
[Federal Register: June 5, 2009 (Volume 74, Number 107)]
[Notices]               
[Page 27061-27062]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr05jn09-90]                         

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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

 
Petition for Waiver of Compliance

    In accordance with Part 211 of Title 49 Code of Federal Regulations 
(CFR), notice is hereby given that the Federal Railroad Administration 
(FRA) received a request for a waiver of compliance from certain 
requirements of its safety standards. The individual petition is 
described below, including the party seeking relief, the regulatory 
provisions involved, the nature of the relief being requested, and the 
petitioner's arguments in favor of relief.

BNSF Railway

[Docket Number FRA-2008-0032]

    The BNSF Railway (BNSF) seeks a waiver of compliance from certain 
provisions of 49 CFR Part 232, Brake System Safety Standards for 
Freight and Other Non-Passenger Trains and Equipment. Specifically, 
they are requesting a waiver from the requirements for performing the 
single car air brake test as prescribed in 49 CFR 232.305(b)(2), ``A 
railroad shall perform a single car air brake test on a car when * * * 
a car is on a shop or repair track, as defined in 232.303(a), for any 
reason and has not received a single car air brake test within the 
previous 12-month period.''
    BNSF requests that the single car air brake tests be waived for the 
replacement of wheels, as this would allow for the efficient systemwide 
removal and replacement of damaged wheels to include high-impact 
wheels. BNSF would like to perform these repairs in-train on cars in 
yards across their system without having to perform a single car air 
brake test on such cars. BNSF contends this practice would be 
consistent with the regulatory exception provided in 49 CFR 
232.303(a)(2), which states that wheel change-outs on intermodal 
loading ramps are not defined as ``major repairs,'' and therefore 
excepts such intermodal ramps from the definition of a shop or repair 
track, which excepts such wheel change-outs from single car air brake 
tests.
    BNSF further contends that the removal and replacement of wheels 
does not affect the brake system and believes that subjecting these 
cars to single car air brake requirements is unnecessary. BNSF states 
that by granting this request, they will be able to process more wheel 
change-outs, thereby increasing the ability to make these safety 
improvements. BNSF does not believe that granting this waiver will have 
an adverse effect on the safety of railroad operations.
    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 (e.g., Waiver Petition Docket Number FRA-
2008-0032) 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 within 45 days of the date of this notice 
will be considered by FRA before final action is taken. Comments 
received after that date will be considered as far as practicable. All 
written communications concerning these proceedings are available for 
examination during regular business hours (9 a.m.-5 p.m.) at the above 
facility. All documents in the public docket are also available for 
inspection and copying on the Internet at the docket facility's Web 
site at  http://www.regulations.gov.
    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

[[Page 27062]]

comment (or signing the comment, if submitted on behalf of an 
association, business, labor union, etc.). You may review DOT's 
complete Privacy Act Statement in the Federal Register published on 
April 11, 2000 (Volume 65, Number 70; Pages 19477-78).

    Issued in Washington, DC, on June 1, 2009.
Grady C. Cothen, Jr.,
Deputy Associate Administrator for Safety Standards and Program 
Development.
[FR Doc. E9-13202 Filed 6-4-09; 8:45 am]

BILLING CODE 4910-06-P
