[Federal Register Volume 73, Number 149 (Friday, August 1, 2008)]
[Notices]
[Page 45097]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-17707]


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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration


Petition for Waiver of Compliance

    In accordance with Part 211 of Title 49 Code of Federal Regulations 
(CFR), notice is hereby given that the Federal Railroad Administration 
(FRA) received a request for a waiver of compliance from certain 
requirements of its safety standards. The individual petition is 
described below, including the party seeking relief, the regulatory 
provisions involved, the nature of the relief being requested, and the 
petitioner's arguments in favor of relief.

Norfolk Southern Corporation

[Docket Number FRA-2008-0077]

    The Norfolk Southern Corporation (NS) seeks a waiver of compliance 
from certain provisions of 49 CFR Part 232, Brake System Safety 
Standards for Freight and Other Non-Passenger Trains and Equipment. 
Specifically, NS is requesting a waiver to increase the 4-hour off-air 
requirement, as prescribed in 49 CFR 232.205(a)(3), to 24 hours at 
certain locations on NS's Pocahontas Division in West Virginia.
    NS has approximately 12 locations where they will park a train of 
approximately 100 cars that have received a Class I brake test. The 
locomotives will cut away from the cars and leave them in the siding 
without any means to maintain air. These cars will remain in the siding 
until another train arrives and attaches to the cars that have been 
left in the siding. Because these cars have been off-air for more than 
4 hours (sometimes as much as 24 hours) Sec.  205(a)(3) requires that 
they be given another Class I brake test, although they have only 
travelled a distance of approximately 150 miles. NS feels that these 
tests are unnecessary and subject their employees to performing these 
tests in less than desirable walking conditions. NS has tried to leave 
a locomotive attached to the cars in the siding to maintain air 
pressure. However, NS states that this is not cost effective, since the 
locomotive may be required to idle for 24 hours at a cost of $57 an 
hour, in addition to the system average of $750 per day for the 
locomotive out of service cost. The addition of yard air sources has 
been considered, but due to the geographic location and lack of 
available electrical power, the installation cost is estimated at 
$707,397.
    NS does not feel that safety will be compromised as a Class III 
brake test would be performed on the blocks left in the siding when 
added to trains. To date, NS states that there is no evidence of 
vandalism at any of the locations where they would invoke this waiver.
    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, 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 (e.g., Waiver Petition Docket Number FRA-
2008-0077) and may be submitted by any of the following methods:
    <bullet> Web site: http://www.regulations.gov. Follow the online 
instructions for submitting comments.
    <bullet> Fax: 202-493-2251.
    <bullet> Mail: Docket Operations Facility, U.S. Department of 
Transportation, 1200 New Jersey Avenue, SE., W12-140, Washington, DC 
20590.
    <bullet> Hand Delivery: 1200 New Jersey Avenue, SE., Room W12-140, 
Washington, DC 20590, 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.
    Anyone is able to 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 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).

    Issued in Washington, DC on July 29, 2008.
Grady C. Cothen, Jr.,
Deputy Associate Administrator for Safety Standards and Program 
Development.
[FR Doc. E8-17707 Filed 7-31-08; 8:45 am]
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