80 FR 18292 - Petition for Waiver of Compliance and Notice of Public Hearing

DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration

Federal Register Volume 80, Issue 64 (April 3, 2015)

[Federal Register Volume 80, Number 64 (Friday, April 3, 2015)]
[Notices]
[Pages 18292-18293]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-07656]


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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket Number FRA-2006-24812]


Petition for Waiver of Compliance and Notice of Public Hearing

    In accordance with part 211 of Title 49 Code of Federal Regulations 
(CFR), this document provides the public notice that by a document 
dated February 6, 2015, BNSF Railway (BNSF), has petitioned the Federal 
Railroad Administration (FRA) for an extension of and modification to 
its 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. Specifically, BNSF requests to extend the mileage limits 
specified for certain designated extended haul trains (see 49 CFR 
232.213, Extended haul trains). FRA assigned the petition Docket Number 
FRA-2006-24812.
    In its petition, BNSF states that it has a history of successfully 
running trains under the existing waiver in Docket Number FRA-2006-
24812, and under the conditions of the temporary waiver granted in 
Docket Number FRA-2014-0070. BNSF states that it safely conducted 
thousands of loadings and millions of ton-miles with a defect ratio 
nearly identical to that of traditional operations since the first 
waiver was implemented in 2006. Based on the important benefits to 
safety and network fluidity associated with the successful 
implementation of the temporary 1,800-mile inspection waiver (Docket 
Number FRA-2014-0070) and BNSF's extensive history running extended 
haul trains under both waivers, BNSF would like to continue and 
modestly extend the current BNSF waiver in Docket Number FRA-2006-24812 
to 1,702 miles, from the current mileage of 1,603. BNSF states that 
this modest 99-mile increase in distance to 1,702 miles would afford a 
substantial portion of the benefits identified at the 1,800-mile 
distance. The incremental increase of 99 miles would allow for 68.2 
percent of the coal and grain trains currently operating under the 
waiver in FRA-2014-0070 to be added to BNSF's waiver in FRA-2006-24812.
    BNSF believes that the current waiver petition is consistent with 
meeting FRA's safety focus and is appropriate for National commerce 
concerns. This petition would be for current grain and coal trains 
operating within BNSF's network currently running at less than 1,702 
miles between designated extended haul inspection points. The BNSF 
trains included in this request operate the very same type of equipment 
as the existing waiver trains. BNSF states it is very confident that 
slightly increasing the length of the extended haul inspection points 
on these trains listed will have no adverse impact on safe operations.
    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. In addition, FRA has 
determined that the facts of this proceeding warrant a public hearing. 
Accordingly, a hearing is hereby scheduled to begin at 10:00 a.m. on 
May 21, 2015, at the Alliance Public Library, 1750 Sweetwater Avenue, 
Alliance, NE 69301. Interested parties are invited to present oral 
statements at this hearing. For information on facilities or services 
for persons with disabilities, or to request special assistance at the 
hearing, contact Mr. Steven Zuiderveen, FRA Railroad Safety Specialist, 
by telephone, email, or in writing, at least 5 business days before the 
date of the hearing. Mr. Zuiderveen's contact information is as 
follows: FRA, Office of Railroad Safety, Mail Stop 25, 1200 New Jersey 
Avenue SE., Washington, DC 20590; (202) 493-6337; 
[email protected]. The informal hearing will be conducted by a 
representative designated by FRA in accordance with FRA's Rules of 
Practice (see specifically 49 CFR 211.25). FRA's representative will 
make an opening statement outlining the scope of the hearing, as well 
as any additional procedures for the conduct of the hearing. The 
hearing will be a nonadversarial proceeding in which all interested 
parties will be given the opportunity to express their views regarding 
the waiver petition without cross examination. After all initial 
statements have been completed, those individuals wishing to make brief 
rebuttal statements will be given an opportunity to do so.
    In addition, FRA is extending the comment period for this waiver 
petition to June 21, 2015, to allow adequate time for any additional 
comments to be submitted following the public hearing on May 17, 2015.
    Communications received by that date will be considered by FRA 
before final action is taken. Comments received after that date will be 
considered as far as practicable. 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.

[[Page 18293]]

and 5 p.m., Monday through Friday, except Federal Holidays.
    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.). 
In accordance with 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 www.dot.gov/privacy. See also http://www.regulations.gov/#!privacyNotice for the 
privacy notice of regulations.gov.

    Issued in Washington, DC, on March 31, 2015.
Ron Hynes,
Director, Office of Technical Oversight.
[FR Doc. 2015-07656 Filed 4-2-15; 8:45 am]
 BILLING CODE 4910-06-P