[Federal Register Volume 74, Number 102 (Friday, May 29, 2009)]
[Notices]
[Pages 25796-25797]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-12423]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration


Notice of Application for Approval of Discontinuance or 
Modification of a Railroad Signal System or Relief From the 
Requirements of Title 49 Code of Federal Regulations Part 236

    Pursuant to Title 49 Code of Federal Regulations (CFR) Part 235 and 
49 U.S.C. 20502(a), the following railroad has petitioned the Federal 
Railroad Administration (FRA) seeking approval for the discontinuance 
or modification of the signal system or relief from the requirements of 
49 CFR Part 236, as detailed below.
    Docket Number FRA-2009-0037.
    Applicant: Norfolk Southern Corporation, Mr. B. L. Sykes, Chief 
Engineer C&S Engineering, Communications & Signal Department,

[[Page 25797]]

1200 Peachtree Street, N.E.--Box 123, Atlanta, Georgia 30309.
    The Norfolk Southern Corporation (NS) request a waiver pertaining 
to the use of a device for automated execution of certain FRA required 
tests made at interlockings and control points on the NS system.
    The reasons given for the proposed waiver is to permit NS to use 
the automated test system, known as the InterTest[reg] system, for 
subject testing in lieu of tests being performed manually, as well as 
to permit use of electronic signature for documentation and storage of 
results of tests performed during two year and in service testing.
    The InterTest[reg] system is a processor-based system that performs 
testing by electronically exercising the inputs to the interlocking and 
control point locking circuitry in a manner which replicates that done 
by humans during a manual test. The interlocking tester consists of 
three subsystems that are tied together by a central control computer.
    NS proposes to use the automated tester to make the following FRA 
required 2-year tests: 49 CFR 236.378--Time Locking; 49 CFR 236.379--
Route Locking; 49 CFR 236.380--Indication Locking;
    NS proposes to use the automated tester to make the following in 
service tests: 49 CFR 236.201--Track circuit control of signals; 49 CFR 
236.202--Signal governing movements over hand- operated switch; 49 CFR 
236.204--Track signaled for movements in both directions, requirements; 
49 CFR 236.402--Signals controlled by track circuits and control 
operator; 49 CFR 236.403--Signals at control point; 49 CFR 236.404--
Signal at adjacent control points; 49 CFR 236.405--Track signaled for 
movements in both directions, change of direction of traffic; 49 CFR 
236.107--Ground Tests; and to create and maintain records of tests 
according to 49 CFR 236.110--Results of tests.
    Any interested party desiring to protest the granting of an 
application shall set forth specifically the grounds upon which the 
protest is made, and include a concise statement of the interest of the 
party in the proceeding. Additionally, one copy of the protest shall be 
furnished to the applicant at the address listed above.
    FRA expects to be able to determine these matters without an oral 
hearing. However, if a specific request for an oral hearing is 
accompanied by a showing that the party is unable to adequately present 
his or her position by written statements, an application may be set 
for public hearing.
    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-
2009-0037) 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 May 22, 2009.
Grady C. Cothen, Jr.,
Deputy Associate Administrator for Safety Standards and Program 
Development.
[FR Doc. E9-12423 Filed 5-28-09; 8:45 am]
BILLING CODE 4910-06-P