Petition for Waiver of Compliance, 44405 [2018-18808]

Agencies

• Federal Railroad Administration
• DEPARTMENT OF TRANSPORTATION

[Federal Register Volume 83, Number 169 (Thursday, August 30, 2018)]
[Notices]
[Page 44405]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[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: https://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 
https://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