developer of the equipment or technology at issue. 49 U.S.C. 20306. In 
support of its request for an exemption from 49 U.S.C. 20303, BNSF 
notes that the public hearing FRA previously held to address a similar 
request for exemption from the Union Pacific Railroad (Docket Number 
FRA-2016-0018) addresses substantially the same issues as its current 
request. Thus, BNSF asserts a separate public hearing on its current 
request is unnecessary. FRA agrees and in considering BNSF's request in 
this docket, FRA intends to rely on the findings of the hearing 
conducted in Docket Number FRA-2016-0018.
    A copy of the petition, as well as any written communications 
concerning the petition, is available for review online at 
www.regulations.gov and in person at the U.S. Department of 
Transportation's (DOT) Docket Operations Facility, 1200 New Jersey 
Avenue SE, W12-140, Washington, DC 20590. The Docket Operations 
Facility is open from 9 a.m. to 5 p.m., Monday through Friday, except 
Federal Holidays.
    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 parties 
desire 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:
    <bullet> Website: http://www.regulations.gov. Follow the online 
instructions for submitting comments.
    <bullet> Fax: 202-493-2251.
    <bullet> Mail: Docket Operations Facility, U.S. Department of 
Transportation, 1200 New Jersey Avenue SE, W12-140, Washington, DC 
20590.
    <bullet> Hand Delivery: 1200 New Jersey Avenue SE, Room W12-140, 
Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, 
except Federal Holidays.
    Communications received by July 20, 2018 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/privacyNotice for the 
privacy notice of regulations.gov.

    Issued in Washington, DC.
Robert C. Lauby,
Associate Administrator for Railroad Safety, Chief Safety Officer.
[FR Doc. 2018-13218 Filed 6-19-18; 8:45 am]
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