[Federal Register Volume 74, Number 154 (Wednesday, August 12, 2009)]
[Notices]
[Page 40637]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-19279]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration


Notice of Application for Approval of Discontinuance or 
Modification of a Railroad Signal System or Relief From the 
Requirements of Title 49 Code of Federal Regulations Part 236

    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.

[Docket Number FRA-2009-0069]

    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:
    <bullet> Web site: http://www.regulations.gov. Follow the 
instructions for submitting comments on the DOT electronic site;
    <bullet> Fax: 202-493-2251;
    <bullet> 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
    <bullet> 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