
[Federal Register: October 25, 2011 (Volume 76, Number 206)]
[Notices]               
[Page 66125-66126]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr25oc11-128]                         

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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket Number FRA-2011-0074]

 
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 September 2, 2011, 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. FRA has assigned the petition Docket Number FRA-2011-
0074.
    BNSF seeks relief from certain provisions of 49 CFR part 232, Brake 
System Safety Standards for Freight and Other Non-Passenger Trains and 
Equipment; End-of-Train Devices. Specifically, BNSF is proposing to use 
Web-based software to satisfy the ``hands-on'' portion of training 
required by 49 CFR Section 232.203(e), in connection with periodic 
refresher training. Refresher training is required at intervals not to 
exceed 3 years, and shall consist of classroom and hands-on training, 
as well as testing.
    BNSF states it created a Web-based software application that it 
characterizes as Air Brake System Virtual Training Environment 
(ABSVTE), which conceptually closely parallels Locomotive Engineer 
simulator training. ABSVTE places the employee as an avatar in a 
realistic 3D virtual scenario. The employee must maneuver the avatar in 
the virtual setting and perform all inspection tasks. The employee 
communicates on a virtual radio, listens for the proper brake 
responses, and visually inspects each car in the scenario using a 
combination of mouse and key strokes. During the simulation, the 
employee must properly identify any unusual conditions and take 
corrective action. The software has the ability for the trainer to 
control the environment and preprogram different scenarios and 
conditions, covering a variety of air brake systems and associated air 
brake components an employee might encounter in the field. BNSF asserts 
that ABSVTE will enhance employee decision-making by testing his or her 
ability to identify and correct malfunctions that are difficult to 
demonstrate during operational testing. FRA permits operational testing 
to satisfy the hands-on portion of periodic refresher training, 
provided the tests are documented.
    BNSF will require 100-percent proficiency to receive virtual hands-
on credit. Employees failing to achieve 100-percent proficiency will be 
allowed to retake the virtual test. If the employee again fails to 
achieve 100-percent proficiency, he or she will receive remedial 
training from a supervisor or trainer.
    In summary, BNSF respectfully requests that ABSVTE be considered as 
an additional option to satisfy the ``hands-on'' portion of periodic 
refresher training required by 49 CFR 232.203(e). BNSF states that 
incorporating ABSVTE into their portfolio of traditional training 
delivery mechanisms will result in an overall increase in the frequency 
of air brake training and evaluation for BNSF employees.
    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

[[Page 66126]]

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 December 9, 2011 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 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), or online at http://www.dot.gov/privacy.html.

    Dated: Issued in Washington, DC, on October 19, 2011.
Robert C. Lauby,
Deputy Associate Administrator for Regulatory and Legislative 
Operations.
[FR Doc. 2011-27503 Filed 10-24-11; 8:45 am]
BILLING CODE 4910-06-P

