[Federal Register Volume 86, Number 145 (Monday, August 2, 2021)]
[Notices]
[Page 41536]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-16440]


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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket No. FRA-2019-0099]


Petition for Approval Extension: Norfolk Southern Railway Company

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

ACTION: Notice of petition for extension of approval of track 
inspection test program.

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SUMMARY: This document provides the public notice that on July 19, 
2021, Norfolk Southern Railway Company (NS) petitioned the Federal 
Railroad Administration (FRA) to extend an existing temporary 
suspension of some visual track inspections to allow for a continuation 
of a previously approved Test Program designed to test track inspection 
technologies (i.e., an autonomous track geometry measurement system) 
and new operational approaches to track inspections (i.e., combinations 
of autonomous inspection and traditional visual inspections).

FOR FURTHER INFORMATION CONTACT: Yu-Jiang Zhang, Staff Director, Track 
and Structures Division, at (202) 493-6460 or [email protected]; or 
Aaron Moore, Attorney, Office of the Chief Counsel, at (202) 493-7009 
or [email protected].

SUPPLEMENTARY INFORMATION: On January 27, 2020, FRA conditionally 
approved the Test Program and NS's petition under 49 CFR 211.51 to 
suspend Sec. Sec.  213.233(b)(3) and 213.233(c) as applied to 
operations under the Test Program. A copy of the Test Program, FRA's 
conditional approval of the Test Program, and a previously published 
Federal Register notice explaining FRA's rationale for approving the 
Test Program and related suspension are available for review in the 
docket.\1\
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    \1\ https://www.regulations.gov/document/FRA-2019-0099-0003 
(Test Program); https://www.regulations.gov/document/FRA-2019-0099-0001 (FRA's approval decision); https://www.regulations.gov/document/FRA-2019-0099-0004 (FRA's published notice of approval).
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    As approved, the Test Program included three separate phases over 
12 months as outlined in Exhibit C of the Program.\2\ Accordingly, NS 
began the Test Program on March 16, 2020. However, FRA has approved 
extending the Test Program twice as requested by NS. Thus, the Test 
Program is currently set to expire on September 31, 2021.
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    \2\ See https://www.regulations.gov/document/FRA-2019-0099-0003.
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    On March 22, 2021, NS submitted a waiver petition \3\ to permit a 
reduced frequency of manual track inspections where an automated track 
geometry measurement system (ATGMS) is used at specific frequencies. 
The petition, which is similar to and based on information collected by 
Norfolk Southern during the Test Program, is pending FRA review.
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    \3\ https://www.regulations.gov/document/FRA-2021-0044-0001.
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    NS is requesting to extend the Test Program until FRA issues a 
decision on the pending waiver petition or December 31, 2021, whichever 
is later. In support of its request, NS states that it will continue to 
comply with all other conditions and requirements of FRA's January 27, 
2020, approval letter.
    A copy of the petition, as well as any written communications 
concerning the petition, if any, are available for review online at 
www.regulations.gov.
    Interested parties are invited to participate in these proceedings 
by submitting written views, data, or comments.
    All communications concerning these proceedings should identify the 
appropriate docket number and may be submitted by any of the following 
methods:
     Website: http://www.regulations.gov. Follow the online 
instructions for submitting comments.
    Communications received by September 7, 2021 will be considered by 
FRA before final action is taken. Comments received after that date 
will be considered if practicable. Anyone can 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.). Under 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 https://www.transportation.gov/privacy. See also https://www.regulations.gov/privacy-notice for the privacy notice of regulations.gov.

    Issued in Washington, DC.
John Karl Alexy,
Associate Administrator for Railroad Safety, Chief Safety Officer.
[FR Doc. 2021-16440 Filed 7-30-21; 8:45 am]
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