[Federal Register Volume 79, Number 83 (Wednesday, April 30, 2014)]
[Notices]
[Page 24490]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-09794]


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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket Number FRA-2014-0029]


Petition for Waiver of Compliance

    In accordance with Part 211 of Title 49 Code of Federal Regulations 
(CFR), this document provides the public notice that by a document 
dated March 15, 2014, Canadian National Railway (CN) petitioned the 
Federal Railroad Administration (FRA) for a waiver of compliance from 
certain provisions of the Federal railroad safety regulations contained 
at 49 CFR part 213, Track Safety Standards. FRA assigned the petition 
Docket Number FRA-2014-0015.
    Pursuant to 49 CFR Section 213.113(a), Defective rails, CN requests 
a waiver from the accepted practice of stop/start rail testing to start 
a pilot test process of nonstop continuous testing. The projected 
starting date for implementing the test process will be July 1, 2014, 
for a period of 1 year. The test process will occur on the main tracks 
between Chicago, IL, and Jackson, MS. The test process will start on 
the Chicago Subdivision and test in a southward direction and include 
the Yazoo Subdivision. At that point, the nonstop test unit will be 
turned and return to the Chicago area to start the test southward 
again.
    For this pilot test, the process will be similar to the waiver 
granted to CSX Transportation in Docket Number FRA-2011-0107. CN will 
not have parallel or redundant stop/start testing on the segments being 
tested in a nonstop process. CN will produce a report on a bimonthly 
basis for FRA's Rail Integrity Division. This report will include the 
inservice rail failure ratios per 49 CFR part 213, a report on the 
miles tested, and the frequency of testing.
    CN currently tests this route on an approximate frequency of every 
30 days and plans to increase the frequency to 20 days with this 
process. The nonstop continuous rail testing unit will be capable of 
testing of speeds between 20 and 45 mph. The process will start using a 
hi-rail truck working in nonstop mode and later in 2014 switch to a 
self-propelled unit capable of testing at speeds up to 45 mph. The data 
will be analyzed from a remote location facility by experts with 
experience in reviewing rail flaw detection test data. The field 
verification of suspect defects will be conducted using portable hand-
testing units that are equipped with a global positioning system and a 
recordable data system. The portable units will test 60 feet on either 
side of the suspect indication and if a suspect location is confirmed 
to be a defect, proper remedial actions shall be applied in accordance 
with 49 CFR 213.113. As part of this waiver, CN requests 48 hours from 
the time of the test to verify potential suspect locations in the 
field.
    CN 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.
    A copy of the petition, as well as any written communications 
concerning the petition, is available for review online at 
www.regulations.gov and in person at the U.S. Department of 
Transportation's (DOT) Docket Operations Facility, 1200 New Jersey 
Avenue SE., W12-140, Washington, DC 20590. The Docket Operations 
Facility is open from 9 a.m. to 5 p.m., Monday through Friday, except 
Federal Holidays.
    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-
2014-0029) 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 by June 16, 2014 will be considered by FRA 
before final action is taken. Comments received after that date will be 
considered as far as practicable.
    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 document, 
if submitted on behalf of an association, business, labor union, etc.). 
See http://www.regulations.gov/#!privacyNotice for the privacy notice 
of regulations.gov or interested parties may review DOT's complete 
Privacy Act Statement in the Federal Register published on April 11, 
2000 (65 FR 19477).

Robert C. Lauby,
Associate Administrator for Railroad Safety, Chief Safety Officer.
[FR Doc. 2014-09794 Filed 4-29-14; 8:45 am]
BILLING CODE 4910-06-P