82_FR_39146 82 FR 38989 - Addressing Electrode-Induced Rail Pitting From Pressure Electric Welding

82 FR 38989 - Addressing Electrode-Induced Rail Pitting From Pressure Electric Welding

DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration

Federal Register Volume 82, Issue 157 (August 16, 2017)

Page Range38989-38992
FR Document2017-17285

This document provides notice of FRA's intent to issue a Safety Advisory alerting railroads, contractors, and the rail welding industry of the potential for electrode-induced rail pitting and fatigue cracking during the pressure electric rail welding process. Based on investigation and research, FRA believes improper electrode contact to the rail during the welding process can result in electrode- induced pitting that may lead to fatigue fracture and ultimately rail failure. The draft Safety Advisory includes recommendations to help the industry prevent electrode-induced rail pitting and to inspect for and then remediate such pitting if it occurs. FRA invites public comment on all aspects of the draft Safety Advisory.

Federal Register, Volume 82 Issue 157 (Wednesday, August 16, 2017)
[Federal Register Volume 82, Number 157 (Wednesday, August 16, 2017)]
[Notices]
[Pages 38989-38992]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-17285]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket No. FRA-2017-0074; Notice No. 1]


Addressing Electrode-Induced Rail Pitting From Pressure Electric 
Welding

AGENCY: Federal Railroad Administration (FRA), Department of 
Transportation (DOT).

ACTION: Notice of draft Safety Advisory; request for comment.

-----------------------------------------------------------------------

SUMMARY: This document provides notice of FRA's intent to issue a 
Safety Advisory alerting railroads, contractors, and the rail welding 
industry of the potential for electrode-induced rail pitting and 
fatigue cracking during the pressure electric rail welding process. 
Based on investigation and research, FRA believes improper electrode 
contact to the rail during the welding process can result in electrode-
induced pitting that may lead to fatigue fracture and ultimately rail 
failure. The draft Safety Advisory includes recommendations to help the 
industry prevent electrode-induced rail pitting and to inspect for and 
then remediate such pitting if it occurs. FRA invites public comment on 
all aspects of the draft Safety Advisory.

DATES: Interested persons are invited to submit comments on the draft 
Safety Advisory provided below on or before October 16, 2017.

ADDRESSES: Comments in response to this notice may be submitted by any 
of the following methods:
     Web site: The Federal eRulemaking Portal, 
www.Regulations.gov. Follow the Web site's online instructions for 
submitting comments.
     Fax: 202-493-2251.
     Mail: Docket Management Facility, U.S. Department of 
Transportation,

[[Page 38990]]

Room W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590.
     Hand Delivery: Docket Management Facility, U.S. Department 
of Transportation, 1200 New Jersey Avenue SE., Room W12-140 on the 
Ground level of the West Building, between 9 a.m. and 5 p.m., Monday 
through Friday, except Federal holidays.
    Instructions: All submissions must include the agency name, docket 
name, and docket number for this notice, Docket No. FRA-2017-0074; 
Notice No. 1. Note that all comments received will be posted without 
change to http://www.Regulations.gov, including any personal 
information provided. Please see the Privacy Act Statement in this 
document.

FOR FURTHER INFORMATION CONTACT: Mr. Matthew Brewer, Staff Director, 
Rail Integrity Division, Office of Railroad Safety, FRA, 500 Broadway, 
Suite 240, Vancouver, WA 98660, telephone (202) 385-2209; or Mr. Aaron 
Moore, Trial Attorney, Office of Chief Counsel, FRA, 1200 New Jersey 
Avenue SE., Washington, DC 20590, telephone (202) 493-7009.

SUPPLEMENTARY INFORMATION: 

