[Federal Register Volume 73, Number 211 (Thursday, October 30, 2008)]
[Notices]
[Page 64661]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-25844]



[[Page 64661]]

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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.

CSX Transportation (Waiver Petition Docket Number FRA-2008-0111)

    CSX Transportation (CSXT) petitioned FRA for a waiver from 49 CFR 
213.113(a) to permit variance from the accepted practice of stop/start 
rail test hand verification for a continuous rail test pilot project 
for a period of 8 weeks on the main tracks of the North End subdivision 
between Richmond, Virginia, and Rocky Mount, North Carolina, milepost 
limits A0.0-123.2. Prior to beginning the pilot project, the North End 
subdivision main tracks will be rail tested with a conventional stop/
start rail test vehicle and any normally scheduled intervals during the 
pilot project will be maintained by convention stop/start rail test 
vehicle.
    The continuous high speed rail test vehicle will be a self 
propelled rail-bound ultrasound Sperry car operating at speeds up to 25 
miles per hour in non-stop mode making weekly runs. 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 
suspect defect locations. Two teams of verifiers will then be sent out 
with field instruments to check locations based upon Global Positioning 
System (GPS) coordinates. Locations will be checked 60 feet either side 
of suspect GPS point. Remedial actions will be applied as per 49 CFR 
213.113 for confirmed rail defects. CSXT states that continuous rail 
testing will provide the capability to test track more frequently, 
minimizing the risk of rail service failure.
    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-
2008-0111) 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 October 23, 2008.
Grady C. Cothen, Jr.,
Deputy Associate Administrator for Safety Standards and Program 
Development.
[FR Doc. E8-25844 Filed 10-29-08; 8:45 am]
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