[Federal Register Volume 85, Number 144 (Monday, July 27, 2020)]
[Notices]
[Page 45295]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-16222]


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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket No. FRA-2020-0056]


Program Approval: Canadian Pacific Railway Company

AGENCY: Federal Railroad Administration (FRA), Department of 
Transportation (DOT).

ACTION: Notice of approval.

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SUMMARY: FRA is issuing this notice to explain its rationale for 
approving a Canadian Pacific Railway Company (CP) petition for a Test 
Program designed to test track inspection technologies (i.e., an 
autonomous track geometry measurement system) and new operational 
approaches to track inspections and its rationale for granting a 
limited, temporary suspension of a substantive FRA rule that is 
necessary to facilitate the conduct of the Test Program.

FOR FURTHER INFORMATION CONTACT: Yu-Jiang Zhang, Staff Director, Track 
and Structures Division, Office of Railroad Safety, FRA, 1200 New 
Jersey Avenue SE, Washington, DC 20590, telephone (202) 493-6460 or 
email [email protected]; Aaron Moore, Attorney, Office of Chief 
Counsel, FRA, 1200 New Jersey Avenue SE, Washington, DC 20590, 
telephone (202) 493-7009 or email [email protected].

SUPPLEMENTARY INFORMATION: On July 2, 2020, CP petitioned FRA under 
title 49 Code of Federal Regulations (CFR) Sec.  211.51 to suspend 
certain requirements of FRA's track safety regulations to conduct a 
program to test new track inspection technologies (i.e., an autonomous 
track geometry measurement system) and new operational approaches to 
track inspections. CP also submitted a written Test Program providing a 
description of the proposed tests and the geographic scope of the 
testing territory.
    The Test Program specifies that the tests will be conducted on 
approximately 480 miles of track on CP's corridor between St. Paul, 
Minnesota and Rondout, Illinois.
    The Test Program is designed to test autonomous track geometry 
measurement systems and gradually decrease manual visual inspections as 
an alternative to FRA's inspection frequency requirements. CP indicates 
that it will continue to use other inspection technologies during the 
Test Program, including: (1) Vehicle Track Interaction monitoring 
systems; (2) ultrasonic rail inspection systems; and (3) optical joint 
bar inspection systems. The Test Program will be carried out in three 
separate phases over the course of 12 months, as detailed in Exhibit C 
of the Test Program (available for review at www.regulations.gov 
(docket number FRA-2020-0056)).
    After review and analysis of CP's petition for a Test Program, 
subject to certain conditions designed to ensure safety, FRA approved 
CP's Test Program and suspended the requirements of 49 CFR 
213.233(b)(3) \1\ and (c) as necessary to carry out the Test Program. A 
copy of FRA's letter approving CP's Test Program and granting the 
requested limited temporary suspension of 49 CFR 213.233(b)(3) and (c), 
as well as a complete copy of the Test Program, is available in docket 
number FRA-2020-0056 at www.regulations.gov. FRA's letter approving 
CP's Test Program and granting the requested limited temporary 
suspension of certain regulations specifically details the conditions 
CP will need to undertake during the Test Program. As required by 49 
CFR 211.51(c), FRA is providing this explanatory statement describing 
the Test Program.
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    \1\ The suspension of 49 CFR 213.233(b)(3) only applies to Phase 
3 of the Test Program.
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    As explained more fully in its approval letter, FRA finds that the 
temporary, limited suspension of 49 CFR 213.233(b)(3) and (c) is 
necessary to the conduct of the approved Test Program, which is 
specifically designed to evaluate the effectiveness of new automated 
track inspection technologies and operational methods. Furthermore, FRA 
also finds that the scope and application of the granted suspension of 
49 CFR 213.233(b)(3) and (c) as applied to the Test Program are limited 
to that necessary to conduct the Test Program. Finally, FRA's approval 
letter outlines the conditions of the Test Program that will ensure 
standards sufficient to assure safety.

John Karl Alexy,
Associate Administrator for Railroad Safety, Chief Safety Officer.
[FR Doc. 2020-16222 Filed 7-24-20; 8:45 am]
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