Norfolk Southern Railway's Request To Operate During a Temporary Outage of Its Positive Train Control System, 60531-60532 [2023-18996]

Download as PDF Federal Register / Vol. 88, No. 169 / Friday, September 1, 2023 / Notices 1966 [49 U.S.C. 303]; Landscaping and Scenic Enhancement (Wildflowers) [23 U.S.C. 319]. 4. Wildlife: Endangered Species Act [16 U.S.C. 1531–1544 and Section 1536], Marine Mammal Protection Act [16 U.S.C. 1361], Fish and Wildlife Coordination Act [16 U.S.C. 661– 667(d)], Migratory Bird Treaty Act [16 U.S.C. 703–712]. 5. Historic and Cultural Resources: Section 106 of the National Historic Preservation Act of 1966, as amended [54 U.S.C. 300101 et seq.]; Archeological Resources Protection Act of 1977 [16 U.S.C. 470(aa)–11]; Archeological and Historic Preservation Act [54 U.S.C. 312501 et seq.]; Native American Grave Protection and Repatriation Act (NAGPRA) [25 U.S.C. 3001–3013]. 6. Social and Economic: Civil Rights Act of 1964 [42 U.S.C. 2000(d)– 2000(d)(1)]; American Indian Religious Freedom Act [42 U.S.C. 1996]; Farmland Protection Policy Act (FPPA) [7 U.S.C. 4201–4209]. 7. 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Executive Orders: E.O. 11990 Protection of Wetlands; E.O. 11988 Floodplain Management; E.O. 12898 Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations; E.O. 11593 Protection and Enhancement of Cultural Resources; E.O. 13007 Indian Sacred Sites; E.O. 13287 Preserve America; E.O. 13175 Consultation and Coordination with Indian Tribal Governments; E.O. 11514 Protection and Enhancement of Environmental Quality; E.O. 13112 Invasive Species. lotter on DSK11XQN23PROD with NOTICES1 (Catalog of Federal Domestic Assistance Program Number 20.205, Highway Planning and Construction.) Authority: 23 U.S.C. 139(l)(1). DEPARTMENT OF TRANSPORTATION DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration Federal Railroad Administration [Docket No. FMCSA–2023–0153] Norfolk Southern Railway’s Request To Operate During a Temporary Outage of Its Positive Train Control System [Docket No. FRA–2010–0060] Agency Information Collection Activities; Renewal of an Approved Information Collection: Truck and Bus Maintenance Requirements and Their Impact on Safety Federal Motor Carrier Safety Administration (FMCSA), Department of Transportation (DOT). AGENCY: Notice and request for comments; correction. ACTION: In a notice published in the Federal Register on August 24, 2023, FMCSA announced its plan to submit the ‘‘Truck and Bus Maintenance Requirements and Their Impact on Safety’’ Information Collection Request (ICR) to the Office of Management and Budget (OMB) for review and approval and invited public comment. The notice incorrectly stated that comments must be received on or before September 1, 2023, which needs to be corrected to allow for a 60-day comment period. This notice makes that correction. SUMMARY: This correction is effective September 1, 2023. DATES: FOR FURTHER INFORMATION CONTACT: Mike Lukuc, Program Manager, Technology Division, DOT, FMCSA, West Building 6th Floor, 1200 New Jersey Avenue SE, Washington, DC 20590–0001; (202) 385–238; mike.lukuc@dot.gov. On August 24, 2023, FMCSA published a notice (88 FR 58057) inviting public comment on the ‘‘Truck and Bus Maintenance Requirements and Their Impact on Safety’’ ICR. The notice incorrectly listed September 1, 2023, as the date by which comments are due. Through this document FMCSA corrects that date to allow for a 60-day comment period. In FR Doc. 2023–18236, appearing on page 58057 in the Federal Register of August 24, 2023, the following corrections is made: 1. On page 58057, the comment period ‘‘September 1, 2023’’ is corrected to read ‘‘October 23, 2023’’. Issued under the authority of 49 CFR 1.87. SUPPLEMENTARY INFORMATION: Thomas P. Keane, Associate Administrator, Office of Research and Registration. [FR Doc. 2023–18407 Filed 8–31–23; 8:45 am] [FR Doc. 2023–18912 Filed 8–31–23; 8:45 am] BILLING CODE 4910–22–P BILLING CODE 4910–EX–P 17:24 Aug 31, 2023 Jkt 259001 PO 00000 Frm 00102 Fmt 4703 Sfmt 4703 Federal Railroad Administration (FRA), Department of Transportation (DOT). ACTION: Notice of availability, request for comments, and notice of planned decision. AGENCY: This document provides the public