Petition for Waiver of Compliance

Citation86 FR 7612
Published date29 January 2021
Record Number2021-01947
SectionNotices
CourtFederal Railroad Administration,Transportation Department
Federal Register, Volume 86 Issue 18 (Friday, January 29, 2021)
[Federal Register Volume 86, Number 18 (Friday, January 29, 2021)]
                [Notices]
                [Page 7612]
                From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
                [FR Doc No: 2021-01947]
                -----------------------------------------------------------------------
                DEPARTMENT OF TRANSPORTATION
                Federal Railroad Administration
                [Docket Number FRA-2010-0100]
                Petition for Waiver of Compliance
                 Under part 211 of title 49 Code of Federal Regulations (CFR), this
                document provides the public notice that on December 10, 2020,
                Brownsville & Rio Grande International Railroad (BRG) petitioned the
                Federal Railroad Administration (FRA) for a modification to its waiver
                of compliance from certain provisions of the Federal railroad safety
                regulations contained at 49 CFR parts 232, Brake System Safety
                Standards for Freight and Other Non-Passenger Trains and Equipment;
                End-Of-Train Devices, and 215, Railroad Freight Car Safety Standards.
                FRA assigned the petition Docket Number FRA-2010-0100.
                 Specifically, BRG seeks a modification to its waiver of compliance
                with certain requirements of 49 CFR part 215, and 49 CFR 232.205, Class
                I Brake Test--Initial Terminal Inspection. Presently, BRG's relief
                permits trains transferred by Union Pacific Railroad Company (UP) from
                the US/Mexico border interchange with the Kansas City Southern de
                Mexico Railway (KCSM) at Brownsville, Texas, to move from BRG's
                interchange point with UP at milepost (MP) 4.48 to the BRG inspection
                point between MPs 8.0 and 9.0, where required FRA inspections are
                performed (see Docket Number FRA-2007-28340). Occasionally, trains
                destined for interchange to BRG are delayed at UP's Olmito Yard by
                additional Federal agency inspection activities. BRG is permitted to
                pick up trains at Olmito Yard (in lieu of the interchange point at MP
                4.48) on those occasions and perform the required FRA inspections
                between MPs 8.0 and 9.0 in accordance with its present relief.
                 In its petition, BRG requests that the track covered under this
                waiver be extended an additional three miles through the end of the
                Palo Alto Subdivision, which terminates at MP 0.0, and onto BRG's South
                Lead, where the required inspections will be completed between MPs 2.0
                and 3.0, as were previously completed between MPs 8.0 and 9.0 on the
                Palo Alto Subdivision. BRG states that it will adhere to the same
                conditions outlined in FRA's decision letter dated December 18, 2017,
                at the proposed new inspection point.
                 In support of its petition, BRG states this waiver would help
                expedite any delays caused by required port of entry inspections and
                other unforeseen delays. The modification would provide capacity to
                process two inbound trains back-to-back, allowing for more efficient
                use of bridge windows. Trains from the KCSM Matamoros Yard to the Port
                of Brownsville (Port) travel less than 25 miles. BRG further states
                that its request will facilitate international trade between the United
                States and Mexico by allowing inbound trains to go directly to the
                Port. The Port is a more secure location to inspect the incoming
                trains, and operational efficiencies are gained by moving the cars
                directly into the serving yard. BRG states that the change will support
                the ongoing extensive growth in the Rio Grande Valley.
                 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 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 (DOT), 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 15, 2021 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. 2021-01947 Filed 1-28-21; 8:45 am]
                BILLING CODE 4910-06-P
                

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