
[Federal Register Volume 79, Number 6 (Thursday, January 9, 2014)]
[Notices]
[Pages 1666-1667]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-00128]


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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket Number FRA-2013-0137]


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 December 6, 2013, the Association of American Railroad (AAR) has 
petitioned the Federal Railroad Administration (FRA) for a waiver of 
compliance from certain provisions of the Federal

[[Page 1667]]

railroad safety regulations contained at 49 CFR 213.103, Ballast: 
general. FRA assigned the petition Docket Number FRA-2013-0137.
    AAR, on behalf of itself and its member railroads, requests to 
study and redefine when ballast material fails under load. AAR proposes 
to conduct and observe specific performance-based conditions and 
remedial action procedures existing in isolation under train operations 
for a 1-year test period. The proposal identifies five specific 
subdivisions on the BNSF Railway that will serve as test locations 
exempt from the current safety standard. AAR's petition states that the 
Federal safety regulations are vague and do not clearly define when 
ballast material fails to support the track structure according to the 
current description and application of the Federal regulation. When 
ballast material fails, ``the condition must be brought into compliance 
or track speed reduced by one class of track below the class of track 
the track geometry complies with, except Class 1 track may remain at 
Class 1 speeds.'' AAR proposes that ``for purposes of this waiver, non-
compliant ballast exists where the track drainage in mainline track is 
impeded for 15\1/2\ feet or more without a joint present or 10 feet or 
more with a joint present, such that the ability of the track structure 
to maintain track geometry is impaired by a muddy pumping action 
occurring because of fines and other material originating from the 
track structure or train operations and water is present.''
    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 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 February 24, 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. 2014-00128 Filed 1-8-14; 8:45 am]
BILLING CODE 4910-06-P


