[Federal Register Volume 79, Number 140 (Tuesday, July 22, 2014)]
[Notices]
[Page 42630]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-17174]


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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket Number FRA-2014-0034]


Petition for Waiver of Compliance

    In accordance with Part 211 of Title 49 Code of Federal Regulations 
(CFR), this document provides the public notice that by a letter dated 
March 25, 2014, Norfolk Southern Railway (NS), petitioned the Federal 
Railroad Administration (FRA) for a waiver of compliance from certain 
provisions of the Federal railroad safety regulations contained at 49 
CFR Part 232, Brake System Safety Standards for Freight and Other Non-
Passenger Trains and Equipment; End-of-Train Devices. FRA assigned the 
petition Docket Number FRA-2014-0034.
    Specifically, NS seeks a waiver of compliance from 49 CFR 232.215, 
Transfer train brake tests. This section states a transfer train, as 
defined in 49 CFR 232.5, Definitions, shall receive a specified brake 
test performed by a qualified person before proceeding. NS seeks 
approval to perform a Class 3 brake test pursuant to 49 CFR 232.211(b) 
on freight cars that are in switch service between the NS Decatur Yard 
and Archer Daniels Midland's East Plant, West Plant, and New Yard 
(collectively ``ADM'') facilities, in Decatur, IL, instead of the 
specified transfer train brake test. The switch moves that are the 
subject of this waiver request range from 0.2 miles to a maximum of 0.9 
miles.
    NS states that performing the Class 3 brake test provides an 
opportunity to verify the safe functioning of the brakes and also to 
supplement the safety appliance inspection made upon arrival at the 
yard inbound or during assembly of the move to ADM. An equivalent level 
of safety is achieved through the performance of this test, as the rear 
car's set and release confirms the functioning of the brake system. In 
addition, the moves to ADM are 0.9 miles plus the length of the cut 
making up the move. Of additional benefit is the elimination of 
potentially burdensome delays due to blocked crossings and undue 
congestion to the community at road crossings that could occur while 
train crews perform a full transfer train brake test.
    A copy of the petition, as well as any written communications 
concerning the petition, is available for review online at 
www.regulations.gov and in person at the U.S. Department of 
Transportation's Docket Operations Facility, 1200 New Jersey Avenue 
SE., W12-140, Washington, DC 20590. The Docket Operations Facility is 
open from 9 a.m. to 5 p.m., Monday through Friday, except Federal 
Holidays.
    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 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 by August 21, 2014 will be considered by 
FRA before final action is taken. Comments received after that date 
will be considered as far as practicable.
    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 document, 
if submitted on behalf of an association, business, labor union, etc.). 
See http://www.regulations.gov/#!privacyNotice for the privacy notice 
of regulations.gov or interested parties may review DOT's complete 
Privacy Act Statement in the Federal Register published on April 11, 
2000 (65 FR 19477).

    Issued in Washington, DC, on July 8, 2014.
Ron Hynes,
Director, Office of Safety Assurance and Compliance.
[FR Doc. 2014-17174 Filed 7-21-14; 8:45 am]
BILLING CODE 4910-06-P