[Federal Register Volume 89, Number 204 (Tuesday, October 22, 2024)]
[Notices]
[Page 84445]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-24454]


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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket Number FRA-2011-0085]


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 on August 29, 2024, 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 part 213 (Track Safety Standards). The relevant Docket Number is 
FRA-2011-0085.
    Specifically, BNSF seeks an extension of relief from Sec.  
213.109(d)(9), Crossties, and Sec.  213.317, Rail fastening systems, to 
allow BNSF to continue using ``three-quarter'' concrete crossties at 
certain locations. The current waiver ``permits BNSF to operate trains 
on concrete crossties in which both rail seats are intact, but only one 
rail seat permits rail fastening as required under the above-cited 
regulations.'' The crossties must be repositioned ``end-for-end, so 
both rails are secured at every other rail seat.''
    BNSF stated, in support of its request, that BNSF has maintained an 
inventory of locations where these crossties are installed and, when 
replacing these crossties for normal maintenance, brought the locations 
into compliance with the appropriate regulations. Additionally, BNSF 
noted that since the issuance of the waiver, no derailments caused by 
the crossties have occurred on the subject track segments. BNSF added 
that no passenger trains operate over the subject locations.
    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 December 23, 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. 2024-24454 Filed 10-21-24; 8:45 am]
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