Petition for Waiver of Compliance, 82140-82141 [2010-32815]

Download as PDF 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 Federal Register / Vol. 75, No. 249 / Wednesday, December 29, 2010 / Notices CSX Transportation, Inc. srobinson on DSKHWCL6B1PROD with NOTICES [Waiver Petition Docket Number FRA–2010– 0172] Pursuant to 49 CFR 213.113(a), CSX Transportation, Inc. (CSX) petitions for a waiver from the accepted practice of start/stop rail testing for Phase III of our nonstop continuous rail test pilot project beginning April 1, 2011, for a period of up to 1 year on the main tracks between Richmond, VA, and Jacksonville, FL. The subdivisions that would be traversed are the North End, South End, Charleston, Savannah, Nahunta, and Jacksonville Terminal. Based on the results of the previous phases of nonstop continuous rail test, CSX will not perform parallel/ redundant start/stop rail testing on track segments being nonstop continuous rail tested under this waiver. Instead, CSX will produce biweekly, nonstop, continuous rail test reports for review by the FRA Rail Integrity managers. The nonstop continuous high-speed rail test vehicle will be a self-propelled/ railbound ultrasound/induction flaw detection vehicle operating at speeds up to 30 mph. This vehicle will make runs every 2 weeks over the assigned territory. Upon completion of each run, data will be analyzed offline by a group of experts with experience in this process. The analysis will categorize and prioritize suspected defective locations for post-test verification. Two or three teams of verifiers will then be sent out with field instruments to check these suspect locations based upon GPS coordinates. All suspect locations will be checked 60 feet on either side of the suspect GPS location. Remedial actions will be applied as per 49 CFR 213.113 for confirmed rail defects. Nonstop continuous rail testing will provide the capability to test the track more quickly and frequently, and to minimize the risk of rail service failures. 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– 0172) and may be submitted by any of the following methods: VerDate Mar<15>2010 02:10 Dec 29, 2010 Jkt 223001 • 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. 2010–32815 Filed 12–28–10; 8:45 am] BILLING CODE 4910–06–P DEPARTMENT OF TRANSPORTATION Maritime Administration [Docket No. MARAD–2010–0111] Stakeholder Meetings Regarding the U.S.-Flag Great Lakes Fleet Revitalization Study Maritime Administration, Department of Transportation. ACTION: Notice. AGENCY: The purpose of this notice is to announce three public listeningsession meetings that are being held to gather data and comments to inform the Maritime Administration’s U.S.-Flag Great Lakes Fleet Revitalization Study. The three meetings will be identical in SUMMARY: PO 00000 Frm 00177 Fmt 4703 Sfmt 4703 82141 terms of agenda and purpose; they are being held in the different locations to maximize stakeholder participation. The U.S.-Flag Great Lakes Fleet Revitalization Study will examine the current and potential future role of Great Lakes shipping in supporting the region’s economy and as an important component of the greater U.S. Marine Highway system serving the Nation at large. It will also be used to assess the impact of new environmental regulations on the U.S.-Flag Great Lakes Fleet. Of particular interest is the likely impact of the EPA’s final emission standards for new marine diesel ‘‘Category 3’’ engines that goes into effect in January 2012. This study calls for the identification and evaluation of options to recapitalize U.S. vessels and port infrastructure on the Great Lakes, using private and public sector investments, to generate the greatest net benefits for the region and the Nation. This Maritime Administration study will be a two-phase effort to estimate the costs and options for complying with the new environmental regulations. The first phase will be a data gathering effort. An inventory of current vessel and port assets will be developed. That inventory will be used to determine if the Maritime Administration can assist the U.S. Flag Great Lakes vessel operators in complying with the new regulations. During the second phase of the study, the Maritime Administration will examine a mix of private and public sector financing options that could be used for vessel or port alterations necessitated by the new environmental regulations. This analysis will be used in developing strategies for how the Maritime Administration might assist the U.S.-Flag Great Lakes Fleet and ports in making those changes. The Maritime Administration will use the study’s findings to develop strategies to promote the U.S.-Flag Great Lakes Fleet and Ports. Stakeholder input is an essential part of the strategydevelopment process, so the study plan includes three stakeholder listeningsessions where the important issues raised by the study will be discussed. Topics of discussion include the new EPA environmental regulations such as the Control of Emissions from Category 3 Marine Engines and their impact on Great Lakes vessel operators, the state of the Great Lakes shipping markets, and issues facing vessel operators and port operators. FOR FURTHER INFORMATION CONTACT: For general background information or technical information, contact Stephen E:\FR\FM\29DEN1.SGM 29DEN1

Agencies

[Federal Register Volume 75, Number 249 (Wednesday, December 29, 2010)]
[Notices]
[Pages 82140-82141]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-32815]


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

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.

[[Page 82141]]

CSX Transportation, Inc.

[Waiver Petition Docket Number FRA-2010-0172]

    Pursuant to 49 CFR 213.113(a), CSX Transportation, Inc. (CSX) 
petitions for a waiver from the accepted practice of start/stop rail 
testing for Phase III of our nonstop continuous rail test pilot project 
beginning April 1, 2011, for a period of up to 1 year on the main 
tracks between Richmond, VA, and Jacksonville, FL. The subdivisions 
that would be traversed are the North End, South End, Charleston, 
Savannah, Nahunta, and Jacksonville Terminal.
    Based on the results of the previous phases of nonstop continuous 
rail test, CSX will not perform parallel/redundant start/stop rail 
testing on track segments being nonstop continuous rail tested under 
this waiver. Instead, CSX will produce biweekly, nonstop, continuous 
rail test reports for review by the FRA Rail Integrity managers.
    The nonstop continuous high-speed rail test vehicle will be a self-
propelled/railbound ultrasound/induction flaw detection vehicle 
operating at speeds up to 30 mph. This vehicle will make runs every 2 
weeks over the assigned territory. Upon completion of each run, data 
will be analyzed offline by a group of experts with experience in this 
process. The analysis will categorize and prioritize suspected 
defective locations for post-test verification. Two or three teams of 
verifiers will then be sent out with field instruments to check these 
suspect locations based upon GPS coordinates. All suspect locations 
will be checked 60 feet on either side of the suspect GPS location. 
Remedial actions will be applied as per 49 CFR 213.113 for confirmed 
rail defects.
    Nonstop continuous rail testing will provide the capability to test 
the track more quickly and frequently, and to minimize the risk of rail 
service failures.
    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-
2010-0172) 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. 2010-32815 Filed 12-28-10; 8:45 am]
BILLING CODE 4910-06-P

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