
[Federal Register: March 17, 2010 (Volume 75, Number 51)]
[Notices]               
[Page 12811-12812]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr17mr10-121]                         

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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

 
Petition for Waiver of Compliance

    In accordance with part 211 of Title 49 Code of Federal Regulations 
(CFR), notice is hereby given that the Federal Railroad Administration 
(FRA) has received a request for a waiver of compliance with 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 from the requirements of 49 
CFR part 236, as detailed below.

Norfolk Southern Corporation

[Docket Number FRA-2010-0011]

    The Norfolk Southern Corporation (NS) seeks relief from the 
requirements of the Rules, Standards, and Instructions, Title 49 CFR 
236.377 Approach Locking, 236.378 Time Locking, 236.379 Route Locking, 
236.380 Indication Locking, and 236.381 Traffic Locking, regarding 
performance of locking test at intervals not to exceed 2 years, on 
processor-based solid-state systems to the extent that only the 
following be required every 4 years after initial testing or program 
change:
    1. Performing appropriate test on equipment external to the solid-
state interlocking at the interlocking site to verify integrity of this 
equipment, including verifying the integrity of underground cable 
connecting the solid-state interlocking to the external equipment. 
Equipment that would be verified to the processor inputs would include 
power switch control and indication, track circuit indication, signal 
aspect control, and if used, searchlight signal control and indication.
    2. Verifying that the executive and application software has not 
changed since the previous locking test was made. This verification 
includes verifying accuracy of the check sum and CRC values of all 
programmable elements used in the solid-state interlocking equipment at 
the interlocking, as well as verifying the correct version and revision 
levels of the software being used. This verification is done by 
comparing the parameters found on all programmable elements at the 
location with those parameters found in the Software Management System 
(SMS) for the location.
    3. Verifying the run time of variable run time elements employed at 
the solid-state interlocking and ensuring that the run times of these 
are in accordance with timings specified on the design plans.
    Applicant's justification for relief: NS feels that tests being 
performed on a 2-year interval provide no real safety benefit since the 
equipment operates using programmed logic that once installed does not 
change. FRA's Subpart H rule-making has resulted in the invoking of a 
strict software change and revision control process for application and 
executive software of solid-state systems, with the underlying premise 
of this rule-making being that safety is maintained when software 
revision levels and software changes are controlled and managed. NS 
believes that architectural features inherent to solid-state 
interlockings permit them to consistently deliver enhanced safety as 
compared to their relay-based counterparts. The dual microprocessor 
design of these systems where identical processes are executed in 
parallel and where these systems are able to continuously monitor 
operational status as well as status of ancillary components enables 
solid-state systems to deliver an overall superior level of safety as 
compared to relay-based counterparts. NS believes that these attributes 
have contributed to the solid-state's successful delivery of an 
unparalleled track record in the areas of safety and reliability. NS 
currently employs 650 solid-state interlocking systems, many of which 
have been in service approaching 25 years. In the years since first 
deployed, there have been no recorded instances of these systems 
experiencing unsafe-side failure attributed to undetected system 
hardware or executive software malfunction.

    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-
2010-0011) 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

[[Page 12812]]

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 document (or signing the 
document, 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 (65 FR 19477) or at 
http://www.dot.gov/privacy.html.

    Issued in Washington, DC, on March 10, 2010.
Grady C. Cothen, Jr.,
Deputy Associate Administrator for Safety Standards and Program 
Development.
[FR Doc. 2010-5754 Filed 3-16-10; 8:45 am]
BILLING CODE 4910-06-P

