Notice of Application for Approval of Discontinuance or Modification of a Railroad Signal System or Relief From Requirements

Pursuant to Title 49 Code of Federal Regulations (CFR) part 235 and 49 U.S.C. 20502(a), the following railroads have 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 No. FRA-2002-11633]

Applicant: Norfolk Southern Corporation, Mr. G. A. Thelen, Assistant Vice President—Mechanical, 185 Spring Street, SW., Atlanta, Georgia 30303-3703.

The Norfolk Southern Railway Company (NS) seeks relief from the requirements of the Rules, Standards and Instructions, Title 49 CFR, part 236, section 236.586, “Daily or after trip test” in its entirety for locomotives equipped with Ultra Cab equipment, including the associated record keeping requirements of the 236.586 test contained in Section 236.110.

Applicant's justification for relief: NS believes that a “proper visual inspection” is redundant to inspections already being performed, and a second identical inspection should not be necessary solely for the purpose of complying with § 236.586 when UltraCab equipment is involved. Therefore, NS contends that the cab signal equipment (including the receiver bars) already receives a visual inspection each day, as well as an electronic inspection each time prior to entering cab signal territory.

Any interested party desiring to protest the granting of an application shall set forth specifically the grounds upon which the protest is made, and contain 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.

All communications concerning this proceeding should be identified by the docket number and must be submitted to the Docket Clerk, DOT Central Docket Management Facility, Room PI-401, Washington, DC 20590-0001. Communications received within 45 days of the date of this notice will be considered by the 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 (9:00 a.m.-5:00 p.m.) at DOT Central Docket Management Facility, Room PI-401 (Plaza Level), 400 Seventh Street, SW., Washington, DC 20590-0001. 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://dms.dot.gov.

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.