Draft Safety Advisory

    FRA routinely conducts investigations of railroad accidents to 
determine causation and any contributing factors to help the railroad 
industry implement corrective measures that may prevent similar 
incidents in the future. Over the past decade, FRA has investigated 
multiple broken rail accidents in which it found fractures in the rail 
web. Similarities in the fracture characteristics of the recovered rail 
fragments in some of these accidents have led FRA to conclude stray 
arcing may occur during the pressure electric welding process performed 
to create continuous welded rails.
    Pressure electric welding is the process of using a hydraulically-
operated welding head that clamps around two opposing rail ends, 
pressing an electrode on each rail, then hydraulically pulling the rail 
ends together while arcing current through the electrodes into the 
rails, causing them to essentially melt together to form a continuous 
rail. FRA believes stray arcing during this process results in the 
formation of electrode burns or pits on the web, head, or base of the 
rail. Fractures in the rail may originate from the electrode pits 
because they behave as stress raisers (also referred to as stress 
concentrations). Fatigue cracks often develop at locations of stress 
concentration. Once a fatigue crack initiates, the localized stress 
encourages the growth of the crack, which may potentially lead to rail 
failure. FRA believes electrode pitting may be a contributing factor, 
if not the root cause, in some accidents involving rail web cracking.
    Figure 1 below shows a photograph of a rail with electrode pits in 
the web. The location of these electrode pits, when they occur, is 
typically four to eight inches on either side of the weld. Electrode-
induced pitting from pressure electric welding may also occur in the 
head and base of the rail. At this time, it is unclear whether 
traditional ultrasonic rail testing can consistently detect electrode-
induced pitting.
    In 2016, FRA's Office of Railroad Safety requested technical 
support from The National Transportation Systems Center (Volpe) to 
study the fatigue and fracture behavior of rails with pitting from 
electrodes used in welding. Volpe enlisted technical support from the 
U.S. Army's Ben[eacute]t Laboratories (Ben[eacute]t) to conduct 
forensic examination of three rail sections with electrode-induced 
pitting in the web from the pressure electric welding process. FRA 
obtained these rails from members of the railroad industry. 
Ben[eacute]t's examination included fractography (the science of 
studying fracture surfaces to identify the origin and causes of 
fracture), metallography (the science of studying the microstructure of 
metals to provide information concerning the properties and processing 
history of metallic alloys), and testing to determine the chemical 
composition and tensile mechanical properties of the rail steel. 
Ben[eacute]t confirmed FRA's hypothesis that electrode-induced web 
fatigue cracking is a result of pitting caused by inadequate electrode-
to-rail contact.
    Specifically, Ben[eacute]t's metallurgical analyses concluded the 
cracking in the rail web originated from the pitting created by 
inadequate electrode-to-rail contact during the pressure electric 
welding process. The fractographic and metallographic examinations 
revealed evidence of fatigue cracking originating from the pitting and 
fast fracture once the fatigue crack reached a critical length. Figure 
2 below shows three photographs of the fracture surface of a crack 
found in one of the rails Ben[eacute]t examined. These photographs 
support the metallurgical evidence indicative of three stages of 
fatigue fracture: (1) Crack initiation or formation originating from 
the pitting; (2) crack propagation or growth by metal fatigue; and (3) 
final rupture or fast fracture. Figure 3 below shows photographs of the 
microstructure near the electrode pits in each examined rail, providing 
further evidence the cracking originated from the pitting created by 
improper electrode contact during welding.
    The results from the metallurgical analysis also suggested 
premature and sudden rail failure may result from high wheel-impact 
load (e.g., flat wheel), especially in cold-weather environments when 
the longitudinal rail force is tensile. Results from the chemical 
analysis and mechanical testing indicated the chemistry and mechanical 
properties of the rails selected for evaluation were within 
specifications the American Railway Engineering and Maintenance-of-Way 
Association (AREMA) published, except for the hardness measurements in 
one rail, which were slightly lower than the AREMA minimum. Hardness is 
a measure of the resistance of a material to surface indentation 
produced by a carbide indenter applied at a given load for a given 
length of time. The lower hardness in that rail, manufactured in the 
1950s, may be attributed to lower concentrations (compared to the other 
two rails) of alloying elements, specifically carbon, silicon, and 
chromium, which were still within AREMA tolerances. Testing of the 
chemistry and the mechanical properties revealed all three rails were 
made from standard quality steel containing no other defects except the 
electrode-induced pitting.
    FRA presented its concerns about electrode-induced rail pitting and 
fatigue cracking to the Railroad Safety Advisory Committee's Rail 
Integrity Working Group. FRA also advised the Working Group that FRA 
was considering issuing a safety advisory to ensure all parties are 
aware of the potential for electrode-induced pitting and fatigue 
cracking (as identified in the figures below) and the pressure electric 
welding process is performed properly. (FRA has posted a copy of this 
notice on its public Web site, www.fra.dot.gov, where you may view the 
figures below in their full resolution.)
BILLING CODE 4910-06-P

[[Page 38991]]

