
[Federal Register Volume 79, Number 154 (Monday, August 11, 2014)]
[Notices]
[Pages 46902-46903]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-18907]


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

DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket Number FRA-2014-0070]


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 July 18, 2014, 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 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-2014-0070.
    Specifically, BNSF seeks a temporary waiver of compliance from 49 
CFR 232.213(a). The current rule provides that ``a railroad may be 
permitted to move a train up to, but not exceeding, 1,500 miles between 
brake tests and inspections if the railroad designates a train as an 
extended haul train.'' BNSF requests relief to allow it to operate up 
to 1,800 miles between inspections.
    BNSF states that it requires this relief to ensure its continued 
ability to meet customer expectations for deliveries of coal 
(critically low stock piles), grain, and other commodities. Many of 
these commodities move in efficient unit train service, which is the 
subject of this waiver request. BNSF's operations are continuing to 
overcome the challenges originating with harsh winter weather, followed 
by frost heaves, saturated roadbeds, and a range of flooding events and 
mud boils; and the compounded effect that the prolonged weather 
conditions have had on BNSF's entire system and its network fluidity. 
These weather conditions, coupled with significant and sustained 
increases in volume in the second half of 2013, as well as high levels 
of seasonal demand late in 2013, have led to congestion across BNSF's 
network and a backlog on deliveries of critical commodities. 
Additionally, Amtrak's Empire Builder service across BNSF North lines 
experienced negative impacts on its on-time performance due to ongoing 
congestion; BNSF recognizes that FRA and general public is focused on 
Amtrak performance and continues to work to improve the Empire 
Builder's on-time service performance.
    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 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 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 September 10, 2014 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

[[Page 46903]]

Federal Register published on April 11, 2000 (65 FR 19477).

    Issued in Washington, DC, on August 5, 2014.
Ron Hynes,
Director, Office of Safety Assurance and Compliance.
[FR Doc. 2014-18907 Filed 8-8-14; 8:45 am]
BILLING CODE 4910-06-P


