FR 2021-03488

The document published in the Federal Register notifies the public that Norfolk Southern Corporation (NS) has submitted a petition to the Federal Railroad Administration (FRA). NS is seeking a waiver from certain federal railroad safety regulations which govern how signal and train control systems are installed, inspected, maintained, and repaired. The waiver specifically concerns the requirement that every locomotive operating in certain areas be equipped with cab signal systems. NS proposes to use locomotives equipped with Positive Train Control (PTC) instead, within part of the Royalton Branch in the Keystone Division.

General Summary

Norfolk Southern Corporation is requesting a waiver from existing safety regulations, which require locomotives in certain areas to have cab signal equipment. Instead, NS wants to use locomotives outfitted with Positive Train Control (PTC), from milepost RY 0.0 to RY 21.9 in the Royalton Branch. These locomotives could be used in various operations such as manifest trains and switching services. The FRA has opened the request for public comment and has set a deadline for April 8, 2021, for receiving these inputs. Although the agency does not plan to hold a public hearing, interested parties may request one by providing a written justification.

Significant Issues and Concerns

One concern with the document is the absence of a detailed explanation for why this waiver is necessary. It does not provide insight into whether the existing requirements pose operational challenges or if PTC offers superior safety benefits. This lack of transparency could lead to suspicions of bias or favoritism. Additionally, no cost-benefit analysis has been provided, making it difficult for the public to understand the potential financial implications or risks associated with granting the waiver.

The document uses technical language such as "49 CFR 236.566," which could be confusing to those not familiar with the legal or regulatory context. Another issue is the assumption that stakeholders have internet access to review and comment on the petition online. This may inadvertently exclude individuals who lack such access. The process for requesting a public hearing is briefly mentioned but lacks clear criteria for what constitutes a valid request, potentially discouraging participation from those wishing to engage more deeply in the process.

Impact on the Public

This document invites public participation, offering a chance for individuals and groups to express their support or concern regarding the proposed waiver. However, the impact on the public largely depends on the transparency and comprehensibility of the information provided, as well as the ability of citizens to engage in the process effectively. The waiver's outcome could influence railroad operations, possibly affecting train safety, efficiency, and costs.

Impact on Specific Stakeholders

The primary stakeholders include NS, the FRA, and potentially other railroad companies. Norfolk Southern Corporation stands to benefit operationally from increased flexibility if the waiver is granted. On the other hand, the FRA is responsible for ensuring that any exemption still aligns with safety priorities, which they must consider carefully against public input. Failure to provide clear information or an unbalanced waiver process could impact public trust in the FRA.

Broader railroad industry stakeholders might see this waiver as a precedent, possibly triggering similar requests from other companies. For communities along the specified rail line, there could be implications depending on how the waiver affects rail operations in their area. Hence, it's critical for the FRA to manage this process transparently and judiciously to uphold railroad safety and public confidence.