[Federal Register Volume 89, Number 182 (Thursday, September 19, 2024)]
[Notices]
[Page 76912]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-21397]


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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket Number FRA-2018-0049]


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 dated August 1, 
2024, BNSF Railway (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 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-2018-0049.
    Specifically, BNSF requests to extend the existing waiver, which 
provides BNSF certain relief from 49 CFR 232.15, Movement of defective 
equipment; 49 CFR 232.103(f), General requirements for all train brake 
systems; and 49 CFR 232.213, Extended haul trains; and a statutory 
exemption from the requirements of title 49, United States Code section 
20303.\1\ BNSF stated that the waiver supports BNSF's Brake Health 
Effectiveness (BHE) program, which ``increases the safety and 
efficiency of BNSF's operations by using thermal detector technology 
that can gather significantly more data about the health of train 
brakes than can be collected from the visual inspections required by 
existing regulations.'' The existing relief applies to trains operating 
on several locations on BNSF's Southern Transcon and Northern 
Intermodal routes.\2\
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    \1\ By letter dated August 18, 2021, BNSF submitted a request to 
expand the scope of the waiver to include coal trains operating over 
the Pikes Peak Subdivision in Colorado and across the Sand Hills 
Subdivision in Nebraska. See https://www.regulations.gov/document/FRA-2018-0049-0024. That request is pending.
    \2\ These routes are listed in condition 1 of FRA's decision 
letter dated November 12, 2020. See https://www.regulations.gov/document/FRA-2018-0049-0017.
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    In support of its request, BNSF explained that data from the BHE 
program has demonstrated ``improved safety performance of brake 
systems'' across the BNSF network. The program has also ``increased 
employee safety by eliminating the potential for injury to inspection 
personnel due to slips, trips, or falls when performing intermediate 
brake tests or when setting out or repairing cars outside of mechanical 
or yard limits.'' Additionally, BNSF noted that the BHE program is 
supported by BNSF's union partners, specifically the Brotherhood of 
Railway Carmen, who has worked closely with BNSF.
    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 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 at www.regulations.gov. 
Follow the online instructions for submitting comments.
    Communications received by November 18, 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 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. 2024-21397 Filed 9-18-24; 8:45 am]
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