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


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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:
    <bullet> Web site: http://www.regulations.gov. Follow the online 
instructions for submitting comments.
    <bullet> Fax: 202-493-2251.
    <bullet> Mail: Docket Operations Facility, U.S. Department of 
Transportation, 1200 New Jersey Avenue, SE., W12-140, Washington, DC 
20590.
    <bullet> 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]
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