Proposed Rule2024-30595
Track Geometry Measurement System (TGMS) Inspections; Extension of Comment Period
Primary source
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Published
December 23, 2024
Effective
October 24, 2024
Issuing agencies
Transportation DepartmentFederal Railroad Administration
Abstract
On October 24, 2024, FRA published an NPRM proposing to revise its regulations governing the minimum safety requirements for railroad track. The proposed changes would require all Class I and II railroads, as well as intercity passenger railroads and commuter railroads, to operate a qualifying Track Geometry Measurement System (TGMS), a type of automated track inspection (ATI) technology, at specified frequencies on all Class 1 through 5 mainline and controlled siding track that transports: annual tonnage greater than 10 million gross tons (MGT), regularly scheduled passenger rail service, or trains containing hazardous materials. FRA also proposed increasing the required frequency of TGMS inspections on Class 6 track. By this notification, FRA is extending the NPRM's comment period, which will close on December 23, 2024, by 15 days.
Full Text
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<title>Federal Register, Volume 89 Issue 246 (Monday, December 23, 2024)</title>
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[Federal Register Volume 89, Number 246 (Monday, December 23, 2024)]
[Proposed Rules]
[Page 104509]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-30595]
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DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
49 CFR Part 213
[Docket No. FRA-2024-0032]
RIN 2130-AC96
Track Geometry Measurement System (TGMS) Inspections; Extension
of Comment Period
AGENCY: Federal Railroad Administration (FRA), Department of
Transportation (DOT).
ACTION: Notice of proposed rulemaking (NPRM); extension of comment
period.
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SUMMARY: On October 24, 2024, FRA published an NPRM proposing to revise
its regulations governing the minimum safety requirements for railroad
track. The proposed changes would require all Class I and II railroads,
as well as intercity passenger railroads and commuter railroads, to
operate a qualifying Track Geometry Measurement System (TGMS), a type
of automated track inspection (ATI) technology, at specified
frequencies on all Class 1 through 5 mainline and controlled siding
track that transports: annual tonnage greater than 10 million gross
tons (MGT), regularly scheduled passenger rail service, or trains
containing hazardous materials. FRA also proposed increasing the
required frequency of TGMS inspections on Class 6 track. By this
notification, FRA is extending the NPRM's comment period, which will
close on December 23, 2024, by 15 days.
DATES: The comment period for the NPRM published on October 24, 2024,
at 89 FR 84845, is extended. Comments should be received on or before
January 7, 2025.
ADDRESSES:
Comments: Comments related to Docket No. FRA-2024-0032 may be
submitted by going to <a href="https://www.regulations.gov">https://www.regulations.gov</a> and following the
online instructions for submitting comments.
Instructions: All submissions must include the agency name, docket
name, and docket number or Regulatory Identification Number (RIN) for
this rulemaking (2130-AC96). Note that all comments received will be
posted without change to <a href="https://www.regulations.gov">https://www.regulations.gov</a>, including any
personal information provided. 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 <a href="https://www.regulations.gov">https://www.regulations.gov</a> and follow the
online instructions for accessing the docket.
FOR FURTHER INFORMATION CONTACT: Yu-Jiang Zhang, Staff Director, Track
and Structures Division, Office of Railroad Safety, Federal Railroad
Administration, 1200 New Jersey Avenue SE, W33-302, Washington, DC
20590, telephone: 202-493-6460; or Aaron Moore, Senior Attorney, Office
of the Chief Counsel, Federal Railroad Administration, 1200 New Jersey
Avenue SE, Washington, DC 20590, telephone: 202-853-4784.
SUPPLEMENTARY INFORMATION: In a November 13, 2024, letter, the American
Short Line and Regional Railroad Association (ASLRRA) requested a 60-
day extension of the NPRM's comment period.\1\ ASLRRA stated it needs
additional time to consult with members regarding the potential impact
of the proposed rule. ASLRRA's letter cited the fact that FRA issued
three NPRMs \2\ during a short timeframe, did not consult with Railroad
Safety Advisory Committee regarding the proposed rules, and that the
publication of the NPRMs and the comment deadlines are impacted by the
fall and winter holiday season.
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\1\ 89 FR 84845 (Oct. 24, 2024).
\2\ 89 FR 84845 (Oct. 24, 2024); 89 FR 85462 (Oct. 28, 2024); 89
FR 85895 (Oct. 29, 2024).
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In a November 25, 2024, letter, the Association of American
Railroad (AAR) made a similar request, also seeking a 60-day extension.
AAR's letter cited similar concerns as ASLRRA's letter.
The comment period for this NPRM is scheduled to close on December
23, 2024. As FRA is granting an extension in response to the requests
from ASLRRA and AAR, the comment period is now extended to January 7,
2025, which is a total of 15 days. Although ASLRRA and AAR requested a
60-day extension, FRA believes that a 15-day extension will provide
sufficient time for ASLRRA, AAR, and other interested parties to review
the NPRM.
Privacy Act
In accordance with 5 U.S.C. 553(c), DOT solicits comments from the
public to better inform its rulemaking process. DOT posts these
comments, without edit, to <a href="http://www.regulations.gov">www.regulations.gov</a>, as described in the
system of records notice, DOT/ALL-14 FDMS, accessible through
<a href="http://www.dot.gov/privacy">www.dot.gov/privacy</a>. To facilitate comment tracking and response, we
encourage commenters to provide their name, or the name of their
organization; however, submission of names is completely optional.
Whether or not commenters identify themselves, all timely comments will
be fully considered. If you wish to provide comments containing
proprietary or confidential information, please contact the agency for
alternate submission instructions.
Authority: 49 U.S.C. 20102-20114 and 20142; 28 U.S.C. 2461 note;
and 49 CFR 1.89.
Issued in Washington, DC.
Allison Ishihara Fultz,
Chief Counsel.
[FR Doc. 2024-30595 Filed 12-20-24; 8:45 am]
BILLING CODE 4910-06-P
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