[GRAPHIC] [TIFF OMITTED] TN16AU17.003

BILLING CODE 4910-06-C
    Recommended Action: Based on the discussion above, and to prevent 
future electrode-induced pitting and fatigue cracking which may lead to 
premature rail failure, FRA recommends railroads, contractors, and the 
rail welding industry develop and apply appropriate methods to:
    1. Prevent electrode-induced rail pitting from occurring by:
    a. Reviewing proper pre- and post-weld procedures to avoid the 
development of electrode pitting;

[[Page 38992]]

    b. Improving welder training programs to ensure consistency in 
welding procedures, especially for the pressure electric welding 
process; and
    c. Developing and scheduling appropriate pressure electric welding 
maintenance and rail testing programs.
    2. Identify electrode-induced rail pitting by:
    a. Inspecting the rail upon completion of welding, and reviewing 
the documentation in the weld report to help identify if pitting 
occurred;
    b. Visually inspecting existing welds for electrode-induced pitting 
during routine track inspections; and
    c. Considering alternative methods of identifying electrode-induced 
pitting, such as ultrasonic testing, machine vision, etc.
    3. Remediate any identified electrode-induced pitting by:
    a. Removing the section of rail containing electrode-induced 
pitting and re-welding the rail; or
    b. Developing and applying possible alternative methods to remove 
electrode-induced pitting, such as drilling, if electrode-induced 
pitting is found and the section of rail cannot be readily removed or 
re-welded.
    FRA requests public comment on all aspects of this draft Safety 
Advisory.
    Privacy Act Statement: Anyone can search the electronic form of all 
comments received into any of DOT's dockets by the name of the 
individual submitting the comment (or signing the comment, if submitted 
on behalf of an association, business, labor union, etc.). You may 
review DOT's complete Privacy Act Statement in the Federal Register 
published on April 11, 2000 (65 FR 19477), or you may visit http://www.regulations.gov/#!privacyNotice.

    Issued in Washington, DC, on August 10, 2017.
Patrick Warren,
Executive Director.
[FR Doc. 2017-17285 Filed 8-15-17; 8:45 am]
 BILLING CODE 4910-06-P



                                                                               Federal Register / Vol. 82, No. 157 / Wednesday, August 16, 2017 / Notices                                                 38989

