82_FR_39806 82 FR 39646 - Notice of Application for Approval To Discontinue or Modify a Railroad Signal System

82 FR 39646 - Notice of Application for Approval To Discontinue or Modify a Railroad Signal System

DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration

Federal Register Volume 82, Issue 160 (August 21, 2017)

Page Range39646-39647
FR Document2017-17586

Federal Register, Volume 82 Issue 160 (Monday, August 21, 2017)
[Federal Register Volume 82, Number 160 (Monday, August 21, 2017)]
[Notices]
[Pages 39646-39647]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-17586]


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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket Number FRA-2016-0116]


Notice of Application for Approval To Discontinue or Modify a 
Railroad Signal System

    Under part 235 of Title 49 of the Code of Federal Regulations (CFR) 
and 49 U.S.C. 20502(a), this document provides the public notice that 
on July 21, 2017, CSX Transportation, Inc. (CSXT) petitioned the 
Federal Railroad Administration (FRA) requesting reconsideration of a 
prior FRA decision granting conditional relief from certain provisions 
of 49 CFR part 236. FRA assigned the petition Docket Number FRA-2016-
0116.
    In a May 30, 2017 decision, the FRA's Railroad Safety Board (Board) 
conditionally approved CSXT's petition for a waiver of compliance from 
49 CFR 236.60, Switch Shunting Circuit; Use Restricted. The Board 
stated in its decision the single condition of this relief was that it 
did not apply in Positive Train Control (PTC) territory or on tracks 
leading to PTC territory. CSXT states the May 30th decision did not 
provide an explanation why this condition was included.
    As CSXT explains in its request for reconsideration, under the 
requirements of the Rail Safety Improvement Act of 2008 (Pub. L. 110-
432, Oct. 16, 2008), and the Positive Train Control Enforcement and 
Implementation Act of 2015 (Pub. L. 114-73, 129 Stat. 576, 582, Oct. 
29, 2015), all required PTC hardware must be installed on or before 
December 31, 2018. CSXT has determined that, to date, there are 
approximately 250 switches utilizing shunt only protection on 
subdivisions where PTC has been installed or must be installed by 
December 31, 2018. CSXT states that excluding all PTC territory and 
tracks leading to PTC territory from the waiver would require it to 
modify these 250 switches by adding track circuit breaks to each 
location on or before December 31, 2018. CSXT asserts that while it 
remains on track to meet its PTC hardware installation requirement, 
also requiring these shunt-only protected switches to be modified puts 
CSXT's ability to meet this deadline into serious jeopardy, because it 
would add a significant amount of unplanned work to Engineering 
Department employees.
    As an alternative to this requirement to modify shunt only 
protected switches in PTC territory, CSXT requests that the Board 
modify the waiver to allow CSXT to grandfather the current 250 shunt-
only protected switches located in PTC territory or on tracks leading 
to PTC territory into this waiver.
    A copy of the petition, as well as any written communications 
concerning the petition, is available for review online at 
www.regulatons.gov and in person at the U.S. Department of 
Transportation's 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 October 5, 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.). 
Under 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

[[Page 39647]]

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.

    Issued in Washington, DC, on August 14, 2017.
John Karl Alexy,
Director, Office of Safety Analysis.
[FR Doc. 2017-17586 Filed 8-18-17; 8:45 am]
 BILLING CODE 4910-06-P



