Notice2023-03901
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]
[Pages 12431-12432]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-03901]
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DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
[Docket Number FRA-2017-0084]
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 December 28,
2022, 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 214 (Railroad Workplace Safety). The relevant FRA Docket
Number is FRA-2017-0084.
Specifically, NS requests to extend its relief from Sec.
214.336(c), On-track safety procedures for certain roadway work groups
and adjacent tracks, as it pertains to procedures for adjacent
controlled track movements at 25 miles per hour (mph) or less.
NS indicates this request is specific to a unique working group,
the R-3 Dual Rail Gang (R-3 Gang), and the relief would only apply to
this group. This group is a system-level production gang comprised of
78 employees and 40 roadway maintenance machines with the capability to
remove both rails while simultaneously installing both new rails. NS
seeks relief from the requirement of using the gauge position of the
rail as the point for the plane that is not to be broken on the
occupied track. Instead, NS seeks to use the removed rails of the
occupied track as an envelope for on-ground work performed exclusively
between these rails for the employees working in the R-3 Gang. NS
asserts the R-3 Gang's work can be performed safely. Additionally, NS
seeks relief from the requirement that on-ground work be performed
exclusively between the rails
[[Page 12432]]
(i.e., not breaking the plane of the rails) of the occupied track. NS
seeks to extend its relief to allow up to 4 on-ground employees (when
working with one adjacent controlled track) and up to 8 on-ground
employees (when working with two adjacent controlled tracks) of the R-3
Gang to break the plane of the outside rail to perform minor work.
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. 2023-03901 Filed 2-24-23; 8:45 am]
BILLING CODE 4910-06-P
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</html>Indexed from Federal Register on February 27, 2023.
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