                                                    Management and Budget. Comments                         information collected makes that                      necessary for the performance of
                                                    should be addressed to the attention of                 possible. It also combats deceptive                   FMCSA’s functions; (2) the accuracy of
                                                    the Desk Officer, Department of                         business practices as the information                 the estimated burden; (3) ways for
                                                    Transportation/Federal Motor Carrier                    helps enforcement personnel better                    FMCSA to enhance the quality,
                                                    Safety Administration, and sent via                     protect consumers by verifying that                   usefulness, and clarity of the collected
                                                    electronic mail to oira_submission@                     shippers are receiving information to                 information; and (4) ways that the
                                                    omb.eop.gov, or faxed to (202) 395–                     which they are entitled by regulation.                burden could be minimized without
                                                    6974, or mailed to the Office of                           HHG brokers are required to provide                reducing the quality of the collected
                                                    Information and Regulatory Affairs,                     individual shippers the ‘‘Your Rights                 information. The agency will summarize
                                                    Office of Management and Budget,                        and Responsibilities When You Move’’                  or include your comments in the request
                                                    Docket Library, Room 10102, 725 17th                    booklet and the ‘‘Ready to Move’’                     for OMB’s clearance of this information
                                                    Street NW., Washington, DC 20503.                       brochure. They have the option of                     collection.
                                                    FOR FURTHER INFORMATION CONTACT:                        providing paper copies or presenting the                Issued under the authority of 49 CFR 1.87
                                                    Monique Riddick, Commercial                             information through a link on their                   on: August 10, 2017.
                                                    Enforcement and Investigations                          Internet Web site. The broker is required             Kelly Regal,
                                                    Division, U. S. Department of                           to document with signed receipts that                 Associate Administrator, Office of Research
                                                    Transportation, Federal Motor Carrier                   the individual shipper was provided                   and Information Technology.
                                                    Safety Administration, West Building                    those materials. HHG brokers are also                 [FR Doc. 2017–17307 Filed 8–15–17; 8:45 am]
                                                    6th Floor, 1200 New Jersey Avenue SE.,                  required to provide the list of HHG                   BILLING CODE 4910–EX–P
                                                    Washington, DC 20590–0001.                              motor carriers for which it would
                                                    Telephone: 202–366–8045; email                          arrange transportation to move a
                                                    monique.riddick@dot.gov.                                potential individual shipper’s HHG, and               DEPARTMENT OF TRANSPORTATION
                                                    SUPPLEMENTARY INFORMATION: There
                                                                                                            that broker’s identification information:
                                                                                                               1. Assigned USDOT number; and                      Federal Railroad Administration
                                                    were no comments received from the
                                                                                                               2. Address.
                                                    60-day Federal Register notice (82 FR                      With this renewal, FMCSA makes a                   [Docket No. FRA–2017–0074; Notice No. 1]
                                                    14102) published on March 16, 2017.                     change to the collection to an
                                                       Background: FMCSA amended then-                                                                            Addressing Electrode-Induced Rail
                                                                                                            adjustment in estimate. A program                     Pitting From Pressure Electric Welding
                                                    existing regulations for brokers in                     estimate change of 19,522 annual
                                                    response to Title IV, Subtitle B of the                 burden hours is the result of the                     AGENCY:  Federal Railroad
                                                    Safe, Accountable, Flexible, Efficient,                 removal of a 1,000 burden-hours that are              Administration (FRA), Department of
                                                    Transportation Equity Act: A Legacy for                 no longer applicable. There is also an                Transportation (DOT).
                                                    Users (SAFETEA–LU) (Pub. L. 109–59)                     updated estimate in the number of                     ACTION: Notice of draft Safety Advisory;
                                                    and a petition for rulemaking from the                  household goods brokers which also                    request for comment.
                                                    American Moving and Storage                             contributes to the change of 19,522 in
                                                    Association (AMSA). The final rule,                     the calculated burden hours.                          SUMMARY:   This document provides
                                                    titled ‘‘Brokers of Household Goods                        Title: Practices of Household Goods                notice of FRA’s intent to issue a Safety
                                                    Transportation by Motor Vehicles,’’ (75                 Brokers.                                              Advisory alerting railroads, contractors,
                                                    FR 72987, Nov. 29, 2010), amended 49                       OMB Control Number: 2126–0048.                     and the rail welding industry of the
                                                    CFR part 371, by providing additional                      Type of Request: Reinstatement of an               potential for electrode-induced rail
                                                    consumer protection responsibilities for                information collection.                               pitting and fatigue cracking during the
                                                    brokers of HHG. Specifically, section                      Respondents: Brokers of Household                  pressure electric rail welding process.
                                                    4212 of SAFETEA–LU directs the                          Goods.                                                Based on investigation and research,
                                                    Secretary to require HHG brokers to                        Estimated Number of Respondents:                   FRA believes improper electrode
                                                    provide individual shippers with the                    543 brokers.                                          contact to the rail during the welding
                                                    following information whenever a                           Estimated Time per Response: 0.25                  process can result in electrode-induced
                                                    broker has contact with a shipper or                    hours per day × 240 workdays for                      pitting that may lead to fatigue fracture
                                                    potential shipper:                                      transactions per household goods                      and ultimately rail failure. The draft
                                                       1. The broker’s USDOT number.                        broker; 20 hours per year per broker for              Safety Advisory includes
                                                       2. The FMCSA booklet titled ‘‘Your                   Web site/ad modifications; 10 hours per               recommendations to help the industry
                                                    Rights and Responsibilities When You                    year per household goods broker for                   prevent electrode-induced rail pitting
                                                    Move.’’                                                 creating a list of carriers; 0.5 hours per            and to inspect for and then remediate
                                                       3. A list of all authorized motor                    month × 12 months per household                       such pitting if it occurs. FRA invites
                                                    carriers providing transportation of                    goods broker for confirming required                  public comment on all aspects of the
                                                    HHG used by the broker and a statement                  information; 0.083 hour per year × 36.8               draft Safety Advisory.
                                                    that the broker is not a motor carrier                  explanations on average per household                 DATES: Interested persons are invited to
                                                    providing transportation of HHG.                        goods broker; 4 hours per year × 5                    submit comments on the draft Safety
                                                       The collection of information required               agreements per household goods broker                 Advisory provided below on or before
                                                    in the referenced final rule assists                    for annual agreements through turnover;               October 16, 2017.
                                                    shippers in their business dealings with                and 10 hours per year per household                   ADDRESSES: Comments in response to
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                                                    interstate HHG brokers. The information                 goods broker for disclosure and records.              this notice may be submitted by any of
                                                    collected is used by prospective                           Expiration Date: July 31, 2017.                    the following methods:
                                                    shippers to make informed decisions                        Frequency of Response: On occasion.                  • Web site: The Federal eRulemaking
                                                    about contracts, services ordered,                         Estimated Total Annual Burden:                     Portal, www.Regulations.gov. Follow the
                                                    executed, and settled. The HHG broker                   70,000 hours.                                         Web site’s online instructions for
                                                    is often the primary contact for                           Public Comments Invited: You are                   submitting comments.
                                                    individual shippers and in the best                     asked to comment on any aspect of this                  • Fax: 202–493–2251.
                                                    position to educate shippers and                        information collection, including: (1)                  • Mail: Docket Management Facility,
                                                    prepare them for a successful move. The                 Whether the proposed collection is                    U.S. Department of Transportation,


