[Federal Register Volume 86, Number 148 (Thursday, August 5, 2021)]
[Notices]
[Page 42976]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-16740]


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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket No. FRA-2020-0014]


Petition for Approval: Canadian National Railway

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

ACTION: Notice of petition for approval to move to phase 3 of track 
inspection test program.

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SUMMARY: This document provides the public notice that on July 23, 
2021, Canadian National Railway (CN) petitioned the Federal Railroad 
Administration (FRA) to transition from phase 2 to phase 3 of a 
previously approved Test Program and associated temporary suspension of 
some visual track inspections. The Test Program is 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, 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 April 3, 2020, FRA conditionally approved 
the Test Program and CN'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-2020-0014-0004 
(Test Program); https://www.regulations.gov/document/FRA-2020-0014-0002 (FRA's approval decision); https://www.regulations.gov/document/FRA-2020-0014-0003 (FRA's published notice of approval).
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    As approved, the Test Program included four separate phases over 12 
months, as outlined in Exhibit C of the Program.\2\ Accordingly, CN 
began the Test Program on April 19, 2020. On December 6, 2020, CN 
transitioned from phase 1 to phase 2. Subsequently, CN requested, and 
FRA approved, an extension of the Test Program until February 19, 2022.
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    \2\ https://www.regulations.gov/document/FRA-2020-0014-0004.
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    CN is requesting to transition from phase 2 to 3 on October 24, 
2021. In support of its request, CN states that it has met the Test 
Program conditions required to move to phase 3 and has met the Test 
Program's baseline safety metric of less than 0.19 unprotected geometry 
defects per 100 miles tested as established in phase 1 of the Test 
Program. Specifically, for the 90 days prior to petitioning to move to 
phase 3, CN achieved an average of 0.15 unprotected geometry defects 
per 100 miles tested.
    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. 2021-16740 Filed 8-4-21; 8:45 am]
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