[Federal Register Volume 87, Number 220 (Wednesday, November 16, 2022)]
[Notices]
[Pages 68791-68792]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-24961]


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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket Number FRA-2022-0082]


Petition for Waiver of Compliance

    Under part 211 of title 49 Code of Federal Regulations (CFR), this 
document provides the public notice that on August 15, 2022, 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 (Brake System 
Safety Standards for Freight and Other Non-Passenger Trains and 
Equipment). FRA assigned the petition Docket Number FRA-2022-0082.
    Specifically, BNSF seeks relief with respect to the application of 
49 CFR 232.205(c)(1)(ii)(B), Class I brake test-initial terminal 
inspection, and 232.207(b)(1), Class IA brake tests-1,000-mile 
inspection, for trains operating in distributive power mode. BNSF 
requests to extend the maximum allowable brake pipe air flow from the 
present regulatory limit of 90 cubic feet per minute (CFM) to 120 CFM 
for distributed power-equipped trains under specified operating 
conditions.
    In support of its petition, BNSF submitted a report from the air 
flow tests conducted by BNSF in Staples, Minnesota, in June 2022. BNSF 
also states that ``increasing the allowable flow to 120 CFM will even 
further reduce'' walking exposures that employees encounter and that 
the use of distributive power ``enhances safer train handling in cold 
weather operations.''
    A copy of the petition, as well as any written communications 
concerning the petition, is available for review online at 
www.regulations.gov.
    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.

[[Page 68792]]

    All communications concerning these proceedings should identify the 
appropriate docket number and may be submitted at http://www.regulations.gov. Follow the online instructions for submitting 
comments.
    Communications received by January 16, 2023 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), the U.S. Department of Transportation (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/privacy-notice for the privacy notice of 
regulations.gov.

    Issued in Washington, DC.
John Karl Alexy,
Associate Administrator for Railroad Safety Chief Safety Officer.
[FR Doc. 2022-24961 Filed 11-15-22; 8:45 am]
BILLING CODE 4910-06-P


