Petition for Waiver of Compliance, 82140 [2010-32819]
Download as PDF
<![CDATA[
82140
Federal Register / Vol. 75, No. 249 / Wednesday, December 29, 2010 / Notices
Issued in Washington, DC on December 23,
2010.
Robert C. Lauby,
Deputy Associate Administrator for
Regulatory and Legislative Operations.
[FR Doc. 2010–32823 Filed 12–28–10; 8:45 am]
BILLING CODE 4910–06–P
DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
Petition for Waiver of Compliance
In accordance with Title 49 Code of
Federal Regulations (CFR) Part 211,
notice is hereby given that the Federal
Railroad Administration (FRA) has
received a request for a waiver of
compliance from certain requirements
of its safety standards. The individual
petition is described below, including
the party seeking relief, the regulatory
provisions involved, the nature of the
relief being requested, and the
petitioner’s arguments in favor of relief.
CSX Transportation, Inc.
srobinson on DSKHWCL6B1PROD with NOTICES
[Waiver Petition Docket Number FRA–2010–
0173]
Pursuant to 49 CFR 213.113(a), and
with respect to testing Class 1 tracks in
yards, CSX Transportation, Inc. (CSX)
petitions for a waiver from applying
remedial actions, which are prescribed
for defects found during rail inspections
for Class 3 tracks and above, and is
proposing alternate remedial actions to
be taken for defects found during
inspection of Class 1 yard tracks.
CSX requests a waiver from 49 CFR
213.113 remedial actions for the
following reasons:
1. Inspection of rail is not required for
Class 1 yard tracks under 49 CFR
213.237, and a program to do so (under
a waiver grant) increases safety beyond
present requirements.
2. Class 1 yard tracks are low risk due
to the 10 mph maximum speed.
3. Defect growth, which is dependent
on accumulated tonnage, is slower on
Class 1 yard tracks due to slow
accumulation of tonnage.
4. Yard tracks can have unusual rail
sections requiring uncommon rail plugs
and bars, which can extend the remedial
action lead time beyond the actions
prescribed for Class 3 and above tracks.
5. The proposed Class 1 yard track
remedial actions provide for additional
time, if necessary and prudent, to relay
and replace fit rail into the track instead
of using plug rail.
6. Application of remedial actions of
defects found in Class 3 and above
tracks, to defects found in Class 1 yard
tracks, may divert limited resources and
VerDate Mar<15>2010
02:10 Dec 29, 2010
Jkt 223001
focus away from higher risk Class 3 and
above tracks.
CSX proposes the following remedial
actions for defects found during rail
inspection of Class 1 yard track, and
requests that this waiver be granted to
apply these remedial actions to Class 1
yard track only. (Refer to 49 CFR
213.113(a)(2), remedial action table and
notes.)
Proposed remedial actions for defects
found during testing of Class 1 yard
tracks:
1. Compound fissure:
• Note B, no change.
• Note A2, change to, ‘‘* * * up to 48
hours prior to another such visual
inspection * * *.’’
• Note A, no change.
2. Transverse fissure, detail fracture,
engine burn fracture, defective weld:
• Less than 80 percent but not less
than 60 percent; apply bars within 48
hours.
• 100 percent but not less than 80
percent; inspect every 48 hours until
repaired or bars applied.
3. Horizontal split head, vertical split
head, split web, piped rail, and head
and web separation:
• Greater than 1 inch and less than 4
inches; inspect rail during monthly yard
track inspection.
• Greater than 4 inches; inspect every
48 hours until repaired or bars applied.
• Break out in rail head; inspect every
48 hours until repaired or bars applied.
4. Bolt hole crack:
• Greater than 1⁄2 inch and less than
11⁄2 inches; inspect rail during monthly
yard track inspection.
• Break out in rail head; inspect every
48 hours until repaired or bars applied.
5. Broken base, damaged rail:
• Inspect during monthly yard track
inspection.
6. Ordinary break:
• Apply bars within 48 hours.
Once granted, this waiver will
improve track safety by specifically
identifying rail inspection programs for
yard tracks and prescribing remedial
actions specific to yard tracks.
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–2010–
PO 00000
Frm 00176
Fmt 4703
Sfmt 4703
0173) and may be submitted by any of
the following methods:
• Web site: https://
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 within 45
days of the date of this notice will be
considered by FRA before final action is
taken. Comments received after that
date will be considered as far as
practicable. All written communications
concerning these proceedings are
available for examination during regular
business hours (9 a.m.–5 p.m.) at the
above facility. All documents in the
public docket are also available for
inspection and copying on the Internet
at the docket facility’s Web site at
https://www.regulations.gov.
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 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 (Volume
65, Number 70; Page 19477–78) or at
https://www.dot.gov/privacy.html.
Issued in Washington, DC, on December
23, 2010.
Robert C. Lauby,
Deputy Associate Administrator for
Regulatory and Legislative Operations.