with notice that, on August 28, 2023, Norfolk Southern Railway (NS) submitted a request for amendment (RFA) to its FRA-certified positive train control (PTC) system. On August 28, 2023, NS experienced a system-wide outage of its PTC back office, temporarily impacting the operations of NS and its tenant railroads. NS is seeking FRA’s authorization under FRA’s PTC regulations to continue operations, with certain restrictions, while NS’s PTC system is temporarily disabled. SUMMARY: Michael T. Leary, Director, Planning and Program Development, Federal Highway Administration. VerDate Sep<11>2014 60531 FRA will review comments received by September 21, 2023. FRA may consider comments received after that date to the extent practicable. ADDRESSES: Comments: Comments may be submitted by going to https:// www.regulations.gov and following the online instructions for submitting comments. Instructions: All submissions must include the agency name and the applicable docket number. The relevant PTC docket number for this host railroad is Docket No. FRA–2010–0060. For convenience, all active PTC dockets are hyperlinked on FRA’s website at https://railroads.dot.gov/train-control/ ptc/ptc-annual-and-quarterly-reports. All comments received will be posted without change to https:// www.regulations.gov; this includes any personal information. FOR FURTHER INFORMATION CONTACT: Gabe Neal, Staff Director, Signal, Train Control, and Crossings Division, telephone: 816–516–7168, email: Gabe.Neal@dot.gov. SUPPLEMENTARY INFORMATION: In general, Title 49 United States Code (U.S.C.) Section 20157(h) requires FRA to certify that a host railroad’s PTC system complies with Title 49 Code of Federal Regulations (CFR) part 236, subpart I, before the technology may be operated in revenue service. Before making DATES: E:\FR\FM\01SEN1.SGM 01SEN1 60532 Federal Register / Vol. 88, No. 169 / Friday, September 1, 2023 / Notices certain changes to an FRA-certified PTC system or the associated FRA-approved PTC Safety Plan or disabling the PTC system, a host railroad must submit, and obtain FRA’s approval of, an RFA under 49 CFR 236.1021. Under 49 CFR 236.1021(e), FRA’s regulations provide that FRA will publish a notice in the Federal Register and invite public comment in accordance with 49 CFR part 211, if an RFA includes a request for approval of a material modification or discontinuance of a signal or train control system. Accordingly, this notice informs the public that, on August 28, 2023, NS submitted an RFA to its PTC system under 49 CFR 236.1021(m), and that RFA is available in Docket No. FRA–2010–0060. Interested parties are invited to comment on NS’s RFA by submitting written comments or data. FRA typically invites the public to comment on such RFAs for a period of 20 days, as FRA must issue a decision to the railroad within 45 days of receipt of the RFA. 49 CFR 236.1021(e), (m)(3)(i). However, FRA’s PTC regulations, at § 236.1021(m)(3)(ii), recognize that FRA may issue a decision before the standard 45-day decision deadline in emergencies or under other circumstances necessitating immediate approval. Given the circumstances and impact to NS’s entire network, FRA intends to issue a decision immediately, subject to conditions and other limitation to ensure rail safety. FRA will review and consider any comments received during the comment period, even after issuing a decision. lotter on DSK11XQN23PROD with NOTICES1 Privacy Act Notice In accordance with 49 CFR 211.3, FRA solicits comments from the public to better inform its decisions. DOT posts these comments, without edit, including any personal information the commenter provides, to https:// 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 https://www.regulations.gov/ privacy-notice for the privacy notice of regulations.gov. To facilitate comment tracking, we encourage commenters to provide their name, or the name of their organization; however, submission of names is completely optional. If you wish to provide comments containing proprietary or confidential information, please contact FRA for alternate submission instructions. VerDate Sep<11>2014 17:24 Aug 31, 2023 Jkt 259001 Issued in Washington, DC Carolyn R. Hayward-Williams, Director, Office of Railroad Systems