Federal Register / Vol. 82, No. 157 / Wednesday, August 16, 2017 / Notices 38989 

Management and Budget. Comments 

should be addressed to the attention of 

the Desk Officer, Department of 

Transportation/Federal Motor Carrier 

Safety Administration, and sent via 

electronic mail to oira_submission@

omb.eop.gov, or faxed to (202) 395– 

6974, or mailed to the Office of 

Information and Regulatory Affairs, 

Office of Management and Budget, 

Docket Library, Room 10102, 725 17th 

Street NW., Washington, DC 20503. 

FOR FURTHER INFORMATION CONTACT: 

Monique Riddick, Commercial 

Enforcement and Investigations 

Division, U. S. Department of 

Transportation, Federal Motor Carrier 

Safety Administration, West Building 

6th Floor, 1200 New Jersey Avenue SE., 

Washington, DC 20590–0001. 

Telephone: 202–366–8045; email 

monique.riddick@dot.gov. 

SUPPLEMENTARY INFORMATION: There 

were no comments received from the 

60-day Federal Register notice (82 FR 

14102) published on March 16, 2017. 

Background: FMCSA amended thenexisting regulations for brokers in 

response to Title IV, Subtitle B of the 

Safe, Accountable, Flexible, Efficient, 

Transportation Equity Act: A Legacy for 

Users (SAFETEA–LU) (Pub. L. 109–59) 

and a petition for rulemaking from the 

American Moving and Storage 

Association (AMSA). The final rule, 

titled ‘‘Brokers of Household Goods 

Transportation by Motor Vehicles,’’ (75 

FR 72987, Nov. 29, 2010), amended 49 

CFR part 371, by providing additional 

consumer protection responsibilities for 

brokers of HHG. Specifically, section 

4212 of SAFETEA–LU directs the 

Secretary to require HHG brokers to 

provide individual shippers with the 

following information whenever a 

broker has contact with a shipper or 

potential shipper: 

1. The broker’s USDOT number. 

2. The FMCSA booklet titled ‘‘Your 

Rights and Responsibilities When You 

Move.’’ 

3. A list of all authorized motor 

carriers providing transportation of 

HHG used by the broker and a statement 

that the broker is not a motor carrier 

providing transportation of HHG. 

The collection of information required 

in the referenced final rule assists 

shippers in their business dealings with 

interstate HHG brokers. The information 

collected is used by prospective 

shippers to make informed decisions 

about contracts, services ordered, 

executed, and settled. The HHG broker 

is often the primary contact for 

individual shippers and in the best 

position to educate shippers and 

prepare them for a successful move. The 

information collected makes that 

possible. It also combats deceptive 

business practices as the information 

helps enforcement personnel better 

protect consumers by verifying that 

shippers are receiving information to 

which they are entitled by regulation. 

HHG brokers are required to provide 

individual shippers the ‘‘Your Rights 

and Responsibilities When You Move’’ 

booklet and the ‘‘Ready to Move’’ 

brochure. They have the option of 

providing paper copies or presenting the 

information through a link on their 

Internet Web site. The broker is required 

to document with signed receipts that 

the individual shipper was provided 

those materials. HHG brokers are also 

required to provide the list of HHG 

motor carriers for which it would 

arrange transportation to move a 

potential individual shipper’s HHG, and 

that broker’s identification information: 

1. Assigned USDOT number; and 

2. Address. 

With this renewal, FMCSA makes a 

change to the collection to an 

adjustment in estimate. A program 

estimate change of 19,522 annual 

burden hours is the result of the 

removal of a 1,000 burden-hours that are 

no longer applicable. There is also an 

updated estimate in the number of 

household goods brokers which also 

contributes to the change of 19,522 in 

the calculated burden hours. 

Title: Practices of Household Goods 

Brokers. 

OMB Control Number: 2126–0048. 

Type of Request: Reinstatement of an 

information collection. 

Respondents: Brokers of Household 

Goods. 

Estimated Number of Respondents: 

543 brokers. 