                                                    39646                        Federal Register / Vol. 82, No. 160 / Monday, August 21, 2017 / Notices

                                                    Appendix B, § 232.17(b)(2) with no                        Issued in Washington, DC on August 11,              because it would add a significant
                                                    decrease to public safety.                              2017.                                                 amount of unplanned work to
                                                       A copy of the petition, as well as any               John Karl Alexy,                                      Engineering Department employees.
                                                    written communications concerning the                   Director, Office of Safety Analysis.                     As an alternative to this requirement
                                                    petition, is available for review online at             [FR Doc. 2017–17585 Filed 8–18–17; 8:45 am]           to modify shunt only protected switches
                                                    www.regulations.gov and in person at                    BILLING CODE 4910–06–P                                in PTC territory, CSXT requests that the
                                                    the Department of Transportation’s                                                                            Board modify the waiver to allow CSXT
                                                    Docket Operations Facility, 1200 New                                                                          to grandfather the current 250 shunt-
                                                    Jersey Ave. SE., W12–140, Washington,                   DEPARTMENT OF TRANSPORTATION                          only protected switches located in PTC
                                                    DC 20590. The Docket Operations                                                                               territory or on tracks leading to PTC
                                                    Facility is open from 9 a.m. to 5 p.m.,                 Federal Railroad Administration                       territory into this waiver.
                                                    Monday through Friday, except Federal                   [Docket Number FRA–2016–0116]                            A copy of the petition, as well as any
                                                    holidays.                                                                                                     written communications concerning the
                                                       Interested parties are invited to                    Notice of Application for Approval To                 petition, is available for review online at
                                                    participate in these proceedings by                     Discontinue or Modify a Railroad                      www.regulatons.gov and in person at the
                                                    submitting written views, data, or                      Signal System                                         U.S. Department of Transportation’s
                                                    comments. FRA does not anticipate                                                                             Docket Operations Facility, 1200 New
                                                                                                               Under part 235 of Title 49 of the Code             Jersey Avenue SE., W12–140,
                                                    scheduling a public hearing in                          of Federal Regulations (CFR) and 49
                                                    connection with these proceedings since                                                                       Washington, DC 20590. The Docket
                                                                                                            U.S.C. 20502(a), this document provides               Operations Facility is open from 9 a.m.
                                                    the facts do not appear to warrant a                    the public notice that on July 21, 2017,
                                                    hearing. If any interested parties desire                                                                     to 5 p.m., Monday through Friday,
                                                                                                            CSX Transportation, Inc. (CSXT)                       except Federal holidays.
                                                    an opportunity for oral comment, they                   petitioned the Federal Railroad
                                                    should notify FRA, in writing, before                                                                            Interested parties are invited to
                                                                                                            Administration (FRA) requesting                       participate in these proceedings by
                                                    the end of the comment period and                       reconsideration of a prior FRA decision
                                                    specify the basis for their request.                                                                          submitting written views, data, or
                                                                                                            granting conditional relief from certain              comments. FRA does not anticipate
                                                       All communications concerning these                  provisions of 49 CFR part 236. FRA
                                                    proceedings should identify the                                                                               scheduling a public hearing in
                                                                                                            assigned the petition Docket Number                   connection with these proceedings since
                                                    appropriate docket number and may be                    FRA–2016–0116.
                                                    submitted by any of the following                                                                             the facts do not appear to warrant a
                                                                                                               In a May 30, 2017 decision, the FRA’s
                                                    methods:                                                                                                      hearing. If any interested parties desire
                                                                                                            Railroad Safety Board (Board)
                                                       • Web site: http://                                                                                        an opportunity for oral comment, they
                                                                                                            conditionally approved CSXT’s petition
                                                    www.regulations.gov. Follow the online                                                                        should notify FRA, in writing, before
                                                                                                            for a waiver of compliance from 49 CFR
                                                    instructions for submitting comments.                                                                         the end of the comment period and
                                                                                                            236.60, Switch Shunting Circuit; Use
                                                       • Fax: 202–493–2251.                                                                                       specify the basis for their request.
                                                                                                            Restricted. The Board stated in its                      All communications concerning these
                                                       • Mail: Docket Operations Facility,                  decision the single condition of this                 proceedings should identify the
                                                    U.S. Department of Transportation, 1200                 relief was that it did not apply in                   appropriate docket number and may be
                                                    New Jersey Avenue SE., W12–140,                         Positive Train Control (PTC) territory or             submitted by any of the following
                                                    Washington, DC 20590.                                   on tracks leading to PTC territory. CSXT              methods:
                                                       • Hand Delivery: 1200 New Jersey                     states the May 30th decision did not                     • Web site: http://
                                                    Avenue SE., Room W12–140,                               provide an explanation why this                       www.regulations.gov. Follow the online
                                                    Washington, DC 20590, between 9 a.m.                    condition was included.                               instructions for submitting comments.
                                                    and 5 p.m., Monday through Friday,                         As CSXT explains in its request for                   • Fax: 202–493–2251.
                                                    except Federal holidays.                                reconsideration, under the requirements                  • Mail: Docket Operations Facility,
                                                       Communications received by October                   of the Rail Safety Improvement Act of                 U.S. Department of Transportation, 1200
                                                    5, 2017 will be considered by FRA                       2008 (Pub. L. 110–432, Oct. 16, 2008),                New Jersey Avenue SE., W12–140,
                                                    before final action is taken. Comments                  and the Positive Train Control                        Washington, DC 20590.
                                                    received after that date will be                        Enforcement and Implementation Act of                    • Hand Delivery: 1200 New Jersey
                                                    considered if practicable.                              2015 (Pub. L. 114–73, 129 Stat. 576, 582,             Avenue SE., Room W12–140,
                                                       Anyone can search the electronic                     Oct. 29, 2015), all required PTC                      Washington, DC 20590, between 9 a.m.
                                                    form of any written communications                      hardware must be installed on or before               and 5 p.m., Monday through Friday,
                                                    and comments received into any of our                   December 31, 2018. CSXT has                           except Federal holidays.
                                                    dockets by the name of the individual                   determined that, to date, there are                      Communications received by October
                                                    submitting the comment (or signing the                  approximately 250 switches utilizing                  5, 2017 will be considered by FRA
                                                    document, if submitted on behalf of an                  shunt only protection on subdivisions                 before final action is taken. Comments
                                                    association, business, labor union, etc.).              where PTC has been installed or must                  received after that date will be
                                                    Under 5 U.S.C. 553(c), DOT solicits                     be installed by December 31, 2018.                    considered if practicable.
                                                    comments from the public to better                      CSXT states that excluding all PTC                       Anyone can search the electronic
                                                    inform its processes. DOT posts these                   territory and tracks leading to PTC                   form of any written communications
                                                    comments, without edit, including any                   territory from the waiver would require               and comments received into any of our
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                                                    personal information the commenter                      it to modify these 250 switches by                    dockets by the name of the individual
                                                    provides, to www.regulations.gov, as                    adding track circuit breaks to each                   submitting the comment (or signing the
                                                    described in the system of records                      location on or before December 31,                    document, if submitted on behalf of an
                                                    notice (DOT/ALL–14 FDMS), which can                     2018. CSXT asserts that while it remains              association, business, labor union, etc.).
                                                    be reviewed at https://                                 on track to meet its PTC hardware                     Under 5 U.S.C. 553(c), DOT solicits
                                                    www.transportation.gov/privacy. See                     installation requirement, also requiring              comments from the public to better
                                                    also https://www.regulations.gov/                       these shunt-only protected switches to                inform its processes. DOT posts these
                                                    privacyNotice for the privacy notice of                 be modified puts CSXT’s ability to meet               comments, without edit, including any
                                                    regulations.gov.                                        this deadline into serious jeopardy,                  personal information the commenter


