80_FR_80696 80 FR 80449 - Petition for Waiver of Compliance

80 FR 80449 - Petition for Waiver of Compliance

DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration

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

Page Range80449-80450
FR Document2015-32453

Federal Register, Volume 80 Issue 247 (Thursday, 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

Federal Register / Vol. 80, No. 247 / Thursday, December 24, 2015 / Notices 80449 docket referenced at the beginning of enough to cause a noncompliance of the submitted on behalf of an association, this notice. 1-inch requirement. The contraction of business, labor union, etc.). In FMCSA would like to know the views the steel affects the moveable span’s accordance with 5 U.S.C. 553(c), DOT of the public on the concept, with any west-end span lock adjustment, which solicits comments from the public to data or analysis to support it, with requires a maintainer to travel to the better inform its processes. DOT posts regard to 3 basic areas: bridge piers to seasonally adjust both these comments, without edit, including (1) What voluntary technologies or west-end span lock circuit controller any personal information the safety program best practices would be boxes to a setting of 2 inches to commenter provides, to appropriate for beyond compliance; (2) compensate for the contraction. Later in www.regulations.gov, as described in what type of incentives would the season, the settings must be returned the system of records notice (DOT/ALL– encourage motor carriers to invest in to 1 inch. This often places the 14 FDMS), which can be reviewed at technologies and best practices maintainer at a safety risk due to icy www.dot.gov/privacy. See also http:// programs; and (3) how FMCSA would conditions. The span lock members www.regulations.gov/#!privacyNotice verify that the voluntary technologies or extend approximately 13 inches in for the privacy notice of regulations.gov. safety programs are being implemented. length into the fixed portions when the Issued in Washington, DC. FMCSA will docket the transcripts of movable span is locked with the fixed Robert C. Lauby, the webcast and a separate transcription span. A copy of the petition, as well as any Associate Administrator for Railroad Safety. of each listening session will be Chief Safety Officer. prepared by an official court reporter. written communications concerning the petition, is available for review online at [FR Doc. 2015–32450 Filed 12–23–15; 8:45 am] Dated: December 18, 2015. www.regulations.gov and in person at BILLING CODE 4910–06–P Larry W. Minor, the Department of Transportation’s Associate Administrator for Policy. (DOT) Docket Operations Facility, 1200 [FR Doc. 2015–32358 Filed 12–23–15; 8:45 am] New Jersey Avenue SE., W12–140, DEPARTMENT OF TRANSPORTATION BILLING CODE 4910–EX–P Washington, DC 20590. The Docket Federal Railroad Administration Operations Facility is open from 9 a.m. to 5 p.m., Monday through Friday, [Docket Number FRA–2015–0130] DEPARTMENT OF TRANSPORTATION except Federal Holidays. Interested parties are invited to Petition for Waiver of Compliance Federal Railroad Administration participate in these proceedings by In accordance with part 211 of Title [Docket Number FRA–2005–20383] submitting written views, data, or 49 Code of Federal Regulations (CFR), comments. FRA does not anticipate this document provides the public Petition for Waiver of Compliance scheduling a public hearing in notice that by a document dated In accordance with part 211 of Title connection with these proceedings since September 25, 2015, BNSF Railway 49 of the Code of Federal Regulations