Notice2024-23334
Petition for Extension of Waiver of Compliance
Primary source
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Published
October 9, 2024
Issuing agencies
Transportation DepartmentFederal Railroad Administration
Full Text
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<title>Federal Register, Volume 89 Issue 196 (Wednesday, October 9, 2024)</title>
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[Federal Register Volume 89, Number 196 (Wednesday, October 9, 2024)]
[Notices]
[Pages 81986-81987]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-23334]
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DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
[Docket Number FRA-2019-0089]
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 on August 16, 2024, and August
27, 2024, Norfolk Southern Corporation's
[[Page 81987]]
operating subsidiary, Norfolk Southern Railway Company (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 Docket Number is FRA-2019-0089.
In line with the requirements of Sec. 231.6(a)(3)(i), on June 15,
1998, FRA issued Technical Bulletin MP&E 98-69, ``Safety Appliance
Arrangements on Flat Cars'', recommending an additional handhold for
any flat car with a low-mounted side hand brake to allow for the safe
operation of the hand brake while the car is in motion. NS seeks
continued relief to permit these maintenance-of-way (MW) cars (CR
58535, NS 980011, and NS 986906) \1\ to remain in service with their
current hand brake arrangement and without the additional handhold
outlined in MP&E 98-69.
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\1\ Since the original waiver was approved, NS stated that 5 of
the railcars have been retired and dismantled, and a sixth railcar
from the original waiver is set to be retired and dismantled this
year.
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NS indicated it will not operate the hand brake on these MW cars
while the cars are in motion and has added stenciling on the cars
reading ``DO NOT OPERATE HAND BRAKE WHILE CAR IS IN MOTION.''
Additionally, a handling message is added on the NS Internal Alert
System to notify employees of the above directive.
NS stated that there have been ``no safety incidents involving this
equipment'' since the waiver was last granted. In support of the
petition, NS explained that the cars remining in service with their
current hand brake arrangement reduces the number of switching events
that would be required to repair the added handholds. This, in turn,
reduces the risk of injury and derailment.
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 parties
desire 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">www.regulations.gov</a>.
Follow the online instructions for submitting comments.
Communications received by December 9, 2024 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 the U.S. Department of
Transportation's (DOT) 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), 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. 2024-23334 Filed 10-8-24; 8:45 am]
BILLING CODE 4910-06-P
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