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[Federal Register Volume 89, Number 224 (Wednesday, November 20, 2024)]
[Notices]
[Page 91883]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-26999]

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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket Number FRA-2019-0064]

Petition for Extension and Modification of Waiver of Compliance

    Under part 211 of title 49 Code of Federal Regulations (CFR), this 
document provides the public notice that by letters dated August 27, 
2024, and October 15, 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 232 (Brake System Safety Standards 
for Freight and Other Non-Passenger Trains and Equipment; End-of-Train 
Devices). BNSF also petitioned to add three locations to the waiver: 
Auburn, Washington; Lincoln, Nebraska; and Missoula, Montana. The 
relevant Docket Number is FRA-2019-0064.
    Specifically, BNSF requests to renew the existing waiver from 49 
CFR 232.305(b)(2), Single car air brake tests, which permits BNSF to 
change the repair track designation (per Sec.  232.303, General 
requirements) so that the track on which in-train wheel replacements 
are performed is not designated a shop or repair track. Accordingly, a 
single car air brake test (SCABT) is not required on each car 
undergoing an in-train wheelset replacement, but BNSF proposes to 
perform a SCABT on any car with an FRA-condemnable wheel defect as 
defined in Sec.  232.303(b)(5). The relief currently applies to 
specific yard tracks for wheelset replacement at three BNSF facilities: 
Newton, Kansas; Kansas City, Kansas; and Temple, Texas. BNSF seeks to 
expand the waiver to apply to Auburn, Washington; Lincoln, Nebraska; 
and Missoula, Montana, as well.
    In support of its request, BNSF stated that the program ``has 
significantly reduced the number of wheels in service with elevated kip 
impact readings, which, in turn has a long-term positive impact on rail 
integrity.'' Additionally, BNSF explained that ``by using [Wheel Impact 
Load Detectors] and replacing wheelsets with relatively minor defects, 
BNSF has replaced significantly more wheelsets than required by FRA 
regulations.''
    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 January 21, 2025 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. 2024-26999 Filed 11-19-24; 8:45 am]
BILLING CODE 4910-06-P
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