the facts do not appear to warrant a (BNSF) has petitioned the Federal (CFR), this document provides the hearing. If any interested party desires Railroad Administration (FRA) for a public notice that by a document dated an opportunity for oral comment, they waiver of compliance from certain October 28, 2015, the Maine Eastern should notify FRA, in writing, before provisions of the Federal railroad safety Railroad (MERR) has petitioned the the end of the comment period and regulations contained at 49 CFR part Federal Railroad Administration (FRA) specify the basis for their request. 213, Track Safety Standards. FRA All communications concerning these for a waiver of compliance from certain assigned the petition Docket Number proceedings should identify the provisions of the Federal railroad safety FRA–2015–0130. appropriate docket number and may be regulations contained at 49 CFR part Pursuant to 49 CFR 213.113(a), BNSF submitted by any of the following 236. FRA assigned the petition Docket requests a waiver from the accepted methods: Number FRA–2005–20383. • Web site: http:// practice of stop/start rail testing to This request is for relief from the www.regulations.gov. Follow the online deploy nonstop continuous test rail flaw mechanical locking requirements found instructions for submitting comments. inspection to begin November 1, 2015, in 49 CFR 236.312, Movable bridge, • Fax: 202–493–2251. and to be in effect for 3 years. interlocking of signal appliances with • Mail: Docket Operations Facility, The test process would occur on the bridge devices, on the Carlton Bridge at U.S. Department of Transportation, 1200 main tracks of the following Bath, ME, Milepost 30.0 on the New Jersey Avenue SE., W12–140, subdivisions: Panhandle, Hereford, Rockland Branch. Specifically, MERR Washington, DC 20590. Clovis, Gallup, Seligman, Fort Scott, requests permission to detect • Hand Delivery: 1200 New Jersey Thayer North, Thayer South, displacement of the bridge-locking Avenue SE., Room W12–140, Birmingham, Amory, Cuba, River, members when displaced more than 2 Washington, DC 20590, between 9 a.m. Cherokee, and Afton. inches from their proper position, and 5 p.m., Monday through Friday, BNSF will gradually deploy the instead of the existing 1-inch except Federal Holidays. process over time as they measure the requirement. Communications received by results and prioritize the areas expected MERR states that it was granted relief February 8, 2016 will be considered by to benefit the most from this alternative from the 1-inch locking requirement in FRA before final action is taken. method. BNSF will notify FRA when mstockstill on DSK4VPTVN1PROD with NOTICES 2005 in Docket Number FRA–2005– Comments received after that date will implementing on a specific subdivision. 20383, but allowed that waiver to expire be considered as far as practicable. Multiple data acquisition and/or field in 2010. MERR notes that it is not Anyone is able to search the verification vehicles may be used as possible to maintain the 1-inch span electronic form of any written required to accomplish the desired lock retraction limit in cold-temperature communications and comments testing production rates. extremes. These conditions will cause received into any of our dockets by the Currently, the BNSF subdivisions the movable span-locking members to name of the individual submitting the proposed for nonstop testing are move within the fixed span positions comment (or signing the document, if required by 49 CFR 213.237, Inspection VerDate Sep<11>2014 17:57 Dec 23, 2015 Jkt 238001 PO 00000 Frm 00138 Fmt 4703 Sfmt 4703 E:\FR\FM\24DEN1.SGM 24DEN1