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                                                    38990                      Federal Register / Vol. 82, No. 157 / Wednesday, August 16, 2017 / Notices

                                                    Room W12–140, 1200 New Jersey                           as stress raisers (also referred to as stress         the metallurgical evidence indicative of
                                                    Avenue SE., Washington, DC 20590.                       concentrations). Fatigue cracks often                 three stages of fatigue fracture: (1) Crack
                                                       • Hand Delivery: Docket Management                   develop at locations of stress                        initiation or formation originating from
                                                    Facility, U.S. Department of                            concentration. Once a fatigue crack                   the pitting; (2) crack propagation or
                                                    Transportation, 1200 New Jersey                         initiates, the localized stress encourages            growth by metal fatigue; and (3) final
                                                    Avenue SE., Room W12–140 on the                         the growth of the crack, which may                    rupture or fast fracture. Figure 3 below
                                                    Ground level of the West Building,                      potentially lead to rail failure. FRA                 shows photographs of the
                                                    between 9 a.m. and 5 p.m., Monday                       believes electrode pitting may be a                   microstructure near the electrode pits in
                                                    through Friday, except Federal holidays.                contributing factor, if not the root cause,           each examined rail, providing further
                                                       Instructions: All submissions must                   in some accidents involving rail web                  evidence the cracking originated from
                                                    include the agency name, docket name,                   cracking.                                             the pitting created by improper
                                                    and docket number for this notice,                         Figure 1 below shows a photograph of               electrode contact during welding.
                                                    Docket No. FRA–2017–0074; Notice No.                    a rail with electrode pits in the web. The
                                                                                                            location of these electrode pits, when                   The results from the metallurgical
                                                    1. Note that all comments received will
                                                    be posted without change to http://                     they occur, is typically four to eight                analysis also suggested premature and
                                                    www.Regulations.gov, including any                      inches on either side of the weld.                    sudden rail failure may result from high
                                                    personal information provided. Please                   Electrode-induced pitting from pressure               wheel-impact load (e.g., flat wheel),
                                                    see the Privacy Act Statement in this                   electric welding may also occur in the                especially in cold-weather
                                                    document.                                               head and base of the rail. At this time,              environments when the longitudinal rail
                                                                                                            it is unclear whether traditional                     force is tensile. Results from the
                                                    FOR FURTHER INFORMATION CONTACT: Mr.                                                                          chemical analysis and mechanical
                                                                                                            ultrasonic rail testing can consistently
                                                    Matthew Brewer, Staff Director, Rail                                                                          testing indicated the chemistry and
                                                                                                            detect electrode-induced pitting.
                                                    Integrity Division, Office of Railroad                     In 2016, FRA’s Office of Railroad                  mechanical properties of the rails
                                                    Safety, FRA, 500 Broadway, Suite 240,                   Safety requested technical support from               selected for evaluation were within
                                                    Vancouver, WA 98660, telephone (202)                    The National Transportation Systems                   specifications the American Railway
                                                    385–2209; or Mr. Aaron Moore, Trial                     Center (Volpe) to study the fatigue and               Engineering and Maintenance-of-Way
                                                    Attorney, Office of Chief Counsel, FRA,                 fracture behavior of rails with pitting               Association (AREMA) published, except
                                                    1200 New Jersey Avenue SE.,                             from electrodes used in welding. Volpe                for the hardness measurements in one
                                                    Washington, DC 20590, telephone (202)                   enlisted technical support from the U.S.              rail, which were slightly lower than the
                                                    493–7009.                                               Army’s Benét Laboratories (Benét) to                AREMA minimum. Hardness is a
                                                    SUPPLEMENTARY INFORMATION:                              conduct forensic examination of three                 measure of the resistance of a material
                                                    Draft Safety Advisory                                   rail sections with electrode-induced                  to surface indentation produced by a
                                                                                                            pitting in the web from the pressure                  carbide indenter applied at a given load
                                                       FRA routinely conducts investigations                electric welding process. FRA obtained                for a given length of time. The lower
                                                    of railroad accidents to determine                      these rails from members of the railroad              hardness in that rail, manufactured in
                                                    causation and any contributing factors                  industry. Benét’s examination included               the 1950s, may be attributed to lower