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                                                                                 Federal Register / Vol. 82, No. 160 / Monday, August 21, 2017 / Notices                                                  39647

                                                    provides, to www.regulations.gov, as                    Environmental Policy Act (NEPA) and                   existing left turns (but including new U-
                                                    described in the system of records                      in other documents in the FTA                         turn locations for access to local
                                                    notice (DOT/ALL–14 FDMS), which can                     administrative record for the projects.               businesses and destinations); and
                                                    be reviewed at https://www.                             Interested parties may contact either the             limited expansion of existing corridor
                                                    transportation.gov/privacy. See also                    project sponsor or the FTA Regional                   right of way (ROW) along College
                                                    https://www.regulations.gov/privacy                     Office for more information. Contact                  Avenue and Meridian Street. Final
                                                    Notice for the privacy notice of                        information for FTA’s Regional Offices                agency actions: Section 4(f) de minimis
                                                    regulations.gov.                                        may be found at https://                              impact determination, a Section 106
                                                      Issued in Washington, DC, on August 14,               www.fta.dot.gov.                                      Memorandum of Agreement dated
                                                    2017.                                                      This notice applies to all FTA                     December 6, 2016, project-level air
                                                                                                            decisions on the listed projects as of the            quality conformity, and a determination
                                                    John Karl Alexy,
                                                                                                            issuance date of this notice and all laws             of the applicability of a Documented
                                                    Director, Office of Safety Analysis.
                                                                                                            under which such actions were taken,                  Categorical Exclusion pursuant to 23
                                                    [FR Doc. 2017–17586 Filed 8–18–17; 8:45 am]             including, but not limited to, NEPA [42               CFR 771.118(d) dated October 19, 2016.
                                                    BILLING CODE 4910–06–P                                  U.S.C. 4321–4375], Section 4(f) of the                Supporting documentation:
                                                                                                            Department of Transportation Act of                   Documented Categorical Exclusion
                                                                                                            1966 [49 U.S.C. 303], Section 106 of the              checklist and supporting materials
                                                    DEPARTMENT OF TRANSPORTATION                            National Historic Preservation Act [16                dated September, 2016.
                                                                                                            U.S.C. 470f], and the Clean Air Act [42
                                                    Federal Transit Administration                                                                                Lucy Garliauskas,
                                                                                                            U.S.C. 7401–7671q]. This notice does
                                                                                                            not, however, alter or extend the                     Associate Administrator Planning and
                                                    Limitation on Claims Against Proposed
                                                                                                            limitation period for challenges of                   Environment.
                                                    Public Transportation Projects
                                                                                                            project decisions subject to previous                 [FR Doc. 2017–17539 Filed 8–18–17; 8:45 am]
                                                    AGENCY: Federal Transit Administration                  notices published in the Federal                      BILLING CODE P
                                                    (FTA), DOT.                                             Register. The projects and actions that
                                                    ACTION: Notice.                                         are the subject of this notice follow:
                                                                                                               1. Project name and location: Walk                 DEPARTMENT OF TRANSPORTATION
                                                    SUMMARY:   This notice announces final                  Bridge Replacement Project, Norwalk,
                                                    environmental actions taken by the                      Connecticut. Project sponsor:                         Maritime Administration
                                                    Federal Transit Administration (FTA)                    Connecticut Department of                             [Docket No. MARAD–2017–0148]
                                                    for projects in Norwalk, Connecticut                    Transportation (CTDOT). Project
                                                    and Indianapolis, Indiana. The purpose                  description: The project consists of                  Requested Administrative Waiver of
                                                    of this notice is to announce publicly                  removing the existing railroad bridge                 the Coastwise Trade Laws: Vessel
                                                    the environmental decisions by FTA on                   structure and replacing it with two side-             REFLECTION; Invitation for Public
                                                    the subject projects and to activate the                by-side 240-foot open-deck through                    Comments
                                                    limitation on any claims that may                       truss vertical lift spans across the
                                                    challenge these final environmental                     Norwalk River. Each would have                        AGENCY: Maritime Administration,
                                                    actions.                                                separate mechanical and electrical                    Department of Transportation.