80450 Federal Register / Vol. 80, No. 247 / Thursday, December 24, 2015 / Notices of rail, to be tested every 60 to 365 days. • Web site: http:// CFR 229.129(b)(1), that each locomotive BNSF is proposing to test these www.regulations.gov. Follow the online (or a sampling of similar locomotives) subdivisions every 30–45 days. instructions for submitting comments. be tested for compliance with the sound The nonstop continuous tests will be • Fax: 202–493–2251. level requirements given in 49 CFR conducted with self-propelled • Mail: Docket Operations Facility, 229.129(a)(1) prior to entering service, ultrasonic rail flaw detection vehicles U.S. Department of Transportation, 1200 for 31 new ET44AC Locomotives to be capable of data acquisition speeds up to New Jersey Avenue SE., W12–140, delivered to CSX Transportation (CSX) 30 mph. Upon completion of each daily Washington, DC 20590. and numbered CSX 3375 to CSX 3405. run, the acquired data will be analyzed • Hand Delivery: 1200 New Jersey The locomotives will be manufactured offline by technical experts with Avenue SE., Room W12–140, in Erie, PA, and delivered to purchasers specific analysis tools proven to be Washington, DC 20590, between 9 a.m. from January through March 2016, when effective on a worldwide basis for over and 5 p.m., Monday through Friday, weather conditions will likely preclude 10 years, including the most recent except Federal Holidays. successful testing in accordance with 49 several years of experience in the Communications received by January CFR 229.129(c)(6). GE requests that the United States. The analysis process will 25, 2016 will be considered by FRA deadline for completing the horn testing provide the categorization and before final action is taken. Comments on these locomotives be extended until prioritization of suspect locations to be received after that date will be September 30, 2016. In support of this verified in the field. considered as far as practicable. petition, GE has submitted data showing Field verification will be conducted Anyone is able to search the that horns on the previous 2015 model by qualified and certified rail test electronic form of any written ET44AC locomotives were compliant professionals with validation equipment communications and comments with both high and low sound level based on global positioning system received into any of our dockets by the requirements, with some margin above location and known track features name of the individual submitting the the minimum and below the maximum. identified within the flaw detection comment (or signing the document, if GE also submitted illustrations electronic record. All verifications will submitted on behalf of an association, demonstrating that the horn location has occur within 72 hours from completion business, labor union, etc.). In not been altered and that the only of the data acquisition test run. accordance with 5 U.S.C. 553(c), DOT concern is changes in the component of Remedial actions will be applied based solicits comments from the public to the horn noise affected by reflectance off on the regulations set for in 49 CFR better inform its processes. DOT posts the roof and roof discontinuities on the 213.113, Defective rails, for confirmed these comments, without edit, including 2016 model locomotives. Changes are rail defect locations. any personal information the generally less than 2 inches. BNSF believes nonstop continuous commenter provides, to A copy of the petition, as well as any rail testing will provide the capability to www.regulations.gov, as described in written communications concerning the reduce service failure and derailment the system of records notice (DOT/ALL– petition, is available for review online at risk through implementation of 14 FDMS), which can be reviewed at www.regulations.gov and in person at advanced technologies and processes www.dot.gov/privacy. See also http:// the U.S. Department of Transportation’s that enable BNSF to more completely www.regulations.gov/#!privacyNotice (DOT) Docket Operations Facility, 1200 and frequently conduct the inspection for the privacy notice of regulations.gov. New Jersey Avenue SE., W12–140, for their rail network. Washington, DC 20590. The Docket Issued in Washington, DC. Operations Facility is open from 9 a.m. A copy of the petition, as well as any Robert C. Lauby, to 5 p.m., Monday through Friday, written communications concerning the Associate Administrator for Railroad Safety, except Federal Holidays. petition, is available for review online at Chief Safety Officer. Interested parties are invited to www.regulations.gov and in person at [FR Doc. 2015–32453 Filed 12–23–15; 8:45 am] participate in these proceedings by the U.S. Department of Transportation’s BILLING CODE 4910–06–P submitting written views, data, or (DOT) Docket Operations Facility, 1200 comments. FRA does not anticipate New Jersey Avenue SE., W12–140, scheduling a public hearing in Washington, DC 20590. The Docket DEPARTMENT OF TRANSPORTATION connection with these proceedings since Operations Facility is open from 9 a.m. the facts do not appear to warrant a to 5 p.m., Monday through Friday, Federal Railroad Administration hearing. If any interested party desires except Federal Holidays. [Docket Number FRA–2015–0127] an opportunity for oral comment, they Interested parties are invited to should notify FRA, in writing, before participate in these proceedings by Petition for Waiver of Compliance the end of the comment period and submitting written views, data, or specify the basis for their request. comments. FRA does not anticipate In accordance with part 211 of Title All communications concerning these scheduling a public hearing in 49 Code of Federal Regulations (CFR), proceedings should identify the connection with these proceedings since this document provides the public appropriate docket number and may be the facts do not appear to warrant a notice that by a document dated submitted by any of the following hearing. If any interested party desires November 3, 2015, General Electric methods: an opportunity for oral comment, they Transportation (GE) has petitioned the • Web site: http:// should notify FRA, in writing, before Federal Railroad Administration (FRA) www.regulations.gov. Follow the online mstockstill on DSK4VPTVN1PROD with NOTICES the end of the comment period and for a waiver of compliance from certain instructions for submitting comments. specify the basis for their request. provisions of the Federal railroad safety • Fax: 202–493–2251. All communications concerning these regulations contained at 49 CFR part • Mail: Docket Operations Facility, proceedings should identify the 229, Railroad Locomotive Safety U.S. Department of Transportation, 1200 appropriate docket number (e.g., Waiver Standards. FRA assigned the petition New Jersey Avenue SE., W12–140, Petition Docket Number FRA–2015– Docket Number FRA–2015–0127. Washington, DC 20590. 0130) and may be submitted by any of GE has requested a waiver of • Hand Delivery: 1200 New Jersey the following methods: compliance from the requirement of 49 Avenue SE., Room W12–140, VerDate Sep<11>2014 17:57 Dec 23, 2015 Jkt 238001 PO 00000 Frm 00139 Fmt 4703 Sfmt 4703 E:\FR\FM\24DEN1.SGM 24DEN1


Document Created: 2015-12-24 02:25:18
Document Modified: 2015-12-24 02:25:18
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
FR Citation80 FR 80449 
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