82_FR_24074 82 FR 23975 - Petition for Waiver of Compliance

82 FR 23975 - Petition for Waiver of Compliance

DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration

Federal Register Volume 82, Issue 99 (May 24, 2017)

Page Range23975-23975
FR Document2017-10644

Federal Register, Volume 82 Issue 99 (Wednesday, May 24, 2017) 
[Federal Register Volume 82, Number 99 (Wednesday, May 24, 2017)]
[Notices]
[Page 23975]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-10644]


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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket Number FRA-2017-0035]


Petition for Waiver of Compliance

    Under part 211 of Title 49 Code of Federal Regulations (CFR), this 
document provides the public notice that on April 26, 2016, Grenada 
Railroad, LLC (GRYR), the operator of trackage owned by North Central 
Mississippi Regional Railroad Authority (NCMRRA) requested that the 
Federal Railroad Administration (FRA) grant temporary relief from the 
requirements of 49 CFR 234.247, Purpose of inspections and tests; 
removal from service of relay or device failing to meet test 
requirements, to allow GRYR to operate over non-functioning highway-
rail grade crossings (HRGC) without making the inspections and tests 
required in 49 CFR 234.249 through 234.271. FRA assigned the petition 
Docket Number FRA-2017-0035.
    The reason for relief from the requirements is that prior to the 
purchase of the railroad by NCMRRA, the previous owner removed major 
components from the HRGC warning systems, bungalows, signals, and 
gates. As part of GRYR's commitment to provide rail services to those 
that require it, GRYR must access areas of the railroad previously 
deemed out of service. GRYR proposes to operate over affected HRGCs by 
the following alternative method:
     Making all movements over HRGC in daylight hours.
     Working with local authorities to obtain permission to 
close the roadway at a HRGC requiring occupation by a train.
     Stationing an employee at each crossing to provide warning 
to approaching highway traffic and communicate with motorists as 
needed.
    GRYR requests to use the proposed method of alternative protection 
on the GRYR Subdivision, between milepost (MP) 629 near Duck Hill, MS, 
and MP 686 south of Durant, MS, for a period not to extend beyond 
December 31, 2017. During this time period, GRYR plans to acquire and 
install the equipment necessary to bring the HRGC warning systems into 
compliance.
    A copy of the petition, as well as any written communications 
concerning the petition, is available for review online at 
www.regulations.gov and in person at the Department of Transportation's 
(DOT) Docket Operations Facility, 1200 New Jersey Avenue SE., W12-140, 
Washington, DC 20590. The Docket Operations Facility is open from 9 
a.m. to 5 p.m., Monday through Friday, except Federal Holidays.
    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 parties 
desire 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 and may be submitted by any of the following 
methods:
     Web site: http://www.regulations.gov. Follow the online 
instructions for submitting comments.
     Fax: 202-493-2251.
     Mail: Docket Operations Facility, U.S. Department of 
Transportation, 1200 New Jersey Avenue SE., W12-140, Washington, DC 
20590.
     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 by July 10, 2017 will be considered by FRA 
before final action is taken. Comments received after that date will be 
considered if practicable.
    Anyone can 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 document, if 
submitted on behalf of an association, business, labor union, etc.). In 
accordance with 5 U.S.C. 553(c), DOT solicits comments from the public 
to better inform its processes. DOT posts these comments, without edit, 
including any personal information the commenter provides, to 
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 also https://www.regulations.gov/privacyNotice for the 
privacy notice of regulations.gov.

Robert C. Lauby,
Associate Administrator for Safety, Chief Safety Officer.
[FR Doc. 2017-10644 Filed 5-23-17; 8:45 am]
BILLING CODE 4910-06-P

