[Federal Register Volume 78, Number 6 (Wednesday, January 9, 2013)]
[Notices]
[Pages 1934-1935]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-00223]


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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket Number FRA-2012-0091]


Petition for Waiver of Compliance

    In accordance with Part 211 of Title 49 Code of Federal Regulations 
(CFR), this document provides the public notice that by a letter dated 
November 15, 2012, BNSF Railway (BNSF), has petitioned the Federal 
Railroad Administration (FRA) for 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

[[Page 1935]]

Other Non-Passenger Trains and Equipment; End-of-Train Devices. FRA 
assigned the petition Docket Number FRA-2012-0091.
    BNSF seeks relief with respect to the application of certain 
provisions of 49 CFR part 232. Specifically, BNSF seeks relief from 49 
CFR Sections 232.205(c)(1)--Class I brake test-initial terminal 
inspection and 232.207(b)(1)--Class IA brake tests--1,000-mile 
inspection for trains operating in distributive power mode. BNSF 
requests to extend the maximum allowable brake pipe air flow from the 
present rule of 60 cubic feet per minute (CFM) to 90 CFM for 
distributed power-equipped trains under specified operating conditions.
    Canadian railroads have operated with the higher air flow of 90 CFM 
on distributed power trains for the past 2 years. Recently, BNSF 
conducted demonstration testing in Great Falls, MT, for air flows 
between 60 and 90 CFM; a summary of which has been submitted to this 
docket. BNSF states that these tests confirmed brake propagation rates 
comparable to the rates achieved by Canadian Pacific Railway and 
Canadian National Railway in their experience operating high CFM air 
flow trains. Based upon the successful outcome of its test, and the 
operational experience of the Canadian railroads, BNSF petitions FRA to 
permit operation at higher air flow levels for trains operating in 
distributive power mode under the operating conditions specified in its 
petition.
    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 party 
desires an opportunity for oral comment, 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> Web site: 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 February 25, 2013 will be considered by 
FRA before final action is taken. Comments received after that date 
will be considered as far as practicable.
    Anyone is able to 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 comment, 
if submitted on behalf of an association, business, labor union, etc.). 
You may review DOT's complete Privacy Act Statement in the Federal 
Register published on April 11, 2000 (Volume 65, Number 70; Pages 
19477-78), or online at http://www.dot.gov/privacy.html.

    Issued in Washington, DC, on December 17, 2012.
Robert C. Lauby,
Deputy Associate Administrator for Regulatory and Legislative 
Operations.
[FR Doc. 2013-00223 Filed 1-8-13; 8:45 am]
BILLING CODE 4910-06-P