Petition for Waiver of Compliance

Citation84 FR 42978
Published date19 August 2019
Record Number2019-17711
SectionNotices
CourtFederal Railroad Administration
Federal Register, Volume 84 Issue 160 (Monday, August 19, 2019)
[Federal Register Volume 84, Number 160 (Monday, August 19, 2019)]
                [Notices]
                [Pages 42978-42979]
                From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
                [FR Doc No: 2019-17711]
                -----------------------------------------------------------------------
                DEPARTMENT OF TRANSPORTATION
                Federal Railroad Administration
                [Docket Number FRA-2019-0058]
                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 26, 2019, the New
                York, Susquehanna & Western Railway Corporation (NYSW) petitioned the
                Federal Railroad Administration (FRA) for a waiver of compliance from
                certain provisions of the Federal railroad safety regulations contained
                at 49 CFR 234. 271, Insulated rail joints, bond wires, and track
                connections. FRA assigned the petition Docket Number FRA-2019-0058.
                 Specifically, NYSW requests relief from the requirement that
                insulated rail joints, bond wires, and track connections be inspected
                once every three months, for the following highway-rail grade crossings
                (HGRC) located in Utica, NY: (1) DOT #264337H-milepost (MP) U284.84--
                Noyes Street; (2) DOT #264329R-MP U285.38--Court Street; and (3) DOT
                #264328J-MP U2865.54--Columbia Street. The affected HRGCs are located
                on a portion of rail line within the NYSW's Utica Yard Limits. Train
                movements are made on verbal permission of the Train Dispatcher.
                [[Page 42979]]
                Within the yard limits, the trackage enters the city of Utica in a
                general southwest to northeast direction, traversing a section of
                street trackage. For a distance of 3,400 feet, the trackage is centered
                in the asphalt roadway of Schuyler Street. The street trackage itself
                is assigned DOT #93565Y.
                 NYSW explains that prior to 1982, the HRGCs in the Schuyler Street
                trackage were manually operated from a watchman's shanty located near
                the northeast end of the street trackage. In 1983, the HRGCs were
                upgraded with automatic flashing light signals, with trains detected by
                Style C track circuits. Since that time, Court Street has been further
                upgraded to a motion detector track circuit. At the time of the 1983
                installation, the affected HRGC warning devices were not subject to 49
                CFR part 234, and when installed, no provisions were made in the
                asphalt surface of Schuyler Street to access the track wire connections
                to the web of the running rails. Insulated joints are also not able to
                be fully visually inspected. NYSW's petition states it ``will monitor
                track relay voltages and motion detector transmitter check readings
                monthly and form baseline readings.''
                 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 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 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 3, 2019 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 provides, to
                www.regulations.gov, as described in the system of records notice (DOT/
                ALL-14 FDMS), which can be reviewed at www.transportation.gov/privacy.
                See also http://www.regulations.gov/#!privacyNotice for the privacy
                notice of regulations.gov.
                 Issued in Washington, DC.
                John Karl Alexy,
                Associate Administrator for Railroad Safety, Chief Safety Officer.
                [FR Doc. 2019-17711 Filed 8-16-19; 8:45 am]
                BILLING CODE 4910-06-P
                

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