                                                    to help the railroad industry implement                 fractography (the science of studying                 concentrations (compared to the other
                                                    corrective measures that may prevent                    fracture surfaces to identify the origin              two rails) of alloying elements,
                                                    similar incidents in the future. Over the               and causes of fracture), metallography                specifically carbon, silicon, and
                                                    past decade, FRA has investigated                       (the science of studying the                          chromium, which were still within
                                                    multiple broken rail accidents in which                 microstructure of metals to provide                   AREMA tolerances. Testing of the
                                                    it found fractures in the rail web.                     information concerning the properties                 chemistry and the mechanical
                                                    Similarities in the fracture                            and processing history of metallic                    properties revealed all three rails were
                                                    characteristics of the recovered rail                   alloys), and testing to determine the                 made from standard quality steel
                                                    fragments in some of these accidents                    chemical composition and tensile                      containing no other defects except the
                                                    have led FRA to conclude stray arcing                   mechanical properties of the rail steel.              electrode-induced pitting.
                                                    may occur during the pressure electric                  Benét confirmed FRA’s hypothesis that
                                                    welding process performed to create                     electrode-induced web fatigue cracking                   FRA presented its concerns about
                                                    continuous welded rails.                                is a result of pitting caused by                      electrode-induced rail pitting and
                                                       Pressure electric welding is the                     inadequate electrode-to-rail contact.                 fatigue cracking to the Railroad Safety
                                                    process of using a hydraulically-                          Specifically, Benét’s metallurgical               Advisory Committee’s Rail Integrity
                                                    operated welding head that clamps                       analyses concluded the cracking in the                Working Group. FRA also advised the
                                                    around two opposing rail ends, pressing                 rail web originated from the pitting                  Working Group that FRA was
                                                    an electrode on each rail, then                         created by inadequate electrode-to-rail               considering issuing a safety advisory to
                                                    hydraulically pulling the rail ends                     contact during the pressure electric                  ensure all parties are aware of the
                                                    together while arcing current through                   welding process. The fractographic and                potential for electrode-induced pitting
                                                    the electrodes into the rails, causing                  metallographic examinations revealed                  and fatigue cracking (as identified in the
                                                    them to essentially melt together to form               evidence of fatigue cracking originating              figures below) and the pressure electric
                                                    a continuous rail. FRA believes stray                   from the pitting and fast fracture once               welding process is performed properly.
                                                    arcing during this process results in the               the fatigue crack reached a critical                  (FRA has posted a copy of this notice on
                                                    formation of electrode burns or pits on                                                                       its public Web site, www.fra.dot.gov,
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                                                                                                            length. Figure 2 below shows three
                                                    the web, head, or base of the rail.                     photographs of the fracture surface of a              where you may view the figures below
                                                    Fractures in the rail may originate from                crack found in one of the rails Benét                in their full resolution.)
                                                    the electrode pits because they behave                  examined. These photographs support                   BILLING CODE 4910–06–P




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                                                                               Federal Register / Vol. 82, No. 157 / Wednesday, August 16, 2017 / Notices                                         38991




                                                                                                           Figure 1: Electrode-Induced Pits in a Rail




                                                                                                       Figure 2: Photographs of Crack Fracture Surface in Examined Rail
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                                                                                                         Figure 3: Photographs ofRail Cross Sections

                                                    BILLING CODE 4910–06–C
                                                                                                            rail failure, FRA recommends railroads,                 1. Prevent electrode-induced rail
                                                      Recommended Action: Based on the                      contractors, and the rail welding                     pitting from occurring by:
                                                    discussion above, and to prevent future                 industry develop and apply appropriate                  a. Reviewing proper pre- and post-
                                                    electrode-induced pitting and fatigue                   methods to:                                           weld procedures to avoid the
                                                    cracking which may lead to premature
                                                                                                                                                                                                          EN16AU17.003</GPH>




