[Federal Register Volume 68, Number 76 (Monday, April 21, 2003)]
[Notices]
[Pages 19601-19602]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-9721]


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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 from certain 
requirements of its safety regulations. 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 (Docket Number FRA-2002-11896)

    Norfolk Southern Corporation (NS) seeks to modify existing waiver 
FRA-2002-11896, which is a conditional waiver of compliance from 
certain provisions of the Safety Appliances Standards, 49 CFR part 231, 
and Power Brakes and Drawbars regulations, 49 CFR part 232, concerning 
the operation of RoadRailer equipment in Triple Crown Service over 
their railroad system. Specifically, NS requests that FRA modify the 
existing waiver to incorporate the use of the new ``RoadRailer[reg] 
Drawbar Connector'' in its RoadRailer operations.
    NS would like to undertake the introduction of the new `` 
RoadRailer Drawbar'' technology in a two-phase

[[Page 19602]]

program. In Phase I, NS would operate a limited commercial test of the 
Drawbar. The intent is to gain experience with the new technology under 
controlled conditions in order to refine operating techniques and to 
develop and provide additional data to the FRA to support the use of 
this technology on a permanent basis. NS envisions that such a test 
would run for a period of approximately 90 days using two train sets. 
Train 262 from Calumet (Chicago, Illinois) to Piqua (Ft. 
Wayne, Indiana), approximately 190 miles, and Train  253, from 
Oakwood (Detroit, Michigan) to Piqua (Ft. Wayne, Indiana), 
approximately 185 miles. The drawbar would be installed/removed only in 
Triple Crown terminals by RoadRailer personnel using a forklift. All 
affected personnel would be trained and the training will be 
documented.
    Upon satisfactory completion of Phase I, all of the data collected 
will be submitted to FRA's Railroad Safety Board for consideration of 
modifying waiver FRA-2002-11896 to permanently authorize use of the new 
Drawbar in all aspects across the NS Triple Crown system. NS would like 
FRA to grant approval to operate the equipment, to include the 
following aspects: (1) The use of the drawbar to permit bi-directional 
operation of RoadRailer equipment in main-line service; (2) the use of 
the drawbar to permit the addition/subtraction of blocks of RoadRailer 
trailers at intermediate locations using the train crew, provided that 
the block is equipped with knuckle couplers at each end of the block; 
(3) removal of the restriction against backing RoadRailer equipment, 
provided that the backing move is protected by a CouplerMate bogie at 
the rear, that is equipped with appropriate safety appliances. Thus, 
Phase II would begin only if FRA approves the modification of the 
existing waiver.
    NS requests the following amendments to the existing waiver: (1) 
Modify condition 8 to include the following exception: 
``RoadRailer units in blocks containing a drawbar connector and having 
standard couplers on both ends of the block have no restrictions on 
where the blocks may be picked-up or set-out''; (2) Modify condition 
12 with the insertion of the word ``shove''; where ``reverse 
movement'' would become ``reverse shove movement''; (3) reset the five-
year expiration date on condition  27; and (4) insert a new 
condition to permit the use of the RoadRailer drawbar for bi-
directional operation of RoadRailer equipment.
    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-
2002-11896) and must be submitted in triplicate to the Docket Clerk, 
DOT Central Docket Management Facility, Room PL-401, Washington, DC, 
20590-0001. Communications received within 30 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 DOT 
Central Docket Management Facility, Room PL-401 (Plaza Level), 400 
Seventh Street, SW., Washington, DC. 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://dms.dot.gov.

    Issued in Washington, DC, on April 14, 2003.
Grady C. Cothen, Jr.,
Deputy Associate Administrator for Safety Standards and Program 
Development.
[FR Doc. 03-9721 Filed 4-18-03; 8:45 am]
BILLING CODE 4910-06-P