[Federal Register Volume 77, Number 30 (Tuesday, February 14, 2012)]
[Notices]
[Pages 8325-8326]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-3346]


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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket Number FRA-2011-0107]


Petition for Waiver of Compliance

    In accordance with part 213 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. By a document dated December 28, 
2011, CSX Transportation (CSX) petitions FRA for a waiver from certain 
rail testing requirements contained in 49 CFR part 213. FRA assigned 
the petition Docket Number FRA-2011-0107.
    Pursuant to 49 CFR Section 213.113(a), CSX requests a waiver from 
the accepted practice of stop/start rail testing for phase III of its 
nonstop continuous rail test pilot project beginning April 1, 2012, for 
a period of up to 1 year on the main tracks between Richmond, VA, and 
Charleston, SC. The subdivisions that would be traversed are the North 
End, South End, and Charleston.
    Based on the results of the previous phases of nonstop continuous 
rail test, CSX will not perform parallel or redundant start/stop rail 
testing on track segments being nonstop continuous rail tested under 
this waiver. Instead, CSX proposes to produce nonstop continuous rail 
test reports every 2 weeks for review by FRA's Rail and Infrastructure 
Integrity Division. As CSX develops confidence in the performance of 
the system, and as agreed by CSX and FRA, it proposes to expand the 
test area to include the tracks between Richmond, VA, and Jacksonville, 
FL, and test on a monthly basis.
    The nonstop continuous high-speed rail test vehicle will be a self-
propelled ultrasonic/induction flaw detection vehicle operating at 
speeds up to 30 mph. This vehicle will be making 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 suspect defective locations 
for post-test verification. Verifiers will then be sent out with field 
instruments to check these suspect locations based upon Global 
Positioning System (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 Section 213.113, for confirmed 
rail defects. CSX believes that nonstop continuous rail testing will 
provide the capability to test track more quickly and frequently, and 
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-
2011-0107) 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

[[Page 8326]]

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 (9:00 a.m.-
5:00 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 February 8, 2012.
Ron Hynes,
Acting Deputy Associate Administrator for Regulatory and Legislative 
Operations.
[FR Doc. 2012-3346 Filed 2-13-12; 8:45 am]
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