80 FR 80449 - Petition for Waiver of Compliance

DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration

Federal Register Volume 80, Issue 247 (December 24, 2015)

[Federal Register Volume 80, Number 247 (Thursday, December 24, 2015)]
[Notices]
[Pages 80449-80450]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-32453]


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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket Number FRA-2015-0130]


Petition for Waiver of Compliance

    In accordance with part 211 of Title 49 Code of Federal Regulations 
(CFR), this document provides the public notice that by a document 
dated September 25, 2015, BNSF Railway (BNSF) has 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 213, Track Safety Standards. FRA assigned the petition 
Docket Number FRA-2015-0130.
    Pursuant to 49 CFR 213.113(a), BNSF requests a waiver from the 
accepted practice of stop/start rail testing to deploy nonstop 
continuous test rail flaw inspection to begin November 1, 2015, and to 
be in effect for 3 years.
    The test process would occur on the main tracks of the following 
subdivisions: Panhandle, Hereford, Clovis, Gallup, Seligman, Fort 
Scott, Thayer North, Thayer South, Birmingham, Amory, Cuba, River, 
Cherokee, and Afton.
    BNSF will gradually deploy the process over time as they measure 
the results and prioritize the areas expected to benefit the most from 
this alternative method. BNSF will notify FRA when implementing on a 
specific subdivision. Multiple data acquisition and/or field 
verification vehicles may be used as required to accomplish the desired 
testing production rates.
    Currently, the BNSF subdivisions proposed for nonstop testing are 
required by 49 CFR 213.237, Inspection

[[Page 80450]]

of rail, to be tested every 60 to 365 days. BNSF is proposing to test 
these subdivisions every 30-45 days.
    The nonstop continuous tests will be conducted with self-propelled 
ultrasonic rail flaw detection vehicles capable of data acquisition 
speeds up to 30 mph. Upon completion of each daily run, the acquired 
data will be analyzed offline by technical experts with specific 
analysis tools proven to be effective on a worldwide basis for over 10 
years, including the most recent several years of experience in the 
United States. The analysis process will provide the categorization and 
prioritization of suspect locations to be verified in the field.
    Field verification will be conducted by qualified and certified 
rail test professionals with validation equipment based on global 
positioning system location and known track features identified within 
the flaw detection electronic record. All verifications will occur 
within 72 hours from completion of the data acquisition test run. 
Remedial actions will be applied based on the regulations set for in 49 
CFR 213.113, Defective rails, for confirmed rail defect locations.
    BNSF believes nonstop continuous rail testing will provide the 
capability to reduce service failure and derailment risk through 
implementation of advanced technologies and processes that enable BNSF 
to more completely and frequently conduct the inspection for their rail 
network.
    A copy of the petition, as well as any written communications 
concerning the petition, is available for review online at 
www.regulations.gov and in person at the U.S. Department of 
Transportation's (DOT) Docket Operations Facility, 1200 New Jersey 
Avenue SE., W12-140, Washington, DC 20590. The Docket Operations 
Facility is open from 9 a.m. to 5 p.m., Monday through Friday, except 
Federal Holidays.
    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, 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 (e.g., Waiver Petition Docket Number FRA-
2015-0130) and may be submitted by any of the following methods:
     Web site: http://www.regulations.gov. Follow the online 
instructions for submitting comments.
     Fax: 202-493-2251.
     Mail: Docket Operations Facility, U.S. Department of 
Transportation, 1200 New Jersey Avenue SE., W12-140, Washington, DC 
20590.
     Hand Delivery: 1200 New Jersey Avenue SE., Room W12-140, 
Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, 
except Federal Holidays.
    Communications received by January 25, 2016 will be considered by 
FRA before final action is taken. Comments received after that date 
will be considered as far as practicable.
    Anyone is able to 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.). 
In accordance with 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 www.dot.gov/privacy. 
See also http://www.regulations.gov/#!privacyNotice for the privacy 
notice of regulations.gov.

    Issued in Washington, DC.
Robert C. Lauby,
Associate Administrator for Railroad Safety, Chief Safety Officer.
[FR Doc. 2015-32453 Filed 12-23-15; 8:45 am]
 BILLING CODE 4910-06-P