Petition for Waiver of Compliance, 80449-80450 [2015-32453]

Download as PDF Federal Register / Vol. 80, No. 247 / Thursday, December 24, 2015 / Notices docket referenced at the beginning of this notice. FMCSA would like to know the views of the public on the concept, with any data or analysis to support it, with regard to 3 basic areas: (1) What voluntary technologies or safety program best practices would be appropriate for beyond compliance; (2) what type of incentives would encourage motor carriers to invest in technologies and best practices programs; and (3) how FMCSA would verify that the voluntary technologies or safety programs are being implemented. FMCSA will docket the transcripts of the webcast and a separate transcription of each listening session will be prepared by an official court reporter. Dated: December 18, 2015. Larry W. Minor, Associate Administrator for Policy. [FR Doc. 2015–32358 Filed 12–23–15; 8:45 am] BILLING CODE 4910–EX–P DEPARTMENT OF TRANSPORTATION Federal Railroad Administration [Docket Number FRA–2005–20383] mstockstill on DSK4VPTVN1PROD with NOTICES Petition for Waiver of Compliance In accordance with part 211 of Title 49 of the Code of Federal Regulations (CFR), this document provides the public notice that by a document dated October 28, 2015, the Maine Eastern Railroad (MERR) 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 236. FRA assigned the petition Docket Number FRA–2005–20383. This request is for relief from the mechanical locking requirements found in 49 CFR 236.312, Movable bridge, interlocking of signal appliances with bridge devices, on the Carlton Bridge at Bath, ME, Milepost 30.0 on the Rockland Branch. Specifically, MERR requests permission to detect displacement of the bridge-locking members when displaced more than 2 inches from their proper position, instead of the existing 1-inch requirement. MERR states that it was granted relief from the 1-inch locking requirement in 2005 in Docket Number FRA–2005– 20383, but allowed that waiver to expire in 2010. MERR notes that it is not possible to maintain the 1-inch span lock retraction limit in cold-temperature extremes. These conditions will cause the movable span-locking members to move within the fixed span positions VerDate Sep<11>2014 17:57 Dec 23, 2015 Jkt 238001 enough to cause a noncompliance of the 1-inch requirement. The contraction of the steel affects the moveable span’s west-end span lock adjustment, which requires a maintainer to travel to the bridge piers to seasonally adjust both west-end span lock circuit controller boxes to a setting of 2 inches to compensate for the contraction. Later in the season, the settings must be returned to 1 inch. This often places the maintainer at a safety risk due to icy conditions. The span lock members extend approximately 13 inches in length into the fixed portions when the movable span is locked with the fixed span. 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 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 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 by February 8, 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 PO 00000 Frm 00138 Fmt 4703 Sfmt 4703 80449 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 https:// 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. 2015–32450 Filed 12–23–15; 8:45 am] BILLING CODE 4910–06–P 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 E:\FR\FM\24DEN1.SGM 24DEN1 mstockstill on DSK4VPTVN1PROD with NOTICES 80450 Federal Register / Vol. 80, No. 247 / Thursday, December 24, 2015 / Notices 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: VerDate Sep<11>2014 17:57 Dec 23, 2015 Jkt 238001 • 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 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 https:// 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 DEPARTMENT OF TRANSPORTATION Federal Railroad Administration [Docket Number FRA–2015–0127] 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 November 3, 2015, General Electric Transportation (GE) 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 229, Railroad Locomotive Safety Standards. FRA assigned the petition Docket Number FRA–2015–0127. GE has requested a waiver of compliance from the requirement of 49 PO 00000 Frm 00139 Fmt 4703 Sfmt 4703 CFR 229.129(b)(1), that each locomotive (or a sampling of similar locomotives) be tested for compliance with the sound level requirements given in 49 CFR 229.129(a)(1) prior to entering service, for 31 new ET44AC Locomotives to be delivered to CSX Transportation (CSX) and numbered CSX 3375 to CSX 3405. The locomotives will be manufactured in Erie, PA, and delivered to purchasers from January through March 2016, when weather conditions will likely preclude successful testing in accordance with 49 CFR 229.129(c)(6). GE requests that the deadline for completing the horn testing on these locomotives be extended until September 30, 2016. In support of this petition, GE has submitted data showing that horns on the previous 2015 model ET44AC locomotives were compliant with both high and low sound level requirements, with some margin above the minimum and below the maximum. GE also submitted illustrations demonstrating that the horn location has not been altered and that the only concern is changes in the component of the horn noise affected by reflectance off the roof and roof discontinuities on the 2016 model locomotives. Changes are generally less than 2 inches. 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 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, E:\FR\FM\24DEN1.SGM 24DEN1

Agencies

[Federal Register Volume 80, Number 247 (Thursday, December 24, 2015)]
[Notices]
[Pages 80449-80450]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-32453]


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

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: 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 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 https://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

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