[Federal Register Volume 85, Number 102 (Wednesday, May 27, 2020)]
[Notices]
[Pages 31850-31851]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-11338]
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DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
[Docket Number FRA-2020-0033]
Petition for Waiver of Compliance
Under part 211 of title 49 Code of Federal Regulations (CFR), this
document provides the public notice that on April 17, 2020, 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 215, Railroad
Freight Car Safety Standards, and 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-2020-
0033.
Specifically, 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 (Sec. 232.205), Class IA brake test (Sec.
232.207), or have been designated as extended haul trains and are
compliant with all requirements of Sec. 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. It
further states that the relief will allow subsequent separation of 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 trains to be combined
will include both trains operating with head-end locomotives and trains
operating with locomotives equipped with LOCOTROL or Radio Controlled
Distributed Power Technology (DP), which was developed by GE
Transportation Systems. DP technology allows locomotives to be placed
strategically in a train and controlled remotely by a leading
locomotive at the head of the train. Once trains are combined, BNSF
will operate the combined train as a DP train (if it is longer than
10,000 feet) until the train is separated or reaches its destination.
The combined train will be allowed one pick-up and/or set-out with the
inclusion of the separating event, and the air slips for both trains
that were combined will be maintained from the point of combining
through the duration of the trip.
BNSF explains that an additional inspection when combining trains
is redundant because each train to be combined has had a brake test and
inspection and a Sec. 215.13 pre-departure inspection. Further, BNSF
states that the combined train will continue to receive designated
inspection(s) as required or pre-designated prior to the combining
event and that no cars will exceed the
[[Page 31851]]
brake test mileage for which they were originally inspected.
BNSF states that the requested relief will reduce exposure to
potential hazards faced by train crews or mechanical inspectors when
walking both sides of a pre-tested train being combined. It also
contends that the relief will encourage greater utilization of trains
under DP configuration across its network, which may improve engineers'
ability to control in train forces and improves overall braking
characteristics by having multiple locations within a train with cut-in
brake valves. This allows brake pipe reductions to occur simultaneously
at multiple points within a train promoting smoother brake applications
and keeping in train forces at a minimum. These benefits are also
gained with an emergency brake application which propagates more
rapidly when occurring simultaneously from multiple points within the
train.
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 Ave.
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 Ave. SE, W12-140, Washington, DC 20590.
Hand Delivery: 1200 New Jersey Ave. SE, Room W12-140,
Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal Holidays.
Communications received by June 26, 2020 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.
John Karl Alexy,
Associate Administrator for Railroad Safety Chief Safety Officer.
[FR Doc. 2020-11338 Filed 5-26-20; 8:45 am]
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