83_FR_44574 83 FR 44405 - Petition for Waiver of Compliance

83 FR 44405 - Petition for Waiver of Compliance

DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration

Federal Register Volume 83, Issue 169 (August 30, 2018)

Page Range44405-44405
FR Document2018-18808

Federal Register, Volume 83 Issue 169 (Thursday, August 30, 2018)
[Federal Register Volume 83, Number 169 (Thursday, August 30, 2018)]
[Notices]
[Page 44405]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-18808]



[[Page 44405]]

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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket Number FRA-2018-0063]


Petition for Waiver of Compliance

    Under part 211 of Title 49 Code of Federal Regulations (CFR), this 
provides the public notice that by letter dated July 11, 2018, 
Naugatuck Railroad Company (NAUG), the operator of trackage owned by 
the Connecticut Department of Transportation (CDOT) between Waterbury, 
CT, and Torrington, CT, known as the ``Torrington Secondary,'' 
petitioned the Federal Railroad Administration (FRA) for a waiver of 
compliance from certain provisions of the Federal railroad safety 
regulations contained at 49 CFR part 234. FRA assigned the petition 
Docket Number FRA-2018-0063.
    NAUG seeks a waiver of compliance 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. Specifically, NAUG 
seeks relief to operate over two non-functioning highway-rail grade 
crossings without making inspections and tests required in Sec. Sec.  
234.249 through 234.271.
    Previous owners and operators of this track allowed signals in 
Torrington, CT, to fall into disrepair at Albert Street, DOT #503956B, 
and Litchfield Street, DOT #503957B, both two-way, single traffic lane 
streets. One crossing has equipment over 60 years old, and the second, 
more complex crossing signal system, has equipment that is over 30 
years old. As part of Petitioner's commitment to provide rail services 
to those that require them, the need to access areas of the railroad 
previously deemed out of service became necessary. In partnership with 
CDOT, through the CT Rail Freight Improvement Program, this track was 
rehabilitated to FRA Class 1 standards, but no grade crossing funding 
was available for these crossings. Petitioner requests relief to 
provide service to its customers and generate the revenue needed to 
continue to rehabilitate this segment of track.
    In lieu of performing all required tests (and repairs identified by 
the required tests), Petitioner requests to continue limited operations 
over the two affected grade crossings by:
     Contacting local authorities to advise that a crossing may 
need to be occupied by a train.
     Stationing an employee at each crossing to provide warning 
to approaching highway traffic and communicate with motorists as 
needed, as provided in Northeast Operating Rules Advisory Committee 
``stop and protect'' rules.
    All other grade crossings in Torrington are ``stop and protect'' 
crossings on two-way, single traffic lane streets, with no automatic 
highway warning protective devices.
    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 
Docket Operations Facility, 1200 New Jersey Ave. 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 party 
desires 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:
     Website: 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 15, 2018 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 www.dot.gov/privacy. See also 
http://www.regulations.gov/#!privacyNotice for the privacy notice of 
regulations.gov.

    Issued in Washington, DC.
Robert C. Lauby,
Associate Administrator for Safety, Chief Safety Officer.
[FR Doc. 2018-18808 Filed 8-29-18; 8:45 am]
 BILLING CODE 4910-06-P



                                                                          Federal Register / Vol. 83, No. 169 / Thursday, August 30, 2018 / Notices                                                 44405

