04-26349. 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.

Applicant: Norfolk Southern Corporation, Mr. Brian L. Sykes, Chief Engineer, C&S Engineering, 99 Spring Street, SW., Atlanta, Georgia 30303.

Norfolk Southern Corporation seeks relief from the requirements of Part 236, Section 236.566, of the Rules, Standard and Instructions, to the extent that NS be permitted to operate non-equipped locomotives in automatic cab signal territory, on the single main track and controlled siding of the Morrisville Line, between CP-King, milepost MV-30.1, near Earnest, Pennsylvania, and CP-Plymouth, milepost MV-28.2, near Fort Hill, Pennsylvania, on the Harrisburg Division. The request is to permit two regularly scheduled local freight trains that originate at Abrams Yard, operations over the specified portion of the Morrisville Line in order to access the Dale Secondary, with train speed not to exceed “Restricted Speed.”

Applicant's justification for relief: To improve and increase efficiency of operations, by permitting the use of non-equipped locomotives in local freight service within the stated specified limits on the Morrisville Line, for the purpose of obtaining headroom to allow train operations from Abrams Yard to the Dale Secondary and vice versa.

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.

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 PL-401 (Plaza Level), 400 7th Street, SW., 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 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://dms.dot.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://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.

Issued in Washington, DC on November 22, 2004.

Grady C. Cothen, Jr.,

Acting Associate Administrator for Safety.