                                                                                                            equipment and controls so that each                   ACTION: Notice.
                                                    DATES:  By this notice, FTA is advising
                                                    the public of final agency actions                      span can work independently of the
                                                                                                                                                                  SUMMARY:   The Secretary of
                                                    subject to Section 139(l) of Title 23,                  other, or in unison as needed. Final
                                                                                                                                                                  Transportation, as represented by the
                                                    United States Code (U.S.C.). A claim                    agency actions: Section 4(f)
                                                                                                                                                                  Maritime Administration (MARAD), is
                                                    seeking judicial review of FTA actions                  determination; a Section 106
                                                                                                                                                                  authorized to grant waivers of the U.S.-
                                                    announced herein for the listed public                  Memorandum of Agreement, dated May
                                                                                                                                                                  build requirement of the coastwise laws
                                                    transportation projects will be barred                  25, 2017; project-level air quality
                                                                                                                                                                  under certain circumstances. A request
                                                    unless the claim is filed on or before                  conformity; and a Finding of No
                                                                                                                                                                  for such a waiver has been received by
                                                    January 18, 2018.                                       Significant Impact, dated July 17, 2017.
                                                                                                                                                                  MARAD. The vessel, and a brief
                                                                                                            Supporting documentation:
                                                    FOR FURTHER INFORMATION CONTACT:                                                                              description of the proposed service, is
                                                                                                            Environmental Assessment, dated
                                                    Nancy-Ellen Zusman, Assistant Chief                     August 2016, and the July 6, 2017,                    listed below.
                                                    Counsel, Office of Chief Counsel, (312)                 Determination of Adequacy issued by                   DATES: Submit comments on or before
                                                    353–2577 or Alan Tabachnick,                            the Connecticut Office of Policy and                  September 20, 2017.
                                                    Environmental Protection Specialist,                    Management on the Record of Decision                  ADDRESSES: Comments should refer to
                                                    Office of Environmental Programs, (202)                 prepared by the Connecticut                           docket number MARAD–2017–0148.
                                                    366–8541. FTA is located at 1200 New                    Department of Transportation in                       Written comments may be submitted by
                                                    Jersey Avenue SE., Washington, DC                       accordance with the Connecticut                       hand or by mail to the Docket Clerk,
                                                    20590. Office hours are from 9:00 a.m.                  Environmental Policy Act (CEPA).                      U.S. Department of Transportation,
                                                    to 5:00 p.m., Monday through Friday,                       2. Project name and location: IndyGo               Docket Operations, M–30, West
                                                    except Federal holidays.                                Red Line Rapid Transit Project—Phase                  Building Ground Floor, Room W12–140,
                                                    SUPPLEMENTARY INFORMATION: Notice is                    1, Indianapolis, Indiana, and Marion                  1200 New Jersey Avenue SE.,
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                                                    hereby given that FTA has taken final                   County. Project Sponsor: Indiana Public               Washington, DC 20590. You may also
                                                    agency actions by issuing certain                       Transportation Corporation (IndyGo).                  send comments electronically via the
                                                    approvals for the public transportation                 Project description: The project                      Internet at http://www.regulations.gov.
                                                    projects listed below. The actions on the               establishes a 13.1-mile long bus rapid                All comments will become part of this
                                                    projects, as well as the laws under                     transit (BRT) corridor with 28 stations;              docket and will be available for
                                                    which such actions were taken, are                      transit signal priority (TSP) at all 36               inspection and copying at the above
                                                    described in the documentation issued                   signalized intersections; minor curb                  address between 10:00 a.m. and 5:00
                                                    in connection with the projects to                      realignments near stations and at                     p.m., Monday through Friday, except
                                                    comply with the National                                intersections; removal or limiting 34                 federal holidays. An electronic version


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Document Created: 2017-08-19 00:44:47
Document Modified: 2017-08-19 00:44:47
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 39646 

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