                                              DEPARTMENT OF TRANSPORTATION                            as provided in Northeast Operating                    14 FDMS), which can be reviewed at
                                                                                                      Rules Advisory Committee ‘‘stop and                   www.dot.gov/privacy. See also http://
                                              Federal Railroad Administration                         protect’’ rules.                                      www.regulations.gov/#!privacyNotice
                                              [Docket Number FRA–2018–0063]
                                                                                                         All other grade crossings in                       for the privacy notice of regulations.gov.
                                                                                                      Torrington are ‘‘stop and protect’’                     Issued in Washington, DC.
                                              Petition for Waiver of Compliance                       crossings on two-way, single traffic lane
                                                                                                                                                            Robert C. Lauby,
                                                                                                      streets, with no automatic highway
                                                 Under part 211 of Title 49 Code of                                                                         Associate Administrator for Safety, Chief
                                                                                                      warning protective devices.
                                              Federal Regulations (CFR), this provides                                                                      Safety Officer.
                                                                                                         A copy of the petition, as well as any
                                              the public notice that by letter dated                  written communications concerning the                 [FR Doc. 2018–18808 Filed 8–29–18; 8:45 am]
                                              July 11, 2018, Naugatuck Railroad                       petition, is available for review online at           BILLING CODE 4910–06–P
                                              Company (NAUG), the operator of                         www.regulations.gov and in person at
                                              trackage owned by the Connecticut                       the Department of Transportation’s
                                              Department of Transportation (CDOT)                     Docket Operations Facility, 1200 New                  DEPARTMENT OF TRANSPORTATION
                                              between Waterbury, CT, and Torrington,                  Jersey Ave. SE, W12–140, Washington,
                                              CT, known as the ‘‘Torrington                                                                                 Pipeline and Hazardous Materials
                                                                                                      DC 20590. The Docket Operations                       Safety Administration
                                              Secondary,’’ petitioned the Federal                     Facility is open from 9 a.m. to 5 p.m.,
                                              Railroad Administration (FRA) for a                     Monday through Friday, except Federal                 [Docket No. PHMSA–2018–0050]
                                              waiver of compliance from certain                       Holidays.
                                              provisions of the Federal railroad safety                  Interested parties are invited to                  Pipeline Safety: Gas and Hazardous
                                              regulations contained at 49 CFR part                    participate in these proceedings by                   Liquid Pipeline Risk Models
                                              234. FRA assigned the petition Docket                   submitting written views, data, or                    AGENCY: Pipeline and Hazardous
                                              Number FRA–2018–0063.                                   comments. FRA does not anticipate                     Materials Safety Administration
                                                 NAUG seeks a waiver of compliance                    scheduling a public hearing in                        (PHMSA); DOT.
                                              from the requirements of 49 CFR                         connection with these proceedings since
                                              234.247, Purpose of inspections and                                                                           ACTION: Notice and request for
                                                                                                      the facts do not appear to warrant a
                                              tests; removal from service of relay or                                                                       comments; extension of comment
                                                                                                      hearing. If any interested party desires
                                              device failing to meet test requirements.                                                                     period.
                                                                                                      an opportunity for oral comment, they
                                              Specifically, NAUG seeks relief to                      should notify FRA, in writing, before                 SUMMARY:    PHMSA published a notice in
                                              operate over two non-functioning                        the end of the comment period and                     the Federal Register to seek public
                                              highway-rail grade crossings without                    specify the basis for their request.                  comments on a report developed to
                                              making inspections and tests required in                   All communications concerning these                support improvements in gas and
                                              §§ 234.249 through 234.271.                             proceedings should identify the                       hazardous liquid pipeline risk models
                                                 Previous owners and operators of this                appropriate docket number and may be                  titled ‘‘Pipeline Risk Modeling—
                                              track allowed signals in Torrington, CT,                submitted by any of the following                     Overview of Methods and Tools for
                                              to fall into disrepair at Albert Street,                methods:                                              Improved Implementation’’ (Pipeline
                                              DOT #503956B, and Litchfield Street,                       • Website: http://                                 Risk Modeling Report). PHMSA has
                                              DOT #503957B, both two-way, single                      www.regulations.gov. Follow the online                received a request to extend the
                                              traffic lane streets. One crossing has                  instructions for submitting comments.                 comment period to allow stakeholders
                                              equipment over 60 years old, and the                       • Fax: 202–493–2251.                               more time to evaluate the notice.
                                              second, more complex crossing signal                       • Mail: Docket Operations Facility,
                                                                                                                                                            PHMSA has concurred with this request
                                              system, has equipment that is over 30                   U.S. Department of Transportation, 1200
                                                                                                                                                            and has extended the comment period
                                              years old. As part of Petitioner’s                      New Jersey Avenue SE, W12–140,
                                                                                                                                                            for an additional 30 days.
                                              commitment to provide rail services to                  Washington, DC 20590.
                                              those that require them, the need to                       • Hand Delivery: 1200 New Jersey                   DATES: The closing date for filing
                                              access areas of the railroad previously                 Avenue SE, Room W12–140,                              comments on the notice published
                                              deemed out of service became                            Washington, DC 20590, between 9 a.m.                  August 16, 2018, (83 FR 40843) is
                                              necessary. In partnership with CDOT,                    and 5 p.m., Monday through Friday,                    extended from September 17, 2018, to
                                              through the CT Rail Freight                             except Federal Holidays.                              October 17, 2018.
                                              Improvement Program, this track was                        Communications received by October                 ADDRESSES: Comments should reference
                                              rehabilitated to FRA Class 1 standards,                 15, 2018 will be considered by FRA                    Docket No. PHMSA–2018–0050 and
                                              but no grade crossing funding was                       before final action is taken. Comments                may be submitted in the following ways:
                                              available for these crossings. Petitioner               received after that date will be                         E-Gov Website: http://
                                              requests relief to provide service to its               considered if practicable.                            www.regulations.gov. This site allows
                                              customers and generate the revenue                         Anyone can search the electronic                   the public to enter comments on any
                                              needed to continue to rehabilitate this                 form of any written communications                    Federal Register notice issued by any
                                              segment of track.                                       and comments received into any of our                 agency.
                                                 In lieu of performing all required tests             dockets by the name of the individual                    Fax: 1–202–493–2251.
                                              (and repairs identified by the required                 submitting the comment (or signing the                   Mail: Docket Management Facility;
                                              tests), Petitioner requests to continue                 document, if submitted on behalf of an                U.S. Department of Transportation
                                              limited operations over the two affected                association, business, labor union, etc.).            (DOT), 1200 New Jersey Avenue SE,
                                              grade crossings by:                                     In accordance with 5 U.S.C. 553(c), DOT               West Building, Room W12–140,
amozie on DSK3GDR082PROD with NOTICES1




                                                 • Contacting local authorities to                    solicits comments from the public to                  Washington, DC 20590–0001.
                                              advise that a crossing may need to be                   better inform its processes. DOT posts                   Hand Delivery: Room W12–140 on the
                                              occupied by a train.                                    these comments, without edit, including               ground level of DOT, West Building,
                                                 • Stationing an employee at each                     any personal information the                          1200 New Jersey Avenue SE,
                                              crossing to provide warning to                          commenter provides, to                                Washington, DC, between 9:00 a.m. and
                                              approaching highway traffic and                         www.regulations.gov, as described in                  5:00 p.m., Monday through Friday,
                                              communicate with motorists as needed,                   the system of records notice (DOT/ALL–                except Federal holidays.


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Document Created: 2018-08-30 01:21:20
Document Modified: 2018-08-30 01:21:20
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 Citation83 FR 44405 

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