and Technology. [FR Doc. 2023–18996 Filed 8–31–23; 8:45 am] BILLING CODE 4910–06–P DEPARTMENT OF TRANSPORTATION Maritime Administration U.S. Maritime Transportation System National Advisory Committee; Notice of Public Meeting Maritime Administration, Department of Transportation. ACTION: Notice. AGENCY: The Maritime Administration (MARAD) announces a public meeting of the U.S. Maritime Transportation System National Advisory Committee (MTSNAC) to develop and discuss advice and recommendations for the U.S. Department of Transportation on issues related to the marine transportation system. DATES: The meeting will be held on Wednesday, September 20, 2023, from 9:00 a.m. to 4:30 p.m. and Thursday, September 21, 2023, from 9:00 a.m. to 4:30 p.m. Eastern Daylight Time (EDT). Requests to attend the meeting must be received by 5:00 p.m. EDT on the prior week, Monday, September 11, 2023, to facilitate entry. Requests for accommodations for a disability must be received by the day before the meeting, Tuesday, September 19, 2023. Those requesting to speak during the public comment period of the meeting must submit a written copy of their remarks to DOT no later than by the prior week, Monday, September 11, 2023. Requests to submit written materials for review during the meeting must also be received by the prior week, Monday, September 11, 2023. ADDRESSES: The meeting will be held at the DOT Conference Center at 1200 New Jersey Ave. SE, Washington, DC 20590. Any Committee related request should be sent to the person listed in the following section. FOR FURTHER INFORMATION CONTACT: Capt. Jeffrey Flumignan, Designated Federal Officer, at MTSNAC@dot.gov or (347) 491–2349. Maritime Transportation System National Advisory Committee, 1200 New Jersey Avenue SE W21–307, Washington, DC 20590. Please visit the MTSNAC website at https:// www.maritime.dot.gov/outreach/ maritime-transportation-system-mts/ maritime-transportation-systemnational-advisory-0. SUMMARY: PO 00000 Frm 00103 Fmt 4703 Sfmt 4703 SUPPLEMENTARY INFORMATION: I. Background The MTSNAC is a Federal advisory committee that advises the U.S. Secretary of Transportation through the Maritime Administrator on issues related to the maritime transportation system. The MTSNAC was established in 1999 and mandated in 2007 by the Energy Independence and Security Act of 2007 (Pub. L. 110–140). The MTSNAC is codified at 46 U.S.C. 50402 and operates in accordance with the provisions of the Federal Advisory Committee Act. II. Agenda The agenda will include (1) welcome, opening remarks, and introductions; (2) administrative items; (3) subcommittee break-out sessions; (4) updates to the Committee on the subcommittee work; (5) public comments; (6) discussions relevant to formulate recommendations; and (7) presentation of recommendations. A final agenda will be posted on the MTSNAC internet website at https:// www.maritime.dot.gov/outreach/ maritime-transportation-system-mts/ maritime-transportation-systemnational-advisory-0 at least one week in advance of the meeting. III. Public Participation The meeting will be open to the public. Members of the public who wish to attend in person must RSVP to the person listed in the FOR FURTHER INFORMATION CONTACT section with your name and affiliation. Seating will be limited and available on a first-comefirst-serve basis. Services for Individuals with Disabilities: The public meeting is physically accessible to people with disabilities. The U.S. Department of Transportation is committed to providing all participants equal access to this meeting. If you need alternative formats or services because of a disability, such as sign language, interpretation, or other ancillary aids, please contact the person listed in the FOR FURTHER INFORMATION CONTACT section. Public Comments: A public comment period will commence at approximately 11:45 a.m. EST on September 20, 2023, and again on September 21, 2023, at the same time. To provide time for as many people to speak as possible, speaking time for each individual will be limited to three minutes. Members of the public who would like to speak are asked to contact the person listed in the FOR FURTHER INFORMATION CONTACT section. Commenters will be placed on the E:\FR\FM\01SEN1.SGM 01SEN1

