[Federal Register Volume 79, Number 154 (Monday, August 11, 2014)]
[Notices]
[Pages 46901-46902]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-18908]
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DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
[Docket Number FRA-2014-0075]
Petition for Waiver of Compliance
In accordance with Part 211 of Title 49 Code of Federal Regulations
(CFR), this document provides the public notice that by a document
dated July 18, 2014, BNSF Railway Company (BNSF) petitioned the Federal
Railroad Administration (FRA) for 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. FRA assigned the
petition Docket Number FRA-2014-0075.
Specifically, BNSF seeks a waiver of compliance from 49 CFR 232.15,
Movement of defective equipment. The current rule provides that ``a
railroad car or locomotive with one or more conditions not in
compliance with this part may be used or hauled without civil penalty
liability under this part only if all of the following conditions are
met [including] the location to which the car or locomotive is being
taken for repair is the nearest available location where necessary
repairs can be performed on the line of the railroad where the car or
locomotive was first found to be defective.'' BNSF requests relief to
allow it to operate single cars with air brakes cut out and a crew
inspection through to the destination or the next inspection point as
opposed to the current ``nearest available location where necessary
repairs can be performed.''
BNSF states that it firmly believes that granting the requested
relief will not
[[Page 46902]]
negatively impact safety, and will actually improve the safety and
working conditions of BNSF employees who are conducting these setouts
on line and making the field repairs. By granting this request, these
cars, which do not compromise the safety of the operating train once
the air is cut out and they have been evaluated by the crews, will move
to locations where BNSF facilities are designated to perform quality
repairs and where such repairs are routinely made; thus removing the
variability and exposure to risks associated with performing the
inspections and repairs in less than ideal field conditions.
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 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, 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 September 10, 2014 will be considered by
FRA before final action is taken. Comments received after that date
will be considered as far as practicable.
Anyone is able to 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.).
See http://www.regulations.gov/#!privacyNotice for the privacy notice
of regulations.gov or interested parties may review DOT's complete
Privacy Act Statement in the Federal Register published on April 11,
2000 (65 FR 19477).
Issued in Washington, DC, on August 5, 2014.
Ron Hynes,
Director, Office of Safety Assurance and Compliance.
[FR Doc. 2014-18908 Filed 8-8-14; 8:45 am]
BILLING CODE 4910-06-P