[Federal Register Volume 89, Number 196 (Wednesday, October 9, 2024)]
[Notices]
[Pages 81986-81987]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-23334]


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

DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket Number FRA-2019-0089]


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 on August 16, 2024, and August 
27, 2024, Norfolk Southern Corporation's

[[Page 81987]]

operating subsidiary, Norfolk Southern Railway Company (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 Docket Number is 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 
continued relief to permit these maintenance-of-way (MW) cars (CR 
58535, NS 980011, and NS 986906) \1\ to remain in service with their 
current hand brake arrangement and without the additional handhold 
outlined in MP&E 98-69.
---------------------------------------------------------------------------

    \1\ Since the original waiver was approved, NS stated that 5 of 
the railcars have been retired and dismantled, and a sixth railcar 
from the original waiver is set to be retired and dismantled this 
year.
---------------------------------------------------------------------------

    NS indicated it will not operate the hand brake on these MW cars 
while the cars are in motion and has added stenciling on the cars 
reading ``DO NOT OPERATE HAND BRAKE WHILE CAR IS IN MOTION.'' 
Additionally, a handling message is added on the NS Internal Alert 
System to notify employees of the above directive.
    NS stated that there have been ``no safety incidents involving this 
equipment'' since the waiver was last granted. In support of the 
petition, NS explained that the cars remining in service with their 
current hand brake arrangement reduces the number of switching events 
that would be required to repair the added handholds. This, in turn, 
reduces the risk of injury and derailment.
    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 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 at www.regulations.gov. 
Follow the online instructions for submitting comments.
    Communications received by December 9, 2024 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 the U.S. Department of 
Transportation's (DOT) 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/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. 2024-23334 Filed 10-8-24; 8:45 am]
BILLING CODE 4910-06-P