[Federal Register Volume 88, Number 38 (Monday, February 27, 2023)]
[Notices]
[Page 12432]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-03900]


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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket Number FRA-2008-0029]


Petition for Extension of Waiver of Compliance

    Under part 211 of title 49 Code of Federal Regulations (CFR), this 
document provides the public notice that by letter dated February 3, 
2023,\1\ Norfolk Southern Corporation (NS) petitioned the Federal 
Railroad Administration (FRA) for an extension of a waiver of 
compliance from certain provisions of the Federal railroad safety 
regulations contained at 49 CFR part 231 (Railroad Safety Appliance 
Standards). The relevant FRA Docket Number is FRA-2008-0029.
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    \1\ The existing relief in this docket expired on February 8, 
2023. On February 8, 2023, FRA granted a conditional, 180-day 
extension of the relief, while FRA considers NS's February 3, 2023, 
extension request for permanent relief. See https://www.regulations.gov/document/FRA-2008-0029-0016.
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    Specifically, NS requests to extend its relief from Sec.  231.1(k), 
Uncoupling levers, for its Rail Train service, which is non-revenue 
service operated by NS to deliver sections of continuously welded rail 
to rail gangs replacing rail throughout the NS system. NS seeks 
continued approval to operate all Rail Trains with uncoupling levers 
removed from both ends of the rail cars that are coupled to one another 
in this train service. These trains operate only on NS property in 
maintenance-of-way service. NS states that its process of uncoupling 
cars allows for safe uncoupling through utilization of NS Mechanical 
Department personnel under blue flag protection. Additionally, NS 
states that the relief will continue to help prevent unintentional 
train uncoupling during these operations and the resulting potential 
employee injuries and damage to rail structure and roadbed.
    A copy of the petition, as well as any written communications 
concerning the petition, is available for review online at 
www.regulations.gov.
    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 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 at http://www.regulations.gov. Follow the online instructions for submitting 
comments.
    Communications received by April 28, 2023 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), the U.S. Department of Transportation (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/privacy-notice for the privacy notice of 
regulations.gov.

    Issued in Washington, DC.
John Karl Alexy,
Associate Administrator for Railroad Safety, Chief Safety Officer.
[FR Doc. 2023-03900 Filed 2-24-23; 8:45 am]
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