Notice2023-18996
Norfolk Southern Railway's Request To Operate During a Temporary Outage of Its Positive Train Control System
Primary source
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Published
September 1, 2023
Issuing agencies
Transportation DepartmentFederal Railroad Administration
Abstract
This document provides the public with notice that, on August 28, 2023, Norfolk Southern Railway (NS) submitted a request for amendment (RFA) to its FRA-certified positive train control (PTC) system. On August 28, 2023, NS experienced a system-wide outage of its PTC back office, temporarily impacting the operations of NS and its tenant railroads. NS is seeking FRA's authorization under FRA's PTC regulations to continue operations, with certain restrictions, while NS's PTC system is temporarily disabled.
Full Text
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<title>Federal Register, Volume 88 Issue 169 (Friday, September 1, 2023)</title>
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[Federal Register Volume 88, Number 169 (Friday, September 1, 2023)]
[Notices]
[Pages 60531-60532]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-18996]
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DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
[Docket No. FRA-2010-0060]
Norfolk Southern Railway's Request To Operate During a Temporary
Outage of Its Positive Train Control System
AGENCY: Federal Railroad Administration (FRA), Department of
Transportation (DOT).
ACTION: Notice of availability, request for comments, and notice of
planned decision.
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SUMMARY: This document provides the public with notice that, on August
28, 2023, Norfolk Southern Railway (NS) submitted a request for
amendment (RFA) to its FRA-certified positive train control (PTC)
system. On August 28, 2023, NS experienced a system-wide outage of its
PTC back office, temporarily impacting the operations of NS and its
tenant railroads. NS is seeking FRA's authorization under FRA's PTC
regulations to continue operations, with certain restrictions, while
NS's PTC system is temporarily disabled.
DATES: FRA will review comments received by September 21, 2023. FRA may
consider comments received after that date to the extent practicable.
ADDRESSES:
Comments: Comments 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 and the
applicable docket number. The relevant PTC docket number for this host
railroad is Docket No. FRA-2010-0060. For convenience, all active PTC
dockets are hyperlinked on FRA's website at <a href="https://railroads.dot.gov/train-control/ptc/ptc-annual-and-quarterly-reports">https://railroads.dot.gov/train-control/ptc/ptc-annual-and-quarterly-reports</a>. All comments
received will be posted without change to <a href="https://www.regulations.gov">https://www.regulations.gov</a>;
this includes any personal information.
FOR FURTHER INFORMATION CONTACT: Gabe Neal, Staff Director, Signal,
Train Control, and Crossings Division, telephone: 816-516-7168, email:
<a href="/cdn-cgi/l/email-protection#a4e3c5c6c18aeac1c5c8e4c0cbd08ac3cbd2"><span class="__cf_email__" data-cfemail="8ec9efeceba0c0ebefe2ceeae1faa0e9e1f8">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: In general, Title 49 United States Code
(U.S.C.) Section 20157(h) requires FRA to certify that a host
railroad's PTC system complies with Title 49 Code of Federal
Regulations (CFR) part 236, subpart I, before the technology may be
operated in revenue service. Before making
[[Page 60532]]
certain changes to an FRA-certified PTC system or the associated FRA-
approved PTC Safety Plan or disabling the PTC system, a host railroad
must submit, and obtain FRA's approval of, an RFA under 49 CFR
236.1021.
Under 49 CFR 236.1021(e), FRA's regulations provide that FRA will
publish a notice in the Federal Register and invite public comment in
accordance with 49 CFR part 211, if an RFA includes a request for
approval of a material modification or discontinuance of a signal or
train control system. Accordingly, this notice informs the public that,
on August 28, 2023, NS submitted an RFA to its PTC system under 49 CFR
236.1021(m), and that RFA is available in Docket No. FRA-2010-0060.
Interested parties are invited to comment on NS's RFA by submitting
written comments or data.
FRA typically invites the public to comment on such RFAs for a
period of 20 days, as FRA must issue a decision to the railroad within
45 days of receipt of the RFA. 49 CFR 236.1021(e), (m)(3)(i). However,
FRA's PTC regulations, at Sec. 236.1021(m)(3)(ii), recognize that FRA
may issue a decision before the standard 45-day decision deadline in
emergencies or under other circumstances necessitating immediate
approval. Given the circumstances and impact to NS's entire network,
FRA intends to issue a decision immediately, subject to conditions and
other limitation to ensure rail safety. FRA will review and consider
any comments received during the comment period, even after issuing a
decision.
Privacy Act Notice
In accordance with 49 CFR 211.3, FRA solicits comments from the
public to better inform its decisions. DOT posts these comments,
without edit, including any personal information the commenter
provides, to <a href="https://www.regulations.gov">https://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 <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>. To facilitate
comment tracking, we encourage commenters to provide their name, or the
name of their organization; however, submission of names is completely
optional. If you wish to provide comments containing proprietary or
confidential information, please contact FRA for alternate submission
instructions.
Issued in Washington, DC
Carolyn R. Hayward-Williams,
Director, Office of Railroad Systems and Technology.
[FR Doc. 2023-18996 Filed 8-31-23; 8:45 am]
BILLING CODE 4910-06-P
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