Tap any paragraph to write a margin note. Your notes collect in the Desk below the text and file under cases with @. The side-by-side margin rail opens on a larger screen.

Code · REGISTER · 2020-01-30 · Federal Railroad Administration (FRA), Department of Transportation (DOT) · Notices

Notices. Notice of approval

638 words·~3 min read·/register/2020/01/30/2020-01667

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

BILLING CODE 4910-06-P DEPARTMENT OF TRANSPORTATION Federal Railroad Administration [Docket No. FRA-2019-0099] Program Approval: Norfolk Southern Railway Company AGENCY: Federal Railroad Administration (FRA), Department of Transportation (DOT). ACTION: Notice of approval. SUMMARY: FRA is issuing this notice to explain its rationale for approving a Norfolk Southern Railway Company
(NS)petition for a Test Program designed to test track inspection technologies ( *i.e.,* an autonomous locomotive-mounted geometry measurement system and an automated optical 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 Division, Office of Railroad Safety, FRA, 1200 New Jersey Avenue SE, Washington, DC 20590, telephone
(202)493-6460 or email *yujiang.zhang@dot.gov;* Aaron Moore, Attorney, Office of Chief Counsel, FRA, 1200 New Jersey Avenue SE, Washington, DC 20590, telephone
(202)493-7009 or email *aaron.moore@dot.gov.* SUPPLEMENTARY INFORMATION: On November 1, 2019, NS petitioned FRA under Title 49 Code of Federal Regulations
(CFR)Section 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 locomotive-mounted geometry measurement system and an automated optical system) and new operational approaches to track inspections. NS 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 1,042 miles of main and siding tracks of the former Norfolk & Western route from Norfolk, Virginia to Portsmouth, Ohio on NS's Pocahontas Division. The Test Program is designed to test autonomous locomotive-mounted geometry measurement systems and gradually decreased manual visual inspections as an alternative to FRA's inspection frequency requirements. NS indicates that it will continue to use other inspection technologies during the Test Program, including
(1)Sperry rail flaw and joint bar inspections, and
(2)Vehicle/Track Interaction, a locomotive-based ride quality inspection system. The Test Program will be carried out in three separate phases over the course of one year as detailed in Exhibit C of the Test Program (available for review at *www.regulations.gov* (docket number FRA-2019-0099)). After review and analysis of NS's petition for a Test Program, subject to certain conditions designed to ensure safety, FRA approved NS'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 NS'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-2019-0099 at *www.regulations.gov.* FRA's letter approving NS's Test Program and granting the requested limited temporary suspension of certain regulations specifically details the conditions NS 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. 1 The suspension of 49 CFR 213.233(b)(3) only applies to Phase 3 of the Test Program. 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. Issued in Washington, DC, on January 27, 2020. John Karl Alexy, Associate Administrator for Railroad Safety, Chief Safety Officer. [FR Doc. 2020-01667 Filed 1-29-20; 8:45 am]
Connections2 off-index
2 references not yet in our index
  • 49 CFR 213.233(b)(3)
  • 49 CFR 211.51(c)
Citation graph
cites case law
Notices
Notice of approval
Cite49 CFR 213.233(b)(3)
Cite49 CFR 211.51(c)
Cites 2Cited by 0 across 0 sources
★   the supreme law of the land   ★
Don't Tread on Me
E Pluribus Unum — out of many, one

"If you don't know your rights, you don't have any."

Marginalia · a citizen's law index
A research desk, not legal advice. Always read the cited source before relying on a summary.
Questions or an issue? support@self-law.org
disclaimerMarginalia is a research index, not a law firm. Nothing on this site is legal, tax, or financial advice and no attorney–client relationship is formed by using it. Statutes, regulations, and case law change; summaries, search results, AI output, and member posts may be incomplete, out of date, or wrong. Any interpretation drawn from material on this site should be validated by a licensed attorney in your jurisdiction before you act on it.