[Federal Register Volume 71, Number 200 (Tuesday, October 17, 2006)]
[Notices]
[Page 61137]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-17165]


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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration


Petition for Waiver of Compliance

    In accordance with part 211 of Title 49 of the Code of Federal 
Regulations (CFR), notice is hereby given that the Federal Railroad 
Administration (FRA) has received a request for a waiver of compliance 
with 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.

BNSF Railway Company

Waiver Petition Docket Number FRA-2006-25894

    Part 213 of Title 49 at Sec.  213.113(a) states, in part ``* * * 
when an owner of track learns, through inspection or otherwise, that a 
rail in track contains any of the defects listed * * *, operation over 
the defective rail is not permitted until (1) The rail is replaced; or 
(2) The remedial action prescribed * * * is initiated.'' Based on the 
forgoing, when a rail flaw detector operator picks an ultrasonic 
indication for hand test verification, that indication must be 
considered a defect and remedial action taken until hand test 
determines it is not a defect. BNSF Railway Company (BNSF) believes 
post-test processing of detected rail-flaw data has potential to 
increase rail test productivity and therefore improve safety by 
increasing frequency of testing.
    BNSF is proposing a delayed-verification pilot program to 
demonstrate feasability and benefits of nonstop rail flaw test with 
delayed verification. BNSF proposes a delayed-verification pilot 
program to demonstrate feasibility and benefits of nonstop testing with 
delayed verification on its Barstow, Aurora, and St. Croix 
subdivisions. The elements of BNSF's program pilot program are:
     If million gross tons of traffic since last rail test is 
greater than 10, all indications of possible defects will be verified 
immediately.
     Indications of possible transverse defects estimated to be 
greater than 25 percent will be verified immediately.
     Indications of possible longitudinal defects estimated to 
be greater than 2 inches will be verified immediately.
     Indications of possible bolt hole cracks estimated to be 
greater than 1 inch in joint bars, and any indications of possible bolt 
hole cracks not within joint bars, will be verified immediately.
     Indications not requiring immediate verification will be 
verified within 48 hours.
    Since FRA has not yet completed its investigation of BNSF's 
petition, the agency takes no position at this time on the merits of 
BNSF's stated justifications.
    All communications concerning these proceedings should identify the 
appropriate docket number (e.g., Waiver Petition Docket Number 2006-
25894) and must be submitted to the Docket Clerk, DOT Docket Management 
Facility, Room PL-401 (Plaza Level), 400 7th Street, SW., Washington, 
DC 20590. 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://dms.dot.gov.
    Anyone is able to search the electronic form of all 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). The statement 
may also be found at http://dms.dot.gov.

    Issued in Washington, DC, October 11, 2006.
Grady C. Cothen, Jr.,
Deputy Associate Administrator for Safety Standards and Program 
Development.
[FR Doc. E6-17165 Filed 10-16-06; 8:45 am]
BILLING CODE 4910-06-P