[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]


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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