
[Federal Register: July 16, 2009 (Volume 74, Number 135)]
[Notices]               
[Page 34629-34630]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr16jy09-103]                         

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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

 
Petition for Waiver of Compliance

    In accordance with Part 211 of Title 49 of the Code of Federal 
Regulations (CFR), notice is hereby given that the Federal Railroad 
Administration (FRA) has received a request for a waiver of compliance 
from certain requirements of its safety standards. The individual 
petition is described below, including the party seeking relief, the 
regulatory provisions involved, the nature of the relief being 
requested, and the petitioner's arguments in favor of relief.

Norfolk Southern Corporation

[Waiver Petition Docket Number FRA-2009-0064]

    Norfolk Southern Corporation (NS) has petitioned FRA for a waiver 
from 49 CFR 213.113(a) to permit variance from the accepted practice of 
stop/start rail test hand verification for a continuous rail test pilot 
project. The pilot project will be conducted for a period of 2 years on 
all main line tracks of the CNO & TP on the Central division between 
Cincinnati, Ohio and Chattanooga, Tennessee, milepost limits 2.4 to 
338.2. NS also states that prior to beginning the pilot project, the 
Central division main tracks will be rail tested with a conventional 
stop/start rail test vehicle and any normally scheduled intervals 
during the pilot project will be maintained by convention stop/start 
rail test vehicle.
    The continuous high speed rail test vehicle will be a self 
propelled rail-bound ultrasound Sperry car operating at speeds up to 25 
miles per hour in non-stop mode making weekly runs. Upon completion of 
each run, data will

[[Page 34630]]

be analyzed offline by a group of experts with experience in this 
process. The analysis will categorize and prioritize suspect defect 
locations. Three teams of verifiers will then be sent out with field 
instruments to check locations based upon GPS coordinates. Locations 
will be checked 60 feet; either side of suspect GPS point. Remedial 
actions will be applied as per CFR 213.113 for confirmed rail defects.
    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, 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 (e.g., Waiver Petition Docket Number FRA-
2009-0064) and may be submitted by any of the following methods:
     Web site: http://www.regulations.gov. Follow the online 
instructions for submitting comments.
     Fax: 202-493-2251.
     Mail: Docket Operations Facility, U.S. Department of 
Transportation, 1200 New Jersey Avenue, SE., W12-140, Washington, DC 
20590.
     Hand Delivery: 1200 New Jersey Avenue, SE., Room W12-140, 
Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, 
except Federal holidays.
    Communications received within 45 days of the date of this notice 
will be considered by FRA before final action is taken. Comments 
received after that date will be considered as far as practicable. All 
written communications concerning these proceedings are available for 
examination during regular business hours (9 a.m.-5 p.m.) at the above 
facility. All documents in the public docket are also available for 
inspection and copying on the Internet at the docket facility's Web 
site at http://www.regulations.gov.
    Anyone is able to 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 comment, 
if submitted on behalf of an association, business, labor union, etc.). 
You may review DOT's complete Privacy Act Statement in the Federal 
Register published on April 11, 2000 (Volume 65, Number 70; Pages 
19477-78).

    Issued in Washington, DC, on July 10, 2009.
Grady C. Cothen, Jr.,
Deputy Associate Administrator for Safety Standards and Program 
Development.
[FR Doc. E9-16919 Filed 7-15-09; 8:45 am]

BILLING CODE 4910-06-P