[FR Doc. 2010–32819 Filed 12–28–10; 8:45 am]
BILLING CODE 4910–06–P
DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
Petition for Waiver of Compliance
In accordance with Title 49 Code of
Federal Regulations (CFR) Part 211,
notice is hereby given that the Federal
Railroad Administration (FRA) has
received a request for a waiver of
compliance from certain requirements
of its safety standards. The individual
petition is described below, including
the party seeking relief, the regulatory
provisions involved, the nature of the
relief being requested, and the
petitioner’s arguments in favor of relief.
E:\FR\FM\29DEN1.SGM
29DEN1
]]>Agencies
[Federal Register Volume 75, Number 249 (Wednesday, December 29, 2010)]
[Notices]
[Page 82140]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-32819]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
Petition for Waiver of Compliance
In accordance with Title 49 Code of Federal Regulations (CFR) Part
211, notice is hereby given that the Federal Railroad Administration
(FRA) has received a request for a waiver of compliance from certain
requirements of its safety standards. The individual petition is
described below, including the party seeking relief, the regulatory
provisions involved, the nature of the relief being requested, and the
petitioner's arguments in favor of relief.
CSX Transportation, Inc.
[Waiver Petition Docket Number FRA-2010-0173]
Pursuant to 49 CFR 213.113(a), and with respect to testing Class 1
tracks in yards, CSX Transportation, Inc. (CSX) petitions for a waiver
from applying remedial actions, which are prescribed for defects found
during rail inspections for Class 3 tracks and above, and is proposing
alternate remedial actions to be taken for defects found during
inspection of Class 1 yard tracks.
CSX requests a waiver from 49 CFR 213.113 remedial actions for the
following reasons:
1. Inspection of rail is not required for Class 1 yard tracks under
49 CFR 213.237, and a program to do so (under a waiver grant) increases
safety beyond present requirements.
2. Class 1 yard tracks are low risk due to the 10 mph maximum
speed.
3. Defect growth, which is dependent on accumulated tonnage, is
slower on Class 1 yard tracks due to slow accumulation of tonnage.
4. Yard tracks can have unusual rail sections requiring uncommon
rail plugs and bars, which can extend the remedial action lead time
beyond the actions prescribed for Class 3 and above tracks.
5. The proposed Class 1 yard track remedial actions provide for
additional time, if necessary and prudent, to relay and replace fit
rail into the track instead of using plug rail.
6. Application of remedial actions of defects found in Class 3 and
above tracks, to defects found in Class 1 yard tracks, may divert
limited resources and focus away from higher risk Class 3 and above
tracks.
CSX proposes the following remedial actions for defects found
during rail inspection of Class 1 yard track, and requests that this
waiver be granted to apply these remedial actions to Class 1 yard track
only. (Refer to 49 CFR 213.113(a)(2), remedial action table and notes.)
Proposed remedial actions for defects found during testing of Class
1 yard tracks:
1. Compound fissure:
Note B, no change.
Note A2, change to, ``* * * up to 48 hours prior to
another such visual inspection * * *.''
Note A, no change.
2. Transverse fissure, detail fracture, engine burn fracture,
defective weld:
Less than 80 percent but not less than 60 percent; apply
bars within 48 hours.
100 percent but not less than 80 percent; inspect every 48
hours until repaired or bars applied.
3. Horizontal split head, vertical split head, split web, piped
rail, and head and web separation:
Greater than 1 inch and less than 4 inches; inspect rail
during monthly yard track inspection.
Greater than 4 inches; inspect every 48 hours until
repaired or bars applied.
Break out in rail head; inspect every 48 hours until
repaired or bars applied.
4. Bolt hole crack:
Greater than \1/2\ inch and less than 1\1/2\ inches;
inspect rail during monthly yard track inspection.
Break out in rail head; inspect every 48 hours until
repaired or bars applied.
5. Broken base, damaged rail:
Inspect during monthly yard track inspection.
6. Ordinary break:
Apply bars within 48 hours.
Once granted, this waiver will improve track safety by specifically
identifying rail inspection programs for yard tracks and prescribing
remedial actions specific to yard tracks.
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-
2010-0173) and may be submitted by any of the following methods:
Web site: https://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 within 45 days of the date of this notice
will be considered by FRA before final action is taken. Comments
received after that date will be considered as far as practicable. All
written communications concerning these proceedings are available for
examination during regular business hours (9 a.m.-5 p.m.) at the above
facility. All documents in the public docket are also available for
inspection and copying on the Internet at the docket facility's Web
site at https://www.regulations.gov.
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 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 (Volume 65, Number 70; Page 19477-
78) or at https://www.dot.gov/privacy.html.
Issued in Washington, DC, on December 23, 2010.
Robert C. Lauby,
Deputy Associate Administrator for Regulatory and Legislative
Operations.
[FR Doc. 2010-32819 Filed 12-28-10; 8:45 am]
BILLING CODE 4910-06-P