                                                                                                                                                                  development of electrode pitting;


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                                                    38992                      Federal Register / Vol. 82, No. 157 / Wednesday, August 16, 2017 / Notices

                                                       b. Improving welder training                         SUMMARY:   Ride the Ducks International,              closing date will also be filed and will
                                                    programs to ensure consistency in                       LLC (RTDI), has determined that certain               be considered to the fullest extent
                                                    welding procedures, especially for the                  model year (MY) 1996–2014 Ride the                    possible.
                                                    pressure electric welding process; and                  Ducks International Stretch Amphibious                  When the petition is granted or
                                                       c. Developing and scheduling                         passenger vehicles (APVs) do not fully                denied, notice of the decision will also
                                                    appropriate pressure electric welding                   comply with Federal Motor Vehicle                     be published in the Federal Register
                                                    maintenance and rail testing programs.                  Safety Standard (FMVSS) No. 103,                      pursuant to the authority indicated at
                                                       2. Identify electrode-induced rail                   Windshield Defrosting and Defogging                   the end of this notice.
                                                    pitting by:                                             Systems. RTDI filed a noncompliance                     All comments, background
                                                       a. Inspecting the rail upon completion               information report dated March 15,                    documentation, and supporting
                                                    of welding, and reviewing the                           2017. RTDI also petitioned NHTSA on                   materials submitted to the docket may
                                                    documentation in the weld report to                     April 12, 2017, for a decision that the               be viewed by anyone at the address and
                                                    help identify if pitting occurred;                      subject noncompliance is                              times given above. The documents may
                                                       b. Visually inspecting existing welds                inconsequential as it relates to motor                also be viewed on the Internet at https://
                                                    for electrode-induced pitting during                    vehicle safety.                                       www.regulations.gov by following the
                                                    routine track inspections; and                          DATES: The closing date for comments                  online instructions for accessing the
                                                       c. Considering alternative methods of                on the petition is September 15, 2017.                dockets. The docket ID number for this
                                                    identifying electrode-induced pitting,                  ADDRESSES: Interested persons are
                                                                                                                                                                  petition is shown in the heading of this
                                                    such as ultrasonic testing, machine                     invited to submit written data, views,                notice.
                                                    vision, etc.                                            and arguments on this petition.                         DOT’s complete Privacy Act
                                                       3. Remediate any identified electrode-               Comments must refer to the docket and                 Statement is available for review in a
                                                    induced pitting by:                                     notice number cited in the title of this              Federal Register notice published on
                                                       a. Removing the section of rail                      notice and submitted by any of the                    April 11, 2000, (65 FR 19477–78).
                                                    containing electrode-induced pitting                    following methods:                                    SUPPLEMENTARY INFORMATION:
                                                    and re-welding the rail; or                               • Mail: Send comments by mail                         I. Overview: Ride the Ducks
                                                       b. Developing and applying possible                  addressed to U.S. Department of                       International, LLC (RTDI), has
                                                    alternative methods to remove                           Transportation, Docket Operations, M–                 determined that certain model year
                                                    electrode-induced pitting, such as                      30, West Building Ground Floor, Room                  (MY) 1996–2014 Ride the Ducks
                                                    drilling, if electrode-induced pitting is               W12–140, 1200 New Jersey Avenue SE.,                  International Stretch Amphibious
                                                    found and the section of rail cannot be                 Washington, DC 20590.                                 passenger vehicles (APVs) do not fully
                                                    readily removed or re-welded.                             • Hand Delivery: Deliver comments                   comply with paragraph S4.1 of Federal
                                                       FRA requests public comment on all                   by hand to U.S. Department of                         Motor Vehicle Safety Standard (FMVSS)
                                                    aspects of this draft Safety Advisory.                  Transportation, Docket Operations, M–                 No. 103, Windshield Defrosting and
                                                       Privacy Act Statement: Anyone can                    30, West Building Ground Floor, Room                  Defogging Systems. RTDI filed a
                                                    search the electronic form of all                       W12–140, 1200 New Jersey Avenue SE.,                  noncompliance information report
                                                    comments received into any of DOT’s                     Washington, DC 20590. The Docket                      dated March 15, 2017, pursuant to 49
                                                    dockets by the name of the individual                   Section is open on weekdays from 10                   CFR 573, Defect and Noncompliance
                                                    submitting the comment (or signing the                  a.m. to 5 p.m. except Federal Holidays.               Responsibility and Reports. RTDI also
                                                    comment, if submitted on behalf of an                     • Electronically: Submit comments                   petitioned NHTSA on April 12, 2017,
                                                    association, business, labor union, etc.).              electronically by logging onto the                    pursuant to 49 U.S.C. 30118(d) and
                                                    You may review DOT’s complete                           Federal Docket Management System                      30120(h) and 49 CFR part 556, for an
                                                    Privacy Act Statement in the Federal                    (FDMS) Web site at https://                           exemption from the notification and
                                                    Register published on April 11, 2000                    www.regulations.gov/. Follow the online               remedy requirements of 49 U.S.C.
                                                    (65 FR 19477), or you may visit http://                 instructions for submitting comments.                 Chapter 301 on the basis that this
                                                    www.regulations.gov/#!privacyNotice.                       • Comments may also be faxed to                    noncompliance is inconsequential as it
                                                      Issued in Washington, DC, on August 10,               (202) 493–2251.                                       relates to motor vehicle safety.
                                                    2017.                                                      Comments must be written in the                      This notice of receipt of RTDI’s
                                                    Patrick Warren,                                         English language, and be no greater than              petition is published under 49 U.S.C.
                                                    Executive Director.                                     15 pages in length, although there is no              30118 and 30120 and does not represent
                                                    [FR Doc. 2017–17285 Filed 8–15–17; 8:45 am]             limit to the length of necessary                      any agency decision or other exercise of
                                                                                                            attachments to the comments. If                       judgment concerning the merits of the
                                                    BILLING CODE 4910–06–P
                                                                                                            comments are submitted in hard copy                   petition.
                                                                                                            form, please ensure that two copies are                 II. Vehicles Involved: Approximately
                                                    DEPARTMENT OF TRANSPORTATION                            provided. If you wish to receive                      105 MY 1996–2014 Ride the Ducks
                                                                                                            confirmation that comments you have                   International Stretch APVs,
                                                    National Highway Traffic Safety                         submitted by mail were received, please               manufactured between January 1, 1996,
                                                    Administration                                          enclose a stamped, self-addressed                     and December 31, 2014, are potentially
                                                                                                            postcard with the comments. Note that                 involved.
                                                    [Docket No. NHTSA–2017–0035; Notice 1]                  all comments received will be posted                    III. Noncompliance: RTDI explained
                                                                                                                                                                  that the noncompliance is that the
asabaliauskas on DSKBBXCHB2PROD with NOTICES




