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. 

[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 

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– 

0173) and may be submitted by any of 

the following methods: 

• Web site: http:// 

www.regulations.gov. Follow the online 

instructions for submitting comments. 

• Fax: 202–493–2251. 

• Mail: Docket Operations Facility, 

U.S. Department of Transportation, 1200 

New Jersey Avenue, SE., W12–140, 

Washington, DC 20590. 

• Hand Delivery: 1200 New Jersey 

Avenue, SE., Room W12–140, 

Washington, DC 20590, between 9 a.m. 

and 5 p.m., Monday through Friday, 

except Federal holidays. 

Communications received 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 

http://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 

http://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. 


srobinson on DSKHWCL6B1PROD with NOTICES
Federal Register / Vol. 75, No. 249 / Wednesday, December 29, 2010 / Notices 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: http:// 

www.regulations.gov. Follow the online 

instructions for submitting comments. 

• Fax: 202–493–2251. 

• Mail: Docket Operations Facility, 

U.S. Department of Transportation, 1200 

New Jersey Avenue, SE., W12–140, 

Washington, DC 20590. 

• Hand Delivery: 1200 New Jersey 

Avenue, SE., Room W12–140, 

Washington, DC 20590, between 9 a.m. 

and 5 p.m., Monday through Friday, 

except Federal holidays. 

Communications received 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 

http://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 

http://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 

AGENCY: Maritime Administration, 

Department of Transportation. 

ACTION: Notice. 

SUMMARY: 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 

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 


srobinson on DSKHWCL6B1PROD with NOTICES