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###### Department of Transportation

###### Federal Railroad Administration

          - [Docket Number FRA-2017-0116]

                    Under part 211 of Title 49 Code of Federal Regulations (CFR), this document provides the public notice that on November 1, 2017, BNSF Railway (BNSF) petitioned the Federal Railroad Administration (FRA) for a waiver of compliance from certain                           ( print page 52770)                        provisions of the Federal railroad safety regulations contained at Title 49 Code of Federal Regulations (CFR) part 231. FRA assigned the petition Docket Number FRA-2017-0116.                

Pursuant to 49 CFR 231.35, BNSF seeks relief from AAR Standard S-2044, Appendix D1, the approved industry standard for safety appliances for flatcars with full decks. BNSF requests permission to alter Boeing aircraft fuselage flatcars and idler cars by modifying the transverse end and side handhold arrangement at the BL and AR corners of the flatcars. In order to transport the aircraft fuselages safely, the BR and AL side and end handholds will be positioned six (6) inches above the deck of the flatcar which will allow employees to safely utilize the handholds. BNSF states that ergonomic analysis of this arrangement indicates this modification does not compromise rail safety.

                    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 about 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:
    -  Web site: http://www.regulations.gov.                      Follow the online instructions for submitting comments.                
    -  Fax:                      202-493-2251.                
    -  Mail:                      Docket Operations Facility, U.S. Department of Transportation, 1200 New Jersey Avenue SE., W12-140, Washington, DC 20590.                
    -  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 January 3, 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. 2017-24560 Filed 11-13-17; 8:45 am]

 BILLING CODE 4910-06-P