Estimated Time per Response: 0.25 

hours per day × 240 workdays for 

transactions per household goods 

broker; 20 hours per year per broker for 

Web site/ad modifications; 10 hours per 

year per household goods broker for 

creating a list of carriers; 0.5 hours per 

month × 12 months per household 

goods broker for confirming required 

information; 0.083 hour per year × 36.8 

explanations on average per household 

goods broker; 4 hours per year × 5 

agreements per household goods broker 

for annual agreements through turnover; 

and 10 hours per year per household 

goods broker for disclosure and records. 

Expiration Date: July 31, 2017. 

Frequency of Response: On occasion. 

Estimated Total Annual Burden: 

70,000 hours. 

Public Comments Invited: You are 

asked to comment on any aspect of this 

information collection, including: (1) 

Whether the proposed collection is 

necessary for the performance of 

FMCSA’s functions; (2) the accuracy of 

the estimated burden; (3) ways for 

FMCSA to enhance the quality, 

usefulness, and clarity of the collected 

information; and (4) ways that the 

burden could be minimized without 

reducing the quality of the collected 

information. The agency will summarize 

or include your comments in the request 

for OMB’s clearance of this information 

collection. 

Issued under the authority of 49 CFR 1.87 

on: August 10, 2017. 

Kelly Regal, 

Associate Administrator, Office of Research 

and Information Technology. 

[FR Doc. 2017–17307 Filed 8–15–17; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF TRANSPORTATION 

Federal Railroad Administration 

[Docket No. FRA–2017–0074; Notice No. 1] 

Addressing Electrode-Induced Rail 

Pitting From Pressure Electric Welding 

AGENCY: Federal Railroad 

Administration (FRA), Department of 

Transportation (DOT). 

ACTION: Notice of draft Safety Advisory; 

request for comment. 

SUMMARY: This document provides 

notice of FRA’s intent to issue a Safety 

Advisory alerting railroads, contractors, 

and the rail welding industry of the 

potential for electrode-induced rail 

pitting and fatigue cracking during the 

pressure electric rail welding process. 

Based on investigation and research, 

FRA believes improper electrode 

contact to the rail during the welding 

process can result in electrode-induced 

pitting that may lead to fatigue fracture 

and ultimately rail failure. The draft 

Safety Advisory includes 

recommendations to help the industry 

prevent electrode-induced rail pitting 

and to inspect for and then remediate 

such pitting if it occurs. FRA invites 

public comment on all aspects of the 

draft Safety Advisory. 

DATES: Interested persons are invited to 

submit comments on the draft Safety 

Advisory provided below on or before 

October 16, 2017. 

ADDRESSES: Comments in response to 

this notice may be submitted by any of 

the following methods: 

• Web site: The Federal eRulemaking 

Portal, www.Regulations.gov. Follow the 

Web site’s online instructions for 

submitting comments. 

• Fax: 202–493–2251. 

• Mail: Docket Management Facility, 

U.S. Department of Transportation, 


asabaliauskas on DSKBBXCHB2PROD with NOTICES
38990 Federal Register / Vol. 82, No. 157 / Wednesday, August 16, 2017 / Notices 

Room W12–140, 1200 New Jersey 

Avenue SE., Washington, DC 20590. 

• Hand Delivery: Docket Management 

Facility, U.S. Department of 

Transportation, 1200 New Jersey 

Avenue SE., Room W12–140 on the 

Ground level of the West Building, 

between 9 a.m. and 5 p.m., Monday 

through Friday, except Federal holidays. 

Instructions: All submissions must 

include the agency name, docket name, 

and docket number for this notice, 

Docket No. FRA–2017–0074; Notice No. 

1. Note that all comments received will 

be posted without change to http://

www.Regulations.gov, including any 

personal information provided. Please 

see the Privacy Act Statement in this 

document. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Matthew Brewer, Staff Director, Rail 

Integrity Division, Office of Railroad 

Safety, FRA, 500 Broadway, Suite 240, 

Vancouver, WA 98660, telephone (202) 

385–2209; or Mr. Aaron Moore, Trial 

Attorney, Office of Chief Counsel, FRA, 

1200 New Jersey Avenue SE., 

Washington, DC 20590, telephone (202) 

493–7009. 

SUPPLEMENTARY INFORMATION: 

Draft Safety Advisory 

FRA routinely conducts investigations 

of railroad accidents to determine 

causation and any contributing factors 

to help the railroad industry implement 

corrective measures that may prevent 

similar incidents in the future. Over the 

past decade, FRA has investigated 

multiple broken rail accidents in which 

it found fractures in the rail web. 

