90 FR 89 pgs. 19781-19782 - Notice of Petition for Extension of Waiver of Compliance
Type: NOTICEVolume: 90Number: 89Pages: 19781 - 19782
Pages: 19781, 19782Docket number: [Docket Number FRA-2020-0033]
FR document: [FR Doc. 2025-08197 Filed 5-8-25; 8:45 am]
Agency: Transportation Department
Sub Agency: Federal Railroad Administration
Official PDF Version: PDF Version
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DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
[Docket Number FRA-2020-0033]
Notice of Petition for Extension of Waiver of Compliance
AGENCY:
Federal Railroad Administration (FRA), Department of Transportation (DOT).
ACTION:
Notice.
SUMMARY:
This document provides the public notice that BNSF Railway Company (BNSF) petitioned FRA for relief from certain regulations concerning inspections when combining and separating trains.
DATES:
FRA must receive comments on the petition by June 9, 2025. FRA will consider comments received after that date to the extent practicable.
ADDRESSES:
Comments: Comments related to this docket may be submitted by going to https://www.regulations.gov and following the online instructions for submitting comments.
Instructions: All submissions must include the agency name and docket number. All comments received will be posted without change to https://www.regulations.gov; this includes any personal information. Please see the Privacy Act heading in the SUPPLEMENTARY INFORMATION section of this document for Privacy Act information related to any submitted comments or materials.
Docket: For access to the docket to read background documents or comments received, go to https://www.regulations.gov and follow the online instructions for accessing the docket.
FOR FURTHER INFORMATION CONTACT:
Steven Zuiderveen, Railroad Safety Specialist, FRA Motive Power & Equipment Division, telephone: 202-493-6337, email: steven.zuiderveen@dot.gov .
SUPPLEMENTARY INFORMATION:
Under part 211 of title 49 Code of Federal Regulations (CFR), this document provides the public notice that by letter received March 11, 2025, BNSF petitioned FRA for an extension of a waiver of compliance from certain provisions of the Federal railroad safety regulations contained at 49 CFR part 215 (Railroad Freight Car Safety Standards). FRA assigned the petition Docket Number FRA-2020-0033.
BNSF requests relief from 49 CFR 215.13, Pre-departure inspection, which requires an inspection when combining two separate consists including one or more cars and one or more locomotives that have been properly inspected and tested in compliance with all applicable regulations, meaning that both consists have had a Class I brake test (§?232.205), Class IA brake test (§?232.207), or have been designated as extended haul trains and are compliant with all requirements of §?232.213. BNSF states that the requested relief will allow combining two existing and operating trains without additional inspections, besides a Class III brake test. BNSF further explains that the relief will allow subsequent separation of one train into two trains without additional inspections, besides a Class III brake test, provided that a record of the original consist remains intact.
In support of its petition, BNSF states that "data gathered over the course of the waiver period to date shows that trains operating under the waiver experience at least equivalent safety outcomes as similarly situated trains." BNSF explains that an additional part 215 inspection when combining trains is redundant because each train to be combined has had a brake test and inspection and a §?215.13 pre-departure inspection. Further, BNSF notes that the requested relief will reduce exposure to potential walking hazards faced by train crews or mechanical inspectors and opportunities for an employee to inadvertently foul a track. Finally, BNSF suggests that "the waiver encourages greater utilization of Distributed Power (DP), which reduces in-train forces and improves braking performance."
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.
Communications received by June 9, 2025 will be considered by FRA before final action is taken. Comments received after that date will be considered if practicable.
Privacy Act
Anyone can search the electronic form of any written communications and comments received into any of FRA's 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 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 .
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Issued in Washington, DC.
John Karl Alexy,
Associate Administrator for Railroad Safety, Chief Safety Officer.
[FR Doc. 2025-08197 Filed 5-8-25; 8:45 am]
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