[Federal Register Volume 76, Number 243 (Monday, December 19, 2011)]
[Notices]
[Pages 78730-78731]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-32460]


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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket Number FRA-2011-0085]


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. The petition has been 
assigned Docket Number FRA-2011-0085.
    The BNSF Railway Company (BNSF) hereby petitions FRA for a waiver 
from 49 CFR Section 213.109(d)(6) to allow for the use of concrete 
crossties with one shoulder broken off where, if turned end for end, 
every other crosstie is

[[Page 78731]]

fastened 100 percent on both rails. BNSF claims they have used these 
``three-quarter'' (\3/4\) crossties in Class 1 and 2 track for many 
years, and have demonstrated that this method is safe and results in a 
stronger track structure in comparison with wood crossties under 
similar train operations. BNSF proposes that FRA grant BNSF a waiver of 
compliance that will effectively ``grandfather'' BNSF's continued use 
of these types of crossties at various locations throughout the BNSF 
operating system. BNSF also claims that: (1) The performance of \3/4\ 
crossties has not resulted in any derailments due to gage or crossties 
defects in over 20 years of use; (2) FRA has taken no exception to 
BNSF's use of \3/4\ concrete crosstie condition in the past; (3) it is 
unreasonable to expect BNSF to acquire and install approximately 33,000 
wood or concrete crossties at an estimated cost of $6,600,000 by the 
mandated compliance date of November 8, 2011; (4) the removal of 
service of the existing tracks would cause an adverse impact to 
customers and operations; (5) the Gage Restraint Measurement System 
(GRMS) testing of the concrete crossties has confirmed that the 
installation of \3/4\ crossties meets the conditions contained in 49 
CFR Section 213.110; (6) the \3/4\ crossties are environmentally sound; 
(7) BNSF will identify and inventory locations where \3/4\ crossties 
are currently installed, and when crosstie replacement is performed 
through normal maintenance cycles (identified locations will comply 
with 49 CFR Sections 213.109 and 213.127, accordingly); and (8) walking 
inspections of \3/4\ crosstie locations will be performed annually, 
except where GRMS testing is performed.
    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-
2011-0085) 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 (Volume 65, Number 70; 
Pages 19477-78), or online at http://www.dot.gov/privacy.html.

    Issued in Washington, DC, on December 14, 2011.
Robert C. Lauby,
Deputy Associate Administrator for Regulatory and Legislative 
Operations.
[FR Doc. 2011-32460 Filed 12-16-11; 8:45 am]
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