[Federal Register Volume 71, Number 238 (Tuesday, December 12, 2006)]
[Notices]
[Page 74577]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-21013]


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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) received a request for a waiver of compliance with certain 
requirements of Federal railroad 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-2006-25706]

    The Norfolk Southern Corporation (NS) seeks a waiver of compliance 
from certain provisions of 49 CFR part 232, Brake System Safety 
Standards for Freight and Other Non-Passenger Trains and Equipment. 
Specifically, it seeks a waiver from 49 CFR 232.205(a)(3), which 
requires a Class I air brake inspection whenever a train is ``off-air'' 
for a period of more than 4 hours on certain trains on NS's Pocahontas 
Division in West Virginia.
    NS currently departs Gilbert Yard, West Virginia, and Weller Yard, 
Lee Town, West Virginia, with trains approximately 100 cars in length. 
These trains have a Class I brake test performed when assembled. The 
trains are moved to Buck main line siding where the locomotives are 
removed and the cars are left without means of charging air for a 
period of up to 24 hours. This practice also happens to trains from 
Weller Yard to Luke main line siding, and from Gilbert Yard to Lindsey 
main line siding. In each instance, another block of approximately 100 
cars (previously Class I tested) are brought to the siding, where the 
two blocks are combined and a Class I brake inspection is performed on 
the first block of cars that have been sitting in the siding ``off-
air'' for more than 4 hours. The train then departs to Portsmouth, 
Ohio.
    NS requests relief from performing another Class I inspection on 
the block of cars that have been sitting in the siding ``off-air'' for 
more than 4 hours. The train travels less than 150 miles before being 
placed in the siding and NS contends that this waiver would reduce the 
exposure of their employees while performing a redundant walking 
inspection. NS would perform a Class III test on the cars in the 
sidings, when combined with the second train. NS also states that there 
have been no incidences of vandalism at these locations.
    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 this petition should identify the 
appropriate docket number (FRA-2006-25706) and may be submitted by one 
of the following methods:
     Web site: http://dms.dot.gov. Follow the instructions for 
submitting comments on the DOT electronic site;
     Fax: 202-493-2251;
     Mail: Docket Management Facility, U.S. Department of 
Transportation, 400 Seventh Street, SW., Nassif Building, Room PL-401, 
Washington, DC 20590-0001; or
     Hand Delivery: Room PL-401 on the plaza level of the 
Nassif Building, 400 Seventh Street, SW., Washington, DC, 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://dms.dot.gov.
    Anyone is able to search the electronic form of all 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). The Statement 
may also be found at http://dms.dot.gov.

    Issued in Washington, DC on December 6, 2006.
Grady C. Cothen, Jr.,
Deputy Associate Administrator for Safety Standards and Program 
Development.
[FR Doc. E6-21013 Filed 12-11-06; 8:45 am]
BILLING CODE 4910-06-P