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###### Department of Transportation

###### Federal Railroad Administration

          - [Docket Number FRA-2009-0069]

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.

*Applicant:*                     Norfolk Southern Corporation, Mr. B. T. Fennell, Division Superintendent, Harrisburg Division, 4600 Deer Path Road, Harrisburg, Pennsylvania 17111.                

The Norfolk Southern Corporation (NS) requests a waiver from the requirements of 49 CFR 236.566; Locomotive of each train operating in train stop, train control, or cab signal territory; equipped.

The request is to permit NS to use non-equipped, remote-controlled locomotives to operate as controlling units on the NS Morrisville Line, in 261-CSS territory, between CP-MA, Milepost (MP) MV 4.7 and CP-Lang, MP MV 6.3.

The reason given for the proposed waiver is to provide head room out of the Morrisville Yard for remotely operated non-equipped locomotives onto the Main Track and Signaled Siding for switching operations. It is limited to switching movements West of CP-MA into equipped territory and reversing back into Morrisville Yard.

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.

All communications concerning this proceeding should be identified by Docket Number FRA-2009-0069 and may be submitted by one of the following methods:
    -  Web site: http://www.regulations.gov.                      Follow the instructions for submitting comments on the DOT electronic site;                
    -  Fax:                      202-493-2251;                
    -  Mail:                      Docket Management Facility, U.S. Department of Transportation, 1200 New Jersey Avenue SE., West Building Ground Floor, Room W12-140, Washington, DC 20590; or                
    -  Hand Delivery:                      Room W12-140 of the U.S. Department of Transportation West Building Ground Floor, 1200 New Jersey Avenue, SE., Washington, DC, 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.*

                    FRA wishes to inform all potential commenters that anyone is able to search the electronic form of all 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) or you may visit                     *http://www.regulations.gov.*

Issued in Washington, DC on August 6, 2009.

Grady C. Cothen, Jr.,

Deputy Associate Administrator for Safety Standards and Program Development.

[FR Doc. E9-19279 Filed 8-11-09; 8:45 am]

BILLING CODE 4910-06-P