Similarities in the fracture 

characteristics of the recovered rail 

fragments in some of these accidents 

have led FRA to conclude stray arcing 

may occur during the pressure electric 

welding process performed to create 

continuous welded rails. 

Pressure electric welding is the 

process of using a hydraulicallyoperated welding head that clamps 

around two opposing rail ends, pressing 

an electrode on each rail, then 

hydraulically pulling the rail ends 

together while arcing current through 

the electrodes into the rails, causing 

them to essentially melt together to form 

a continuous rail. FRA believes stray 

arcing during this process results in the 

formation of electrode burns or pits on 

the web, head, or base of the rail. 

Fractures in the rail may originate from 

the electrode pits because they behave 

as stress raisers (also referred to as stress 

concentrations). Fatigue cracks often 

develop at locations of stress 

concentration. Once a fatigue crack 

initiates, the localized stress encourages 

the growth of the crack, which may 

potentially lead to rail failure. FRA 

believes electrode pitting may be a 

contributing factor, if not the root cause, 

in some accidents involving rail web 

cracking. 

Figure 1 below shows a photograph of 

a rail with electrode pits in the web. The 

location of these electrode pits, when 

they occur, is typically four to eight 

inches on either side of the weld. 

Electrode-induced pitting from pressure 

electric welding may also occur in the 

head and base of the rail. At this time, 

it is unclear whether traditional 

ultrasonic rail testing can consistently 

detect electrode-induced pitting. 

In 2016, FRA’s Office of Railroad 

Safety requested technical support from 

The National Transportation Systems 

Center (Volpe) to study the fatigue and 

fracture behavior of rails with pitting 

from electrodes used in welding. Volpe 

enlisted technical support from the U.S. 

Army’s Bene ́t Laboratories (Bene ́t) to 

conduct forensic examination of three 

rail sections with electrode-induced 

pitting in the web from the pressure 

electric welding process. FRA obtained 

these rails from members of the railroad 

industry. Bene ́t’s examination included 

fractography (the science of studying 

fracture surfaces to identify the origin 

and causes of fracture), metallography 

(the science of studying the 

microstructure of metals to provide 

information concerning the properties 

and processing history of metallic 

alloys), and testing to determine the 

chemical composition and tensile 

mechanical properties of the rail steel. 

Bene ́t confirmed FRA’s hypothesis that 

electrode-induced web fatigue cracking 

is a result of pitting caused by 

inadequate electrode-to-rail contact. 

Specifically, Bene ́t’s metallurgical 

analyses concluded the cracking in the 

rail web originated from the pitting 

created by inadequate electrode-to-rail 

contact during the pressure electric 

welding process. The fractographic and 

metallographic examinations revealed 

evidence of fatigue cracking originating 

from the pitting and fast fracture once 

the fatigue crack reached a critical 

length. Figure 2 below shows three 

photographs of the fracture surface of a 

crack found in one of the rails Bene ́t 

examined. These photographs support 

the metallurgical evidence indicative of 

three stages of fatigue fracture: (1) Crack 

initiation or formation originating from 

the pitting; (2) crack propagation or 

growth by metal fatigue; and (3) final 

rupture or fast fracture. Figure 3 below 

shows photographs of the 

microstructure near the electrode pits in 

each examined rail, providing further 

evidence the cracking originated from 

the pitting created by improper 

electrode contact during welding. 

The results from the metallurgical 

analysis also suggested premature and 

sudden rail failure may result from high 

wheel-impact load (e.g., flat wheel), 

especially in cold-weather 

environments when the longitudinal rail 

force is tensile. Results from the 

chemical analysis and mechanical 

testing indicated the chemistry and 

mechanical properties of the rails 

selected for evaluation were within 

specifications the American Railway 

Engineering and Maintenance-of-Way 

Association (AREMA) published, except 

for the hardness measurements in one 

rail, which were slightly lower than the 

AREMA minimum. Hardness is a 

measure of the resistance of a material 

to surface indentation produced by a 

carbide indenter applied at a given load 

for a given length of time. The lower 

hardness in that rail, manufactured in 

the 1950s, may be attributed to lower 

concentrations (compared to the other 

two rails) of alloying elements, 

specifically carbon, silicon, and 

chromium, which were still within 

AREMA tolerances. Testing of the 

chemistry and the mechanical 

properties revealed all three rails were 

made from standard quality steel 

containing no other defects except the 

electrode-induced pitting. 

