[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]


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

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]
BILLING CODE 4910-06-P


