4910-06-P
DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
[Docket Number FRA-2019-0064]
Petition for Amendment of Waiver of Compliance
Under part 211 of title 49 Code of Federal Regulations (CFR), this document
provides the public notice that by letters dated February 28, 2024, and May 13, 2024,
BNSF Railway (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 232 (Brake System Safety Standards for
Freight and Other Non-Passenger Trains and Equipment; End-of-Train Devices). The
relevant Docket Number is FRA-2019-0064.
Specifically, BNSF requests to add a location to its existing waiver from
§ 232.205(b)(2), Single car air brake tests, which permits BNSF to change the repair
track designation (per § 232.303, General requirements) so that the track on which intrain wheel replacements are performed is not designated a shop or repair track.
Accordingly, a single car air brake test (SCABT) is not required on each car undergoing
an in-train wheelset replacement, but BNSF proposes to perform a SCABT on any car
with an FRA-condemnable wheel defect as defined in § 232.303(b)(5). The relief
currently applies to specific yard tracks for wheelset replacement at several BNSF
facilities, and with this request, BNSF seeks to add the Missoula, Montana, location to
the program.
In support of its request, BNSF states that this program “reduces the number of
wheels in revenue service with elevated KIP impact readings contributing to the safety
and longevity of [the] rail infrastructure.” Further, BNSF states that the program

“enhances safety by improving the reliability of the rolling stock and simultaneously
reducing potential causes of surface rail defects that can elevate the risks of derailments”
from higher KIP wheels.
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.
All communications concerning these proceedings should identify the appropriate
docket number and may be submitted at www.regulations.gov. Follow the online
instructions for submitting comments.
Communications received by [INSERT DATE 60 DAYS AFTER DATE OF
PUBLICATION IN THE FEDERAL REGISTER] 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 the Department of Transportation’s (DOT) 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/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. 2024-15488 Filed: 7/15/2024 8:45 am; Publication Date: 7/16/2024]