Agencies

[Federal Register Volume 88, Number 169 (Friday, September 1, 2023)]
[Notices]
[Pages 60531-60532]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-18996]


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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket No. FRA-2010-0060]


Norfolk Southern Railway's Request To Operate During a Temporary 
Outage of Its Positive Train Control System

AGENCY: Federal Railroad Administration (FRA), Department of 
Transportation (DOT).

ACTION: Notice of availability, request for comments, and notice of 
planned decision.

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

SUMMARY: This document provides the public with notice that, on August 
28, 2023, Norfolk Southern Railway (NS) submitted a request for 
amendment (RFA) to its FRA-certified positive train control (PTC) 
system. On August 28, 2023, NS experienced a system-wide outage of its 
PTC back office, temporarily impacting the operations of NS and its 
tenant railroads. NS is seeking FRA's authorization under FRA's PTC 
regulations to continue operations, with certain restrictions, while 
NS's PTC system is temporarily disabled.

DATES: FRA will review comments received by September 21, 2023. FRA may 
consider comments received after that date to the extent practicable.

ADDRESSES: 
    Comments: Comments may be submitted by going to https://www.regulations.gov and following the online instructions for 
submitting comments.
    Instructions: All submissions must include the agency name and the 
applicable docket number. The relevant PTC docket number for this host 
railroad is Docket No. FRA-2010-0060. For convenience, all active PTC 
dockets are hyperlinked on FRA's website at https://railroads.dot.gov/train-control/ptc/ptc-annual-and-quarterly-reports. All comments 
received will be posted without change to https://www.regulations.gov; 
this includes any personal information.

FOR FURTHER INFORMATION CONTACT: Gabe Neal, Staff Director, Signal, 
Train Control, and Crossings Division, telephone: 816-516-7168, email: 
[email protected].

SUPPLEMENTARY INFORMATION: In general, Title 49 United States Code 
(U.S.C.) Section 20157(h) requires FRA to certify that a host 
railroad's PTC system complies with Title 49 Code of Federal 
Regulations (CFR) part 236, subpart I, before the technology may be 
operated in revenue service. Before making

[[Page 60532]]

certain changes to an FRA-certified PTC system or the associated FRA-
approved PTC Safety Plan or disabling the PTC system, a host railroad 
must submit, and obtain FRA's approval of, an RFA under 49 CFR 
236.1021.
    Under 49 CFR 236.1021(e), FRA's regulations provide that FRA will 
publish a notice in the Federal Register and invite public comment in 
accordance with 49 CFR part 211, if an RFA includes a request for 
approval of a material modification or discontinuance of a signal or 
train control system. Accordingly, this notice informs the public that, 
on August 28, 2023, NS submitted an RFA to its PTC system under 49 CFR 
236.1021(m), and that RFA is available in Docket No. FRA-2010-0060. 
Interested parties are invited to comment on NS's RFA by submitting 
written comments or data.
    FRA typically invites the public to comment on such RFAs for a 
period of 20 days, as FRA must issue a decision to the railroad within 
45 days of receipt of the RFA. 49 CFR 236.1021(e), (m)(3)(i). However, 
FRA's PTC regulations, at Sec.  236.1021(m)(3)(ii), recognize that FRA 
may issue a decision before the standard 45-day decision deadline in 
emergencies or under other circumstances necessitating immediate 
approval. Given the circumstances and impact to NS's entire network, 
FRA intends to issue a decision immediately, subject to conditions and 
other limitation to ensure rail safety. FRA will review and consider 
any comments received during the comment period, even after issuing a 
decision.

Privacy Act Notice

    In accordance with 49 CFR 211.3, FRA solicits comments from the 
public to better inform its decisions. DOT posts these comments, 
without edit, including any personal information the commenter 
provides, to https://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 https://www.regulations.gov/privacy-notice for the privacy notice of regulations.gov. To facilitate 
comment tracking, we encourage commenters to provide their name, or the 
name of their organization; however, submission of names is completely 
optional. If you wish to provide comments containing proprietary or 
confidential information, please contact FRA for alternate submission 
instructions.

    Issued in Washington, DC
Carolyn R. Hayward-Williams,
Director, Office of Railroad Systems and Technology.
[FR Doc. 2023-18996 Filed 8-31-23; 8:45 am]
BILLING CODE 4910-06-P

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