[Federal Register Volume 88, Number 38 (Monday, February 27, 2023)]
[Notices]
[Pages 12431-12432]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-03901]


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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket Number FRA-2017-0084]


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 December 28, 
2022, 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 214 (Railroad Workplace Safety). The relevant FRA Docket 
Number is FRA-2017-0084.
    Specifically, NS requests to extend its relief from Sec.  
214.336(c), On-track safety procedures for certain roadway work groups 
and adjacent tracks, as it pertains to procedures for adjacent 
controlled track movements at 25 miles per hour (mph) or less.
    NS indicates this request is specific to a unique working group, 
the R-3 Dual Rail Gang (R-3 Gang), and the relief would only apply to 
this group. This group is a system-level production gang comprised of 
78 employees and 40 roadway maintenance machines with the capability to 
remove both rails while simultaneously installing both new rails. NS 
seeks relief from the requirement of using the gauge position of the 
rail as the point for the plane that is not to be broken on the 
occupied track. Instead, NS seeks to use the removed rails of the 
occupied track as an envelope for on-ground work performed exclusively 
between these rails for the employees working in the R-3 Gang. NS 
asserts the R-3 Gang's work can be performed safely. Additionally, NS 
seeks relief from the requirement that on-ground work be performed 
exclusively between the rails

[[Page 12432]]

(i.e., not breaking the plane of the rails) of the occupied track. NS 
seeks to extend its relief to allow up to 4 on-ground employees (when 
working with one adjacent controlled track) and up to 8 on-ground 
employees (when working with two adjacent controlled tracks) of the R-3 
Gang to break the plane of the outside rail to perform minor work.
    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. 2023-03901 Filed 2-24-23; 8:45 am]
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