
[Federal Register Volume 82, Number 160 (Monday, August 21, 2017)]
[Notices]
[Pages 39646-39647]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-17586]


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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket Number FRA-2016-0116]


Notice of Application for Approval To Discontinue or Modify a 
Railroad Signal System

    Under part 235 of Title 49 of the Code of Federal Regulations (CFR) 
and 49 U.S.C. 20502(a), this document provides the public notice that 
on July 21, 2017, CSX Transportation, Inc. (CSXT) petitioned the 
Federal Railroad Administration (FRA) requesting reconsideration of a 
prior FRA decision granting conditional relief from certain provisions 
of 49 CFR part 236. FRA assigned the petition Docket Number FRA-2016-
0116.
    In a May 30, 2017 decision, the FRA's Railroad Safety Board (Board) 
conditionally approved CSXT's petition for a waiver of compliance from 
49 CFR 236.60, Switch Shunting Circuit; Use Restricted. The Board 
stated in its decision the single condition of this relief was that it 
did not apply in Positive Train Control (PTC) territory or on tracks 
leading to PTC territory. CSXT states the May 30th decision did not 
provide an explanation why this condition was included.
    As CSXT explains in its request for reconsideration, under the 
requirements of the Rail Safety Improvement Act of 2008 (Pub. L. 110-
432, Oct. 16, 2008), and the Positive Train Control Enforcement and 
Implementation Act of 2015 (Pub. L. 114-73, 129 Stat. 576, 582, Oct. 
29, 2015), all required PTC hardware must be installed on or before 
December 31, 2018. CSXT has determined that, to date, there are 
approximately 250 switches utilizing shunt only protection on 
subdivisions where PTC has been installed or must be installed by 
December 31, 2018. CSXT states that excluding all PTC territory and 
tracks leading to PTC territory from the waiver would require it to 
modify these 250 switches by adding track circuit breaks to each 
location on or before December 31, 2018. CSXT asserts that while it 
remains on track to meet its PTC hardware installation requirement, 
also requiring these shunt-only protected switches to be modified puts 
CSXT's ability to meet this deadline into serious jeopardy, because it 
would add a significant amount of unplanned work to Engineering 
Department employees.
    As an alternative to this requirement to modify shunt only 
protected switches in PTC territory, CSXT requests that the Board 
modify the waiver to allow CSXT to grandfather the current 250 shunt-
only protected switches located in PTC territory or on tracks leading 
to PTC territory into this waiver.
    A copy of the petition, as well as any written communications 
concerning the petition, is available for review online at 
www.regulatons.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 parties 
desire 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:
     Web site: 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 5, 2017 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

[[Page 39647]]

provides, to www.regulations.gov, as described in the system of records 
notice (DOT/ALL-14 FDMS), which can be reviewed at https://www.transportation.gov/privacy. See also https://www.regulations.gov/privacyNotice for the privacy notice of regulations.gov.

    Issued in Washington, DC, on August 14, 2017.
John Karl Alexy,
Director, Office of Safety Analysis.
[FR Doc. 2017-17586 Filed 8-18-17; 8:45 am]
 BILLING CODE 4910-06-P


