[Federal Register Volume 85, Number 14 (Wednesday, January 22, 2020)]
[Notices]
[Pages 3743-3744]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-00975]


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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket Number FRA-2019-0107]


Petition for Waiver of Compliance

    Under part 211 of title 49 Code of Federal Regulations (CFR), this 
provides the public notice that on December 11, 2019, 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 232. FRA assigned the 
petition Docket Number FRA-2019-0107.
    BNSF requests that FRA grant a waiver of compliance from 49 CFR 
232.215, Transfer train brake tests, with respect to transfer movements 
between BNSF's Old South Yard and New South Yard in Houston, Texas 
(``transfer movements''). Specifically, BNSF proposes to conduct a 
Class III brake test in lieu of a transfer train brake test prior to 
making a transfer movement governed by this waiver. BNSF believes that 
the limited waiver it seeks in this context is appropriate because the 
risk of proceeding with the transfer movements without a full transfer 
train brake test is minimal and is adequately addressed by the 
conditions BNSF proposes.
    Transfer movements between BNSF's Old South Yard and New South Yard 
require a train to traverse approximately 1,400 feet of main line track 
on the Houston West Belt Subdivision (``Main Line''). The Main Line 
between the yards is tangent with no obstructions to visibility in 
either direction and is on a level grade. Track speed on the Main Line 
at this location is 20 miles per hour (MPH), but trains performing 
transfer movements between BNSF yards operate at 10 MPH and would 
continue to do so under this waiver.
    BNSF previously petitioned FRA for a waiver on this topic (see 
Docket Number FRA-2004-19949). FRA denied that petition without 
prejudice principally due to the absence of any conditions or alternate 
procedures included within the petition to ensure an adequate level of 
safety. BNSF believes the conditions set forth below will adequately 
address FRA's concerns.
    BNSF requests that the waiver be granted to permit transfer 
movements to be governed subject to the following conditions:
    1. Prior to undertaking a transfer movement, the brake pipe will be 
connected through the entire cut of cars to be moved.
    2. Prior to undertaking a transfer movement, a successful Class III 
brake test must be performed on the train performing the transfer 
movement, with air pressure at the rear of the consist verified using 
an air gauge.
    3. All trains performing a transfer movement between Old South Yard 
and New South Yard will be limited to a maximum speed of 10 MPH.
    BNSF states these conditions represent a revised approach 
incorporating FRA's guidance from its denial of the 2005 petition.
    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:

[[Page 3744]]

     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 March 9, 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.

John Karl Alexy,
Associate Administrator for Railroad Safety, Chief Safety Officer.
[FR Doc. 2020-00975 Filed 1-21-20; 8:45 am]
 BILLING CODE 4910-06-P