                                                                                                            without change to https://
                                                    Ride the Ducks International, LLC,                      www.regulations.gov, including any                    subject vehicles were manufactured
                                                    Receipt of Petition for Decision of                     personal information provided.                        without a windshield defrosting and
                                                    Inconsequential Noncompliance                              All comments and supporting                        defogging system, as required by
                                                                                                            materials received before the close of                paragraph S4.1 of FMVSS No. 103.
                                                    AGENCY:  National Highway Traffic
                                                                                                            business on the closing date indicated                  IV. Rule Text: Paragraph S4.1 of
                                                    Safety Administration (NHTSA),
                                                                                                            above will be filed in the docket and                 FMVSS No. 103 states in pertinent part:
                                                    Department of Transportation (DOT).
                                                                                                            will be considered. All comments and                    S4.1 Each vehicle shall have a
                                                    ACTION: Receipt of petition.
                                                                                                            supporting materials received after the               windshield defrosting and defogging system



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Document Created: 2017-08-16 10:27:21
Document Modified: 2017-08-16 10:27:21
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
ActionNotice of draft Safety Advisory; request for comment.
DatesInterested persons are invited to submit comments on the draft Safety Advisory provided below on or before October 16, 2017.
ContactMr. Matthew Brewer, Staff Director, Rail Integrity Division, Office of Railroad Safety, FRA, 500 Broadway, Suite 240, Vancouver, WA 98660, telephone (202) 385-2209; or Mr. Aaron Moore, Trial Attorney, Office of Chief Counsel, FRA, 1200 New Jersey Avenue SE., Washington, DC 20590, telephone (202) 493-7009.
FR Citation82 FR 38989 

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