Federal Register / Vol. 75, No. 249 / Wednesday, December 29, 2010 / Notices 82139 

SE 144th Avenue private crossing and to 

identify a low cost safety improvement 

for the crossing. BNSF only supported a 

full supplemental safety measure (SSM) 

consisting of a four-quadrant gate 

improvement. This would result in 

significant civil improvements and 

associated costs (estimated to be more 

than $500,000) and environmental 

impacts to a nearby wetland. At the 

second diagnostic team meeting, input 

from additional parties was sought out, 

and included representatives from the 

Washington State Department of 

Transportation Rail Office, Amtrak, and 

the Washington Utility and 

Transportation Commission. The 

diagnostic team, again, was not able to 

reach consensus, so an SSM of a fourquadrant gate system was recommended 

by BNSF as the default SSM. The use of 

wayside horns was discussed but was 

unacceptable to the residents in the 

area. 

The City states that it works closely 

with BNSF on a variety of projects and 

believes it has a good working 

relationship with the railroad. The City 

contacted BNSF immediately regarding 

the proposed waiver. The City requested 

BNSF’s input on this waiver; however, 

BNSF has indicated in a letter dated 

October 29, 2010, that it will not 

support the City’s petition. The City 

does not believe a joint petition, in this 

particular case, significantly contributes 

to public safety. 

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– 

0170) 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; Pages 19477–78). 

Issued in Washington, DC on December 23, 

2010. 

Robert C. Lauby, 

Deputy Associate Administrator for 

Regulatory and Legislative Operations. 

[FR Doc. 2010–32826 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 part 211 of Title 

49 Code of Federal Regulations (CFR), 

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. 

Grand Canyon Railway, Inc. 

[Waiver Petition Docket Number FRA–2010– 

0143] 

The Grand Canyon Railway, Inc. 

(GRCX) seeks a waiver of compliance 

with the Steam Locomotive Inspection 

and Maintenance Standards, 49 CFR 

230.16 and 230.17, as they pertain to the 

requirement for annual inspection and 

1,472 service day inspection for steam 

locomotive number 4960. Locomotive 

number 4960 inspections are due to 

expire on June 30, 2011, and GRCX 

request the locomotive be allowed to 

continue in service until September 30, 

2011, an additional 92 days. If granted, 

the locomotive would accrue an 

additional 10 service days and would 

receive all required inspections after the 

September 30, 2011, date. 

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– 

0143) 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 

document (or signing the document, 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 at http://www.dot.gov/ 

privacy.html. 


srobinson on DSKHWCL6B1PROD with NOTICES
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