[Federal Register Volume 85, Number 102 (Wednesday, May 27, 2020)]
[Notices]
[Pages 31850-31851]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-11338]


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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket Number FRA-2020-0033]


Petition for Waiver of Compliance

    Under part 211 of title 49 Code of Federal Regulations (CFR), this 
document provides the public notice that on April 17, 2020, 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 215, Railroad 
Freight Car Safety Standards, and 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-2020-
0033.
    Specifically, BNSF requests relief from 49 CFR 215.13, Pre-
departure inspection, which requires an inspection when combining two 
separate consists including one or more cars and one or more 
locomotives that have been properly inspected and tested in compliance 
with all applicable regulations, meaning that both consists have had a 
Class I brake test (Sec.  232.205), Class IA brake test (Sec.  
232.207), or have been designated as extended haul trains and are 
compliant with all requirements of Sec.  232.213. BNSF states that the 
requested relief will allow combining two existing and operating trains 
without additional inspections, besides a Class III brake test. It 
further states that the relief will allow subsequent separation of two 
trains without additional inspections, besides a Class III brake test, 
provided that a record of the original consist remains intact.
    In support of its petition, BNSF states that trains to be combined 
will include both trains operating with head-end locomotives and trains 
operating with locomotives equipped with LOCOTROL or Radio Controlled 
Distributed Power Technology (DP), which was developed by GE 
Transportation Systems. DP technology allows locomotives to be placed 
strategically in a train and controlled remotely by a leading 
locomotive at the head of the train. Once trains are combined, BNSF 
will operate the combined train as a DP train (if it is longer than 
10,000 feet) until the train is separated or reaches its destination. 
The combined train will be allowed one pick-up and/or set-out with the 
inclusion of the separating event, and the air slips for both trains 
that were combined will be maintained from the point of combining 
through the duration of the trip.
    BNSF explains that an additional inspection when combining trains 
is redundant because each train to be combined has had a brake test and 
inspection and a Sec.  215.13 pre-departure inspection. Further, BNSF 
states that the combined train will continue to receive designated 
inspection(s) as required or pre-designated prior to the combining 
event and that no cars will exceed the

[[Page 31851]]

brake test mileage for which they were originally inspected.
    BNSF states that the requested relief will reduce exposure to 
potential hazards faced by train crews or mechanical inspectors when 
walking both sides of a pre-tested train being combined. It also 
contends that the relief will encourage greater utilization of trains 
under DP configuration across its network, which may improve engineers' 
ability to control in train forces and improves overall braking 
characteristics by having multiple locations within a train with cut-in 
brake valves. This allows brake pipe reductions to occur simultaneously 
at multiple points within a train promoting smoother brake applications 
and keeping in train forces at a minimum. These benefits are also 
gained with an emergency brake application which propagates more 
rapidly when occurring simultaneously from multiple points within the 
train.
    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:
     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 June 26, 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.

    Issued in Washington, DC.
John Karl Alexy,
Associate Administrator for Railroad Safety Chief Safety Officer.
[FR Doc. 2020-11338 Filed 5-26-20; 8:45 am]
BILLING CODE 4910-06-P


