Petition for Waiver of Compliance

• Published date: 12 May 2021
• Citation: 86 FR 26127
• Record Number: 2021-10051
• Section: Notices
• Court: Federal Railroad Administration

Federal Register, Volume 86 Issue 90 (Wednesday, May 12, 2021)

[Federal Register Volume 86, Number 90 (Wednesday, May 12, 2021)]
                [Notices]
                [Page 26127]
                From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
                [FR Doc No: 2021-10051]
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                DEPARTMENT OF TRANSPORTATION
                Federal Railroad Administration
                [Docket Number FRA-2021-0044]
                Petition for Waiver of Compliance
                 Under part 211 of title 49 Code of Federal Regulations (CFR), this
                document provides the public notice that on March 22, 2021, Norfolk
                Southern Corporation (NS) 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. FRA assigned the petition Docket Number FRA-2021-0044.
                 Specifically, NS is requesting relief from 49 CFR 213.233(b)(3),
                and (c), which require track inspections to be conducted visually by
                railroad track inspectors at certain frequencies based on class of
                track. NS is petitioning to replace 49 CFR 213.233 visual track
                inspection requirements with a combination of automated and visual
                inspections. Proposed automated inspections would be performed by Track
                Geometry Measurement Systems three times per month, and visual
                inspections would be performed at least twice per month, for each track
                segment.
                 In support of its petition, NS references data and analysis from
                its ongoing Track Inspection Test Program, Docket Number FRA-2019-0099.
                Through the three phases, NS notes that track geometry defects have a
                continued downward trend, indicating overall improvement in track
                quality. NS states that the relief would positively impact safety by
                increasing defect identification and remediation, reduce employee
                exposure to potential hazards, and facilitate maintenance program
                planning.
                 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. FRA does not anticipate
                scheduling a public hearing for these proceedings since the facts do
                not appear to warrant a hearing. If any interested party desires an
                opportunity for oral comment and a public hearing, 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:
                 Website: http://www.regulations.gov. Follow the online
                instructions for submitting comments.
                 Fax: 202-493-2251.
                 Mail: Docket Operations Facility, U.S. Department of
                Transportation (DOT), 1200 New Jersey Ave. SE, W12-140, Washington, DC
                20590.
                 Communications received by June 28, 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. 2021-10051 Filed 5-11-21; 8:45 am]
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