SUPPLEMENTARY INFORMATION:

On July 2, 2020, CP petitioned FRA under title 49 Code of Federal Regulations (CFR) § 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 track geometry measurement system) and new operational approaches to track inspections. CP 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 480 miles of track on CP's corridor between St. Paul, Minnesota and Rondout, Illinois.

The Test Program is designed to test autonomous track geometry measurement systems and gradually decrease manual visual inspections as an alternative to FRA's inspection frequency requirements. CP indicates that it will continue to use other inspection technologies during the Test Program, including: (1) Vehicle Track Interaction monitoring systems; (2) ultrasonic rail inspection systems; and (3) optical joint bar inspection systems. The Test Program will be carried out in three separate phases over the course of 12 months, as detailed in Exhibit C of the Test Program (available for review at www.regulations.gov (docket number FRA-2020-0056)).

After review and analysis of CP's petition for a Test Program, subject to certain conditions designed to ensure safety, FRA approved CP'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 CP'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-2020-0056 at www.regulations.gov. FRA's letter approving CP's Test Program and granting the requested limited temporary suspension of certain regulations specifically details the conditions CP 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.

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.

85 FR 45295