[Federal Register Volume 73, Number 174 (Monday, September 8, 2008)]
[Notices]
[Pages 52079-52080]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-20708]


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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 temporary waiver of compliance with 
certain requirements of its safety standards. The individual petition 
is described below, including the parties seeking relief, the 
regulatory provisions involved, the nature of the relief being 
requested, and the petitioner's arguments in favor of relief.

Norfolk Southern Railway

[Waiver Petition Docket Number FRA-2008-0083]

    The Norfolk Southern Railway (NS) has submitted a temporary waiver 
petition to support field testing of its processor-based train control 
system identified as NS Optimized Train Control (OTC) system, pursuant 
to 49 CFR 211.7 and 211.51.
    An informational filing, as required under 49 CFR Part 236, Subpart 
H, has also been prepared and submitted in conjunction with this waiver 
petition, and can be found in the same docket as this waiver petition.
    The NS OTC Positive Train Control (PTC) system is designed to 
assist train crews in situational awareness, prevent authority limit 
and over-speed violations, provide open switch protection in non-
signaled Track Warrant Control (TWC) territory, and to prevent equipped 
trains from entering the limits, without authorization, of on-track 
authority granted to employees.
    NS desires to commence field testing of the NS OTC PTC system on or 
after September 1, 2008, or as soon as practicable thereafter, 
contingent upon FRA's acceptance and approval of the informational 
filing and waiver petition. NS intends to test and develop the NS OTC 
PTC system on it's Charleston district between milepost SC7.0 
(Charleston Station) and milepost SC128.9 (Andrews Yard Station, as 
well as on it's Columbia district between milepost R0.0 Charlotte 
Junction station) and milepost R108.5 (Andrews Yard station). During 
this initial test phase, NS does not intend to activate the NS OTC PTC 
system's locomotive enforcement functionality.
    NS is seeking regulatory relief for development testing and 
demonstration purposes only. Specifically, NS is requesting regulatory 
relief from the following FRA requirements:
    49 CFR 216.13 (Special Notice for Repairs--Locomotive);
    49 CFR 217.9 (Program of Operational Tests and Inspections--
Recordkeeping);
    49 CFR 217.11 (Program of Instruction on Operating Rules--
Recordkeeping, Electronic Recordkeeping);
    49 CFR Part 218 [Subpart D] (Prohibition against tampering with 
safety devices);
    49 CFR 229.7 (Prohibited Acts);
    49 CFR 229.135 (Event Recorders);
    49 CFR 233.9 (Annual Reports);
    49 CFR 235.5 (Changes Requiring Filing of Application);
    49 CFR 240.127 (Criteria for Examining Skill Performance); and
    49 CFR 240.129 (Criteria for Monitoring Operational Performance of 
Certified Engineers).
    Interested parties are invited to participate in these proceedings 
by submitting written views, data, or comments. All communications 
concerning these proceedings should identify the appropriate docket 
number (Docket Number FRA-2008-0083) and may be submitted by one 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.
    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.
    Communications received within 30 days of the date of this notice 
will be considered by FRA before final action being taken. Comments 
received after this period 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 
DOT Docket Management Facility, 1200 New Jersey Avenue, SE., Room W12-
140, in Washington DC. All documents in the public docket are also 
available for inspection and copying on the internet 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 name of 
the individual submitting the

[[Page 52080]]

comment (or signing the comment, if submitted on behalf of an 
association, business, labor union, etc.). You may review the 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 September 3, 2008.
Grady C. Cothen, Jr.,
Deputy Associate Administrator for Safety Standards and Program 
Development.
[FR Doc. E8-20708 Filed 9-5-08; 8:45 am]
BILLING CODE 4910-06-P