FRA presented its concerns about 

electrode-induced rail pitting and 

fatigue cracking to the Railroad Safety 

Advisory Committee’s Rail Integrity 

Working Group. FRA also advised the 

Working Group that FRA was 

considering issuing a safety advisory to 

ensure all parties are aware of the 

potential for electrode-induced pitting 

and fatigue cracking (as identified in the 

figures below) and the pressure electric 

welding process is performed properly. 

(FRA has posted a copy of this notice on 

its public Web site, www.fra.dot.gov, 

where you may view the figures below 

in their full resolution.) 

BILLING CODE 4910–06–P 


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Federal Register / Vol. 82, No. 157 / Wednesday, August 16, 2017 / Notices 38991 

BILLING CODE 4910–06–C 

Recommended Action: Based on the 

discussion above, and to prevent future 

electrode-induced pitting and fatigue 

cracking which may lead to premature 

rail failure, FRA recommends railroads, 

contractors, and the rail welding 

industry develop and apply appropriate 

methods to: 

1. Prevent electrode-induced rail 

pitting from occurring by: 

a. Reviewing proper pre- and postweld procedures to avoid the 

development of electrode pitting; 


asabaliauskas on DSKBBXCHB2PROD with NOTICESEN16AU17.003</GPH>

Figure 1: Electrode-Induced Pits in a Rail 

Figure 2: Photographs of Crack Fracture Surface in Examined Rail 

Figure 3: Photographs ofRail Cross Sections 
38992 Federal Register / Vol. 82, No. 157 / Wednesday, August 16, 2017 / Notices 

b. Improving welder training 

programs to ensure consistency in 

welding procedures, especially for the 

pressure electric welding process; and 

c. Developing and scheduling 

appropriate pressure electric welding 

maintenance and rail testing programs. 

2. Identify electrode-induced rail 

pitting by: 

a. Inspecting the rail upon completion 

of welding, and reviewing the 

documentation in the weld report to 

help identify if pitting occurred; 

b. Visually inspecting existing welds 

for electrode-induced pitting during 

routine track inspections; and 

c. Considering alternative methods of 

identifying electrode-induced pitting, 

such as ultrasonic testing, machine 

vision, etc. 

3. Remediate any identified electrodeinduced pitting by: 

a. Removing the section of rail 

containing electrode-induced pitting 

and re-welding the rail; or 

b. Developing and applying possible 

alternative methods to remove 

electrode-induced pitting, such as 

drilling, if electrode-induced pitting is 

found and the section of rail cannot be 

readily removed or re-welded. 

FRA requests public comment on all 

aspects of this draft Safety Advisory. 

Privacy Act Statement: Anyone can 

search the electronic form of all 

comments received into any of DOT’s 

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 

(65 FR 19477), or you may visit http:// 

www.regulations.gov/#!privacyNotice. 

Issued in Washington, DC, on August 10, 

2017. 

Patrick Warren, 

Executive Director. 

[FR Doc. 2017–17285 Filed 8–15–17; 8:45 am] 

BILLING CODE 4910–06–P 

DEPARTMENT OF TRANSPORTATION 

National Highway Traffic Safety 

Administration 

[Docket No. NHTSA–2017–0035; Notice 1] 

Ride the Ducks International, LLC, 

Receipt of Petition for Decision of 

Inconsequential Noncompliance 

AGENCY: National Highway Traffic 

Safety Administration (NHTSA), 

Department of Transportation (DOT). 

ACTION: Receipt of petition. 

SUMMARY: Ride the Ducks International, 

LLC (RTDI), has determined that certain 

model year (MY) 1996–2014 Ride the 

Ducks International Stretch Amphibious 

passenger vehicles (APVs) do not fully 

comply with Federal Motor Vehicle 

Safety Standard (FMVSS) No. 103, 

Windshield Defrosting and Defogging 

Systems. RTDI filed a noncompliance 

information report dated March 15, 

2017. RTDI also petitioned NHTSA on 

April 12, 2017, for a decision that the 

subject noncompliance is 

inconsequential as it relates to motor 

vehicle safety. 

