88 FR 116 pg. 39506 - Petition for Extension of Waiver of Compliance

Type: NOTICEVolume: 88Number: 116Page: 39506
Docket number: [Docket Number FRA-2006-24812]
FR document: [FR Doc. 2023-12929 Filed 6-15-23; 8:45 am]
Agency: Transportation Department
Sub Agency: Federal Railroad Administration
Official PDF Version:  PDF Version
Page: 39506

[top] page 39506

DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket Number FRA-2006-24812]

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 letters received on April 19, 2023, and May 4, 2023, 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-2006-24812.

Specifically, BNSF requests a waiver extension from 49 CFR 232.213, Extended haul trains, to continue operating extended haul trains for distances of up to 1,702 miles, beyond the limit of 1,500 miles stated in the regulation. In support of its request, BNSF states that it maintains a 24-hour hotline to "support FRA in identification of active trains operating under this waiver and answer any operational questions." BNSF further states that "operations under this waiver have reduced risk exposure for personal injuries involving walking and driving vehicles during inspections on every train under this waiver." BNSF explains the relief has also "improved upon crew rest and eliminated 1,000s of hours of idle time[,] resulting in noise reduction and reduced pollutant[s]."

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 party desires 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 http://www.regulations.gov. Follow the online instructions for submitting comments.

Communications received by August 15, 2023 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), the U.S. Department of Transportation (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. 2023-12929 Filed 6-15-23; 8:45 am]

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