Notice of Petition for Waiver of Compliance, 19782 [2025-08199]

Agencies

• Federal Railroad Administration
• DEPARTMENT OF TRANSPORTATION

[Federal Register Volume 90, Number 89 (Friday, May 9, 2025)]
[Notices]
[Page 19782]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-08199]


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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket Number FRA-2025-0059]


Notice of Petition for Waiver of Compliance

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

ACTION: Notice.

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SUMMARY: This document provides the public notice that the Association 
of American Railroads (AAR) petitioned FRA for relief from certain 
regulations concerning track inspections.

DATES: FRA must receive comments on the petition by June 9, 2025. FRA 
will consider comments received after that date to the extent 
practicable.

ADDRESSES: 
    Comments: Comments related to this docket may be submitted by going 
to https://www.regulations.gov and following the online instructions 
for submitting comments.
    Instructions: All submissions must include the agency name and 
docket number. All comments received will be posted without change to 
https://www.regulations.gov; this includes any personal information. 
Please see the Privacy Act heading in the SUPPLEMENTARY INFORMATION 
section of this document for Privacy Act information related to any 
submitted comments or materials.
    Docket: For access to the docket to read background documents or 
comments received, go to https://www.regulations.gov and follow the 
online instructions for accessing the docket.

FOR FURTHER INFORMATION CONTACT: Yujiang Zhang, Staff Director, FRA 
Track & Structures Division, telephone: 202-493-6460, email: 
[email protected].

SUPPLEMENTARY INFORMATION: Under part 211 of title 49 Code of Federal 
Regulations (CFR), this document provides the public notice that by 
letter received April 24, 2025, AAR, on behalf of its members, 
petitioned FRA for a waiver of compliance from certain provisions of 
the Federal railroad safety regulations contained at 49 CFR part 213 
(Track Safety Standards). FRA assigned the petition Docket Number FRA-
2025-0059.
    AAR seeks relief from Sec.  213.233(b) and (c), Visual track 
inspections, which specifies the method and frequency in which 
railroads must conduct visual track inspections. AAR requests that its 
members instead be permitted to use a combination of track geometry 
measurement system (TGMS) and visual track inspection methods, which 
AAR states ``will result in earlier detection and remediation of track 
defects, reduce visual inspections that are a potential source of 
injury, and improve operational efficiency.'' Further, AAR believes 
that the relief would allow railroads to build on their existing 
successful TGMS programs and provide FRA additional data for use in 
possible future regulations. In support of its request, AAR also cites 
that automated track inspection technologies enable earlier detection 
of track defects and preventative maintenance practices, rather than 
reactive operations.
    FRA notes that other non-AAR member railroads, including New Jersey 
Transit (NJT) (Docket Number FRA-2003-15196), the Southeastern 
Pennsylvania Transportation Authority (SEPTA) (Docket Number FRA-1999-
5102), and the Long Island Rail Road (LIRR) (Docket Number RST-74-
1),\1\ have previously received conditional waivers from certain visual 
track inspection requirements through use of TGMS.\2\ FRA is providing 
notice that concurrently with consideration of AAR's request, FRA may 
consider the utility of aligning these previous grants of relief with 
any grant of relief that may result in this docket.
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    \1\ 41 FR 15360 (Apr. 12, 1976).
    \2\ The relief issued to both NJT and SEPTA has expired and 
LIRR's relief remains in effect.
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    A copy of the petition, as well as any written communications 
concerning the petition, is 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 in connection with 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.
    Communications received by June 9, 2025 will be considered by FRA 
before final action is taken. Comments received after that date will be 
considered if practicable.

Privacy Act

    Anyone can search the electronic form of any written communications 
and comments received into any of FRA's 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 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. 2025-08199 Filed 5-8-25; 8:45 am]
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