DATES: The closing date for comments 

on the petition is September 15, 2017. 

ADDRESSES: Interested persons are 

invited to submit written data, views, 

and arguments on this petition. 

Comments must refer to the docket and 

notice number cited in the title of this 

notice and submitted by any of the 

following methods: 

• Mail: Send comments by mail 

addressed to U.S. Department of 

Transportation, Docket Operations, M– 

30, West Building Ground Floor, Room 

W12–140, 1200 New Jersey Avenue SE., 

Washington, DC 20590. 

• Hand Delivery: Deliver comments 

by hand to U.S. Department of 

Transportation, Docket Operations, M– 

30, West Building Ground Floor, Room 

W12–140, 1200 New Jersey Avenue SE., 

Washington, DC 20590. The Docket 

Section is open on weekdays from 10 

a.m. to 5 p.m. except Federal Holidays. 

• Electronically: Submit comments 

electronically by logging onto the 

Federal Docket Management System 

(FDMS) Web site at https://

www.regulations.gov/. Follow the online 

instructions for submitting comments. 

• Comments may also be faxed to 

(202) 493–2251. 

Comments must be written in the 

English language, and be no greater than 

15 pages in length, although there is no 

limit to the length of necessary 

attachments to the comments. If 

comments are submitted in hard copy 

form, please ensure that two copies are 

provided. If you wish to receive 

confirmation that comments you have 

submitted by mail were received, please 

enclose a stamped, self-addressed 

postcard with the comments. Note that 

all comments received will be posted 

without change to https://

www.regulations.gov, including any 

personal information provided. 

All comments and supporting 

materials received before the close of 

business on the closing date indicated 

above will be filed in the docket and 

will be considered. All comments and 

supporting materials received after the 

closing date will also be filed and will 

be considered to the fullest extent 

possible. 

When the petition is granted or 

denied, notice of the decision will also 

be published in the Federal Register 

pursuant to the authority indicated at 

the end of this notice. 

All comments, background 

documentation, and supporting 

materials submitted to the docket may 

be viewed by anyone at the address and 

times given above. The documents may 

also be viewed on the Internet at https:// 

www.regulations.gov by following the 

online instructions for accessing the 

dockets. The docket ID number for this 

petition is shown in the heading of this 

notice. 

DOT’s complete Privacy Act 

Statement is available for review in a 

Federal Register notice published on 

April 11, 2000, (65 FR 19477–78). 

SUPPLEMENTARY INFORMATION: 

I. Overview: Ride the Ducks 

International, LLC (RTDI), has 

determined that certain model year 

(MY) 1996–2014 Ride the Ducks 

International Stretch Amphibious 

passenger vehicles (APVs) do not fully 

comply with paragraph S4.1 of Federal 

Motor Vehicle Safety Standard (FMVSS) 

No. 103, Windshield Defrosting and 

Defogging Systems. RTDI filed a 

noncompliance information report 

dated March 15, 2017, pursuant to 49 

CFR 573, Defect and Noncompliance 

Responsibility and Reports. RTDI also 

petitioned NHTSA on April 12, 2017, 

pursuant to 49 U.S.C. 30118(d) and 

30120(h) and 49 CFR part 556, for an 

exemption from the notification and 

remedy requirements of 49 U.S.C. 

Chapter 301 on the basis that this 

noncompliance is inconsequential as it 

relates to motor vehicle safety. 

This notice of receipt of RTDI’s 

petition is published under 49 U.S.C. 

30118 and 30120 and does not represent 

any agency decision or other exercise of 

judgment concerning the merits of the 

petition. 

II. Vehicles Involved: Approximately 

105 MY 1996–2014 Ride the Ducks 

International Stretch APVs, 

manufactured between January 1, 1996, 

and December 31, 2014, are potentially 

involved. 

III. Noncompliance: RTDI explained 

that the noncompliance is that the 

subject vehicles were manufactured 

without a windshield defrosting and 

defogging system, as required by 

paragraph S4.1 of FMVSS No. 103. 

IV. Rule Text: Paragraph S4.1 of 

FMVSS No. 103 states in pertinent part: 

S4.1 Each vehicle shall have a 

windshield defrosting and defogging system 


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