
[Federal Register Volume 81, Number 92 (Thursday, May 12, 2016)]
[Notices]
[Page 29612]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-11215]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket Number FRA-2016-0034]


Petition for Waiver of Compliance

    In accordance with part 211 of Title 49 of the Code of Federal 
Regulations (CFR), this document provides the public notice that by a 
document dated April 8, 2016, Portland and Western Railroad (PNWR), 
owned by Genesee & Wyoming, 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 213.234, 
Automated inspection of track constructed with concrete crossties. FRA 
assigned the petition Docket Number FRA-2016-0034.
    PNWR requests a waiver of compliance from 49 CFR 213.234(b)(3), 
which requires an annual automated inspection of track constructed with 
concrete crossties. PNWR's proposal identifies a 16.8-mile segment of 
track constructed with concrete crossties and indicates that 160 
commuter trains per week operate over it, as well as an annual 5 
million gross tons of freight traffic.
    PNWR submits that because there is relatively light wheel loading 
of commuter trains, which are limited to 60 mph, and freight 
operations, due to a 40 mph speed limit, it is unnecessary to conduct 
annual automated inspections on this concrete crosstie segment. In lieu 
of annual automated inspection, PNWR proposes to (1) provide annual 
training and inspection procedures to identify and report exceptions to 
conditions described in 49 CFR 213.109(d)(4) involving all 213.7-
qualified persons responsible for supervision and inspection of the 
TriMet Westside Express Service track segment; (2) conduct bi-annual 
walking inspections to detect noncompliant track conditions including 
rail seat deterioration; and (3) supplement walking inspection with 
twice-annual inspections with a hi-rail vehicle instrumented with a 
Track Geometry Measurement System.
    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 June 27, 2016 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.). 
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.

Robert C. Lauby,
Associate Administrator for Railroad Safety, Chief Safety Officer.
[FR Doc. 2016-11215 Filed 5-11-16; 8:45 am]
 BILLING CODE 4910-06-P


