Notice2023-03900
Petition for Extension of Waiver of Compliance
Primary source
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Published
February 27, 2023
Issuing agencies
Transportation DepartmentFederal Railroad Administration
Full Text
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<title>Federal Register, Volume 88 Issue 38 (Monday, February 27, 2023)</title>
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[Federal Register Volume 88, Number 38 (Monday, February 27, 2023)]
[Notices]
[Page 12432]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-03900]
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DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
[Docket Number FRA-2008-0029]
Petition for Extension of Waiver of Compliance
Under part 211 of title 49 Code of Federal Regulations (CFR), this
document provides the public notice that by letter dated February 3,
2023,\1\ Norfolk Southern Corporation (NS) petitioned the Federal
Railroad Administration (FRA) for an extension of a waiver of
compliance from certain provisions of the Federal railroad safety
regulations contained at 49 CFR part 231 (Railroad Safety Appliance
Standards). The relevant FRA Docket Number is FRA-2008-0029.
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\1\ The existing relief in this docket expired on February 8,
2023. On February 8, 2023, FRA granted a conditional, 180-day
extension of the relief, while FRA considers NS's February 3, 2023,
extension request for permanent relief. See <a href="https://www.regulations.gov/document/FRA-2008-0029-0016">https://www.regulations.gov/document/FRA-2008-0029-0016</a>.
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Specifically, NS requests to extend its relief from Sec. 231.1(k),
Uncoupling levers, for its Rail Train service, which is non-revenue
service operated by NS to deliver sections of continuously welded rail
to rail gangs replacing rail throughout the NS system. NS seeks
continued approval to operate all Rail Trains with uncoupling levers
removed from both ends of the rail cars that are coupled to one another
in this train service. These trains operate only on NS property in
maintenance-of-way service. NS states that its process of uncoupling
cars allows for safe uncoupling through utilization of NS Mechanical
Department personnel under blue flag protection. Additionally, NS
states that the relief will continue to help prevent unintentional
train uncoupling during these operations and the resulting potential
employee injuries and damage to rail structure and roadbed.
A copy of the petition, as well as any written communications
concerning the petition, is available for review online at
<a href="http://www.regulations.gov">www.regulations.gov</a>.
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.
All communications concerning these proceedings should identify the
appropriate docket number and may be submitted at <a href="http://www.regulations.gov">http://www.regulations.gov</a>. Follow the online instructions for submitting
comments.
Communications received by April 28, 2023 will be considered by FRA
before final action is taken. Comments received after that date will be
considered if practicable.
Anyone can search the electronic form of any written communications
and comments received into any of our 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), the U.S. Department of Transportation (DOT)
solicits comments from the public to better inform its processes. DOT
posts these comments, without edit, including any personal information
the commenter provides, to <a href="http://www.regulations.gov">www.regulations.gov</a>, as described in the
system of records notice (DOT/ALL-14 FDMS), which can be reviewed at
<a href="https://www.transportation.gov/privacy">https://www.transportation.gov/privacy</a>. See also <a href="https://www.regulations.gov/privacy-notice">https://www.regulations.gov/privacy-notice</a> for the privacy notice of
<a href="http://regulations.gov">regulations.gov</a>.
Issued in Washington, DC.
John Karl Alexy,
Associate Administrator for Railroad Safety, Chief Safety Officer.
[FR Doc. 2023-03900 Filed 2-24-23; 8:45 am]
BILLING CODE 4910-06-P
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