[Federal Register Volume 84, Number 227 (Monday, November 25, 2019)]
[Notices]
[Pages 64953-64954]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-25422]


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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket Number FRA-2019-0089]


Petition for Waiver of Compliance

    Under part 211 of title 49 Code of Federal Regulations (CFR), this 
document provides the public notice that on October 28, 2019, Norfolk 
Southern Corporation (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 
231, Railroad Safety Appliance Standards. Specifically, NS seeks relief 
from Sec.  231.6(a)(3)(i) for a designated series of NS maintenance-of-
way (MW) flat cars (NS 980011, NS 986906, CR 62753, CR 58574, CR 58568, 
CR 58535, CR 58515, CR 58563, and CR 58708). FRA assigned the petition 
Docket Number FRA-2019-0089.
    In line with the requirements of Sec.  231.6(a)(3)(i), on June 15, 
1998, FRA issued Technical Bulletin MP&E 98-69, Safety Appliance 
Arrangements on Flat Cars, recommending an additional handhold for any 
flat car with a low-mounted side hand brake to allow for the safe 
operation of the hand brake while the car is in motion. NS seeks relief 
to permit these MW cars to remain in service with their current hand 
brake arrangement and without the additional handhold outlined in MP&E 
98-69.
    NS indicates it will not operate the hand brake on these MW cars 
while the cars are in motion. NS states that these cars have had a 
long-standing service life with no detriment to the hand brake 
operation. NS contends that the supplemental handholds, as outlined in 
MP&E 98-69, could obstruct the loading or unloading of track equipment. 
NS posits that this could result in damage

[[Page 64954]]

to the additional handholds any time the car is loaded or unloaded.
    NS explains that the subject cars are currently stenciled ``MW'' as 
per 49 CFR 215.305, and they will remain in that dedicated service. NS 
states it will add additional stenciling with the words ``DO NOT 
OPERATE HANDBRAKE WHILE CAR IS IN MOTION'' in the area of the hand 
brake. NS states it will add a handling message on the NS Internal 
Alert System notifying persons that the hand brakes on these cars 
cannot be operated while the cars are in motion.
    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 (DOT) Docket Operations Facility, 1200 New Jersey Ave. 
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 parties 
desire an opportunity for oral comment and a public hearing, 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:
     Website: 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 Ave. SE, W12-140, Washington, DC 20590.
     Hand Delivery: 1200 New Jersey Ave. SE, Room W12-140, 
Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, 
except Federal Holidays.
    Communications received by January 9, 2020 will be considered by 
FRA before final action is taken. Comments received after that date 
will be considered if practicable.
    Anyone can 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.). 
Under 5 U.S.C. 553(c), DOT solicits comments from the public to better 
inform its processes. DOT posts these comments, without edit, including 
any personal information the commenter provides, to 
www.regulations.gov, as described in the system of records notice (DOT/
ALL-14 FDMS), which can be reviewed at https://www.transportation.gov/privacy. See also https://www.regulations.gov/privacyNotice for the 
privacy notice of regulations.gov.

    Issued in Washington, DC.
John Karl Alexy,
Associate Administrator for Railroad Safety, Chief Safety Officer.
[FR Doc. 2019-25422 Filed 11-22-19; 8:45 am]
 BILLING CODE 4910-06-P