
[Federal Register Volume 80, Number 23 (Wednesday, February 4, 2015)]
[Notices]
[Pages 6169-6170]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2015-02161]


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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket Number FRA-2015-0003]


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 January 6, 2015, Union Pacific Railroad (UP) has 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-2015-0003.
    Pursuant to 49 CFR 213.113(a), UP requests a waiver from the 
accepted practice of stop/start rail testing to start a pilot test 
process for nonstop continuous testing. The projected starting date for 
implementing the test process would be June 1, 2015, and the test 
process would continue for a period of 2 years. The test process would 
occur on two separate locations within the UP system: the Marysville 
Subdivision main tracks between Gibbon Junction, NE., and Marysville, 
KS, and the Baird Subdivision main tracks between Fort Worth and 
Sweetwater, TX.
    For this pilot test, the process would be similar to the waivers 
granted to CSX Transportation in Docket Number FRA-2011-0107 and the 
Illinois Central Railroad as prescribed in Docket Number FRA-2014-0029. 
UP would not have parallel or redundant stop/start testing on the 
segments being tested in a nonstop process. UP would produce a progress 
report on a bimonthly basis for review by FRA's Rail Integrity Office. 
This report would include the in-service rail failure ratios per 49 CFR 
part 213, a report on the miles tested, and the frequency of testing.
    UP currently tests the Marysville Subdivision every 30 days and the 
Baird Subdivision approximately every 90-120 days. UP plans to increase 
the frequency on the Marysville Subdivision to every 15-20 days and the 
frequency on the Baird Subdivision to approximately every 60 days with 
this process. The nonstop continuous high-speed rail test vehicle will 
be a self-propelled ultrasonic/induction rail flaw detection vehicle 
operating at test speeds of up to 25 mph. Upon completion of each daily 
run, data will be analyzed offline, at a remote location, by technical 
experts with experience on another Class I railroad with this process. 
The offline analysts will categorize and prioritize suspect locations 
for posttest field verifications and hand tests. Field verification 
will be conducted within an FRA-prescribed timeframe by UP qualified/
certified rail test professionals with recordable field validation 
equipment based on Global Positioning System locations. All suspect 
locations will be validated for 30 feet on either side of the suspect 
GPS locations. Remedial actions will be applied based on the 
verification results per 49 CFR 213.113, Defective Rails for confirmed 
rail defect locations.
    UP believes 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 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 March 23, 2015 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

[[Page 6170]]

submitted on behalf of an association, business, labor union, etc.). In 
accordance with 5 U.S.C. 553(c), DOT solicits comments from the public 
to better inform its processes. DOT posts these comments, without edit, 
including any personal information the commenter provides, to 
www.regulations.gov, as described in the system of records notice (DOT/
ALL-14 FDMS), which can be reviewed at www.dot.gov/privacy. See also 
http://www.regulations.gov/#!privacyNotice for the privacy notice of 
regulations.gov.

    Issued in Washington, DC, on January 28, 2015.
Ron Hynes,
Director, Office of Technical Oversight.
[FR Doc. 2015-02161 Filed 2-3-15; 8:45 am]
BILLING CODE 4910-06-P


