
[Federal Register Volume 78, Number 26 (Thursday, February 7, 2013)]
[Notices]
[Pages 9107-9108]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-02769]


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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket Number FRA-2006-24812]


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 July13, 2012, the BNSF Railway (BNSF) has 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-2006-24812.
    BNSF seeks a waiver of compliance from certain requirements of 49 
CFR part 232. Specifically, BNSF requests to expand the scope of the 
existing waiver that granted relief from the maximum mileage and 
inspection requirements specified by 49 CFR 232.213--Extended haul 
trains, for certain trains identified in Exhibit A to its July 13, 
2012, petition. These trains originate at various Powder River Basin 
coal mines and terminate at the following locations: Isugen, NE; 
Becker, MN; Breckenridge, MN; Dilworth, MN; Harrington, TX; and 
Holcomb, KS.
    Given the increased demand for coal by the utility industry, BNSF 
believes that granting this relief will relieve congestion while 
maintaining high-quality inspections. The railroad also believes that 
the waiver's expanded scope will not compromise railroad safety.
    In support of the expanded scope of the existing waiver, BNSF's 
petition further states that the additional extended haul trains 
modestly exceed the 1,500-mile extended haul threshold. As the trains 
covered by this request are the very same type of equipment as the 
trains that are presently subject to this waiver, BNSF believes that 
there is no anticipated deviation from the current high level of 
safety.
    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

[[Page 9108]]

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 March 25, 2013 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 February 4, 2013.
Robert C. Lauby,
Deputy Associate Administrator for Regulatory and Legislative 
Operations.
[FR Doc. 2013-02769 Filed 2-6-13; 8:45 am]
BILLING CODE 4910-06-P


