83 FR 30214 - Petition for Waiver of Compliance

DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration

Federal Register Volume 83, Issue 124 (June 27, 2018)

[Federal Register Volume 83, Number 124 (Wednesday, June 27, 2018)]
[Notices]
[Page 30214]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-13826]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket Number FRA-2001-10660]


Petition for Waiver of Compliance

    Under part 211 of Title 49 Code of Federal Regulations (CFR), this 
document provides the public notice that on May 29, 2018, BNSF Railway 
(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 218. FRA assigned the 
petition Docket Number FRA-2001-10660.
    FRA granted BNSF a waiver of certain provisions of 49 CFR part 218 
on May 6, 2002. Subsequently, FRA extended the waiver in 2007 and 2012. 
BNSF is currently petitioning for a renewal of this waiver for relief 
from the requirements in 49 CFR 218.22(c)(5). Specifically, BNSF seeks 
to permit train crew members, yard crew members, and utility employees 
to remove and replace batteries in two-way end-of-train (EOT) devices, 
while the EOT device is in place on the rear of the train to which the 
individual has been assigned, without establishing any blue signal 
protection.
    In its petition, BNSF states such relief would provide several 
safety benefits. First, BNSF contends the safety of train service 
employees and utility employees will be enhanced by reducing the time 
such employees are performing a safety sensitive task by eighty 
percent. Second, train service employees and utility employees will 
lift and handle significantly lighter loads. The ``Smartpack'' 
batteries currently used by BNSF weigh 10.1 pounds or less as opposed 
to a PULSE EOT device unit weighing 32-34 pounds.
    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 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:

     Website: 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 August 13, 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. 2018-13826 Filed 6-26-18; 8:45 am]
 BILLING CODE 4910-06-P