Federal Register / Vol. 82, No. 99 / Wednesday, May 24, 2017 / Notices 23975 According to Ellis, Ellis and BRRRA temporary relief from the requirements appropriate docket number and may be have reached an agreement whereby of 49 CFR 234.247, Purpose of submitted by any of the following Ellis will lease, operate, and maintain inspections and tests; removal from methods: the trackage, right-of-way, and real service of relay or device failing to meet • Web site: http:// property interests of the Line. test requirements, to allow GRYR to www.regulations.gov. Follow the online Ellis certifies that the projected operate over non-functioning highway- instructions for submitting comments. annual revenues as a result of this rail grade crossings (HRGC) without • Fax: 202–493–2251. transaction will not exceed $5 million making the inspections and tests • Mail: Docket Operations Facility, and will not result in its becoming a required in 49 CFR 234.249 through U.S. Department of Transportation, 1200 Class I or Class II rail carrier. Ellis states 234.271. FRA assigned the petition New Jersey Avenue SE., W12–140, that the proposed transaction does not Docket Number FRA–2017–0035. Washington, DC 20590. include any provision that may limit The reason for relief from the • Hand Delivery: 1200 New Jersey Ellis’ ability to interchange with a third- requirements is that prior to the Avenue SE., Room W12–140, party carrier. purchase of the railroad by NCMRRA, Washington, DC 20590, between 9 a.m. The proposed transaction may be the previous owner removed major and 5 p.m., Monday through Friday, consummated on or after June 7, 2017, components from the HRGC warning except Federal Holidays. systems, bungalows, signals, and gates. Communications received by July 10, the effective date of the exemption. As part of GRYR’s commitment to 2017 will be considered by FRA before If the verified notice contains false or provide rail services to those that final action is taken. Comments received misleading information, the exemption require it, GRYR must access areas of after that date will be considered if is void ab initio. Petitions to revoke the practicable. exemption under 49 U.S.C. 10502(d) the railroad previously deemed out of service. GRYR proposes to operate over Anyone can search the electronic may be filed at any time. The filing of form of any written communications a petition to revoke will not affected HRGCs by the following alternative method: and comments received into any of our automatically stay the effectiveness of dockets by the name of the individual the exemption. Petitions for stay must • Making all movements over HRGC in daylight hours. submitting the comment (or signing the be filed no later than May 31, 2017 (at document, if submitted on behalf of an least seven days before the exemption • Working with local authorities to obtain permission to close the roadway association, business, labor union, etc.). becomes effective). In accordance with 5 U.S.C. 553(c), DOT An original and 10 copies of all at a HRGC requiring occupation by a train. solicits comments from the public to pleadings, referring to Docket No. FD • Stationing an employee at each better inform its processes. DOT posts 36119, must be filed with the Surface these comments, without edit, including crossing to provide warning to Transportation Board, 395 E Street SW., any personal information the approaching highway traffic and Washington, DC 20423–0001. In commenter provides, to communicate with motorists as needed. addition, a copy of each pleading must GRYR requests to use the proposed www.regulations.gov, as described in be served on John E. Taylor, Taylor Law method of alternative protection on the the system of records notice (DOT/ALL– Firm, LLC, 4820 East 57th St., Suite B, GRYR Subdivision, between milepost 14 FDMS), which can be reviewed at Sioux Falls, SD 57108. (MP) 629 near Duck Hill, MS, and MP https://www.transportation.gov/privacy. Board decisions and notices are 686 south of Durant, MS, for a period See also https://www.regulations.gov/ available on our Web site at not to extend beyond December 31, privacyNotice for the privacy notice of ‘‘WWW.STB.GOV.’’ 2017. During this time period, GRYR regulations.gov. Decided: May 19, 2017. plans to acquire and install the Robert C. Lauby, By the Board, Rachel D. Campbell, equipment necessary to bring the HRGC Associate Administrator for Safety, Chief Director, Office of Proceedings. warning systems into compliance. Safety Officer. Jeffrey Herzig, A copy of the petition, as well as any [FR Doc. 2017–10644 Filed 5–23–17; 8:45 am] Clearance Clerk. written communications concerning the BILLING CODE 4910–06–P [FR Doc. 2017–10652 Filed 5–23–17; 8:45 am] petition, is available for review online at BILLING CODE 4915–01–P www.regulations.gov and in person at the Department of Transportation’s DEPARTMENT OF TRANSPORTATION (DOT) Docket Operations Facility, 1200 DEPARTMENT OF TRANSPORTATION New Jersey Avenue SE., W12–140, Federal Railroad Administration Washington, DC 20590. The Docket Operations Facility is open from 9 a.m. [Docket Number FRA–2016–0108] Federal Railroad Administration to 5 p.m., Monday through Friday, Petition for Waiver of Compliance [Docket Number FRA–2017–0035] except Federal Holidays. Interested parties are invited to Under part 211 of Title 49 Code of Petition for Waiver of Compliance participate in these proceedings by Federal Regulations (CFR), this Under part 211 of Title 49 Code of submitting written views, data, or document provides public notice that Federal Regulations (CFR), this comments. FRA does not anticipate on April 26, 2017, the Union Pacific document provides the public notice scheduling a public hearing in Railroad Company (UP) petitioned the connection with these proceedings since Federal Railroad Administration (FRA) asabaliauskas on DSK3SPTVN1PROD with NOTICES that on April 26, 2016, Grenada Railroad, LLC (GRYR), the operator of the facts do not appear to warrant a to modify an existing waiver of trackage owned by North Central hearing. If any interested parties desire compliance from certain provisions of Mississippi Regional Railroad Authority an opportunity for oral comment, they the Federal railroad safety regulations in (NCMRRA) requested that the Federal should notify FRA, in writing, before 49 CFR part 236. FRA assigned the Railroad Administration (FRA) grant the end of the comment period and petition docket number FRA–2016– specify the basis for their request. 0108. acquire a 7.6-mile line of railroad from E & ER All communications concerning these UP seeks a modification to its existing between Brandon, S.D., and Manley, Minn. proceedings should identify the waiver from compliance with cab signal VerDate Sep<11>2014 19:43 May 23, 2017 Jkt 241001 PO 00000 Frm 00204 Fmt 4703 Sfmt 4703 E:\FR\FM\24MYN1.SGM 24MYN1


Document Created: 2017-05-24 01:02:45
Document Modified: 2017-05-24 01:02:45
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
FR Citation82 FR 23975 
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