Petition for Modification of Waiver of Compliance, 24656 [2023-08497]

Download as PDF lotter on DSK11XQN23PROD with NOTICES1 24656 Federal Register / Vol. 88, No. 77 / Friday, April 21, 2023 / Notices Standards). The relevant Docket Number is FRA–2002–12409. Specifically, PATH requests to extend its relief from §§ 238.305(c)(10) and (d), Interior calendar day mechanical inspection of passenger cars, and 238.317(a)(1), Movement of passenger equipment with other than power brake defects, for its fleet of passenger vehicles. PATH requests continued relief from the requirement that a car must be removed from service on the day following its calendar day interior mechanical inspection. PATH seeks permission for a car to remain in service up to eight calendar days following notification, so the car can be brought to the PATH running repair or main repair facility. In support of this request, PATH states that ‘‘due to the confined geography of the system and limited track storage areas, cutting cars from consists . . . cannot be done during the workday without having significant adverse effect upon passenger service.’’ Further, PATH requests continued relief from the requirement to perform a Class II brake test during specific periods of time at terminal locations. PATH explains that terminal dwell times are less than five minutes and ‘‘the [c]onductor does not have adequate time to remain at the rear of the train while the [e]ngineer changes operating position to perform the [b]rake [t]est, and then walk forward to the conductor operating position between the first and second car.’’ In support of its request, PATH states that ‘‘the typical train will undergo a Class II test approximately ten times every day.’’ 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 party desires 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 at https:// www.regulations.gov. Follow the online instructions for submitting comments. Communications received by June 20, 2023 will be considered by FRA before final action is taken. Comments received after that date will be considered if practicable. VerDate Sep<11>2014 16:51 Apr 20, 2023 Jkt 259001 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. 2023–08496 Filed 4–20–23; 8:45 am] BILLING CODE 4910–06–P DEPARTMENT OF TRANSPORTATION Federal Railroad Administration [Docket Number FRA–2020–0033] Petition for Modification of Waiver of Compliance Under part 211 of title 49 Code of Federal Regulations (CFR), this document provides the public notice that on March 15, 2023, BNSF Railway Company (BNSF) petitioned the Federal Railroad Administration (FRA) for an amendment of 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). The relevant Docket Number is FRA–2020– 0033. Specifically, BNSF requests to modify and clarify two of the conditions (conditions 2 and 12) on the relief granted by FRA’s letter dated September 11, 2020.1 BNSF proposes to modify condition 2 by providing an additional report to FRA ‘‘on the prior week[’]s list of actual trains that were operated under the waiver.’’ BNSF states that this additional report would ‘‘provide better clarity for both FRA and Labor as they look to audit BNSF processes against this waiver.’’ BNSF seeks to amend 1 https://www.regulations.gov/document/FRA2020-0033-0005. PO 00000 Frm 00113 Fmt 4703 Sfmt 9990 condition 12 by changing the phrase ‘‘originating terminal’’ to ‘‘the combination location,’’ specifying that until trains are combined, they are ‘‘only potential waiver candidates.’’ In support of its request, BNSF states that the modifications would support ‘‘transparencey (sic) in the waiver process and continuous improvement’’ and ‘‘remove any ambiguity or lack of process understanding.’’ 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 party desires 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 at https:// www.regulations.gov. Follow the online instructions for submitting comments. Communications received by June 20, 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. 2023–08497 Filed 4–20–23; 8:45 am] BILLING CODE 4910–06–P E:\FR\FM\21APN1.SGM 21APN1

Agencies

[Federal Register Volume 88, Number 77 (Friday, April 21, 2023)]
[Notices]
[Page 24656]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-08497]


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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket Number FRA-2020-0033]


Petition for Modification of Waiver of Compliance

    Under part 211 of title 49 Code of Federal Regulations (CFR), this 
document provides the public notice that on March 15, 2023, BNSF 
Railway Company (BNSF) petitioned the Federal Railroad Administration 
(FRA) for an amendment of 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). The relevant Docket Number 
is FRA-2020-0033.
    Specifically, BNSF requests to modify and clarify two of the 
conditions (conditions 2 and 12) on the relief granted by FRA's letter 
dated September 11, 2020.\1\ BNSF proposes to modify condition 2 by 
providing an additional report to FRA ``on the prior week[']s list of 
actual trains that were operated under the waiver.'' BNSF states that 
this additional report would ``provide better clarity for both FRA and 
Labor as they look to audit BNSF processes against this waiver.'' BNSF 
seeks to amend condition 12 by changing the phrase ``originating 
terminal'' to ``the combination location,'' specifying that until 
trains are combined, they are ``only potential waiver candidates.'' In 
support of its request, BNSF states that the modifications would 
support ``transparencey (sic) in the waiver process and continuous 
improvement'' and ``remove any ambiguity or lack of process 
understanding.''
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    \1\ https://www.regulations.gov/document/FRA-2020-0033-0005.
_____________________________________-

    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 party 
desires 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 at https://www.regulations.gov. Follow the online instructions for submitting 
comments.
    Communications received by June 20, 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. 2023-08497 Filed 4-20-23; 8:45 am]
BILLING CODE 4910-06-P
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