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Montana Rail Link, Inc. 101 International Drive (406) 523-1500 0 Montana Rail Link Post Office Box 16390 (406) 523-1493 fax Missoula, Montana www.montanarail.com USA 59808 November 22, 2019 Filed via email with [email protected] & FRAW [email protected] and mailed via Fed Ex. 0 ...... co c::::, C") -~ ::,:: z FRA Docket Clerk f"T1 0 Office of the Chief Counsel -I ...::::: 0 N Federal Railroad Administration -0 _,.J rr1 1200 New Jersey Avenue, SE :::0 "'t> lJ West Building, Room W31-109 :..-1 Washington, DC 20590 0 -.. ;-.::: w U) U1 RE: Montana Rail Link (MRL)-Petition to participate in BNSF waiver of compliance from certain provisions included in Title 49 Code of Federal Regulations (CFR) Part 232, Brake System Safety Standards or Freight and Other Non-Passenger Trains and Equipment; End-of Train Devices Docket Numbers: FRA-2012-0091 and FRA-2016-0018 Dear Sir or Madam, On March 26, 2013, under Docket Number FRA-2012-0091, the Federal Railroad Administration (FRA) granted a pilot test waiver to the BNSF Railway Company (BNSF) from certain provisions of Title 49 Code of Federal Regulations (CFR) Part 232-Brake System Safety Standards for Freight and Other Non-Passenger Trains and Equipment; End-of-Train Devices. Specifically, this was a waiver of the railroad safety regulations contained at 49 CFR Sections 232.205 ( c)(ii)(B) and 232.207 (b )(1) to allow 90 cubic feet per minute (CFM), instead of 60 CFM, air flow method (AFM) leakage tests on trains operating in distributive power (DP) mode. On January 6, 2017, BNSF filed a petition on behalf of itself and for test waiver participants Canadian National Railway, Canadian Pacific Railway and Union Pacific Railroad (the "named railroads"), for a change of status from a test waiver to a waiver of compliance from certain provisions included in Title 49 Code of Federal Regulations (CFR) Part 232, Brake System Safety Standards for Freight and Other Non-Passenger Trains and Equipment; End-of Train Devices. Montana Rail Link, Inc. 101 International Drive (406) 523-1500 G Montana Rail Link Post Office Box 16390 (406) 523-1493 fax Missoula, Montana www.montanarail.com USA 59808 On May 3, 2017, the FRA Safety Board granted the BNSF petition subject to certain conditions. Pursuant to 49 CFR Part 211, Montana Rail Link, Inc. (MRL) hereby petitions FRA to make MRL a party to the named railroads and grant MRL the same waiver of compliance from certain provisions of Part 232. Thank you for your consideration in this matter. Please contact me with any questions. Sincerely, Mike Mattson [email protected] Director Training, Rules and Safety Montana Rail Link, Inc. 101 International Drive, Missoula MT 59808 406.829.2510 .

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