[Federal Register Volume 74, Number 120 (Wednesday, June 24, 2009)]
[Notices]
[Page 30203]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-14830]


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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-2009-0052.
    Applicant: Norfolk Southern Corporation, Mr. Donald D. Graab, 
Assistant Vice-President Mechanical, Mechanical Department, 1200 
Peachtree Street, NE., Atlanta, Georgia 30309-3579.
    The Norfolk Southern Corporation (NS) seeks relief from the 
requirements of the Rules, Standards, and Instructions, 49 CFR Part 
236, Sec. Sec.  236.586 and 236.110. NS seeks a waiver from compliance 
with Sec.  236.586 Daily or after trip test, in its entirety for 
locomotives equipped with UltraCab equipment. NS seeks a waiver from 
that portion of Sec.  236.110 that requires record-keeping and record 
retention for tests performed under Sec.  236.586.
    The reason given for the proposed changes is that UltraCab 
locomotive cab signal equipment is microprocessor-based, and it is 
universally recognized that this technology has provided vast 
breakthroughs in advanced train stop and train control equipment. These 
systems offer improvements far superior to their predecessors in 
performance, reliability, and safety. Equipment is now capable of 
checking itself several times a second and verifying that the system is 
functioning properly and that all external inputs are valid.
    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-
2009-0052) 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 June 17, 2009.
Grady C. Cothen, Jr.,
Deputy Associate Administrator for Safety Standards and Program 
Development.
[FR Doc. E9-14830 Filed 6-23-09; 8:45 am]
BILLING CODE 4910-06-P