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

Download as PDF Federal Register / Vol. 83, No. 169 / Thursday, August 30, 2018 / Notices DEPARTMENT OF TRANSPORTATION Federal Railroad Administration [Docket Number FRA–2018–0063] amozie on DSK3GDR082PROD with NOTICES1 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 §§ 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, VerDate Sep<11>2014 17:25 Aug 29, 2018 Jkt 244001 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– PO 00000 Frm 00149 Fmt 4703 Sfmt 4703 44405 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 DEPARTMENT OF TRANSPORTATION Pipeline and Hazardous Materials Safety Administration [Docket No. PHMSA–2018–0050] Pipeline Safety: Gas and Hazardous Liquid Pipeline Risk Models Pipeline and Hazardous Materials Safety Administration (PHMSA); DOT. ACTION: Notice and request for comments; extension of comment period. AGENCY: PHMSA published a notice in the Federal Register to seek public comments on a report developed to support improvements in gas and hazardous liquid pipeline risk models titled ‘‘Pipeline Risk Modeling— Overview of Methods and Tools for Improved Implementation’’ (Pipeline Risk Modeling Report). PHMSA has received a request to extend the comment period to allow stakeholders more time to evaluate the notice. PHMSA has concurred with this request and has extended the comment period for an additional 30 days. DATES: The closing date for filing comments on the notice published August 16, 2018, (83 FR 40843) is extended from September 17, 2018, to October 17, 2018. ADDRESSES: Comments should reference Docket No. PHMSA–2018–0050 and may be submitted in the following ways: E-Gov Website: http:// www.regulations.gov. This site allows the public to enter comments on any Federal Register notice issued by any agency. Fax: 1–202–493–2251. Mail: Docket Management Facility; U.S. Department of Transportation (DOT), 1200 New Jersey Avenue SE, West Building, Room W12–140, Washington, DC 20590–0001. Hand Delivery: Room W12–140 on the ground level of DOT, West Building, 1200 New Jersey Avenue SE, Washington, DC, between 9:00 a.m. and 5:00 p.m., Monday through Friday, except Federal holidays. SUMMARY: E:\FR\FM\30AUN1.SGM 30AUN1

Agencies

[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: 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