
[Federal Register Volume 78, Number 37 (Monday, February 25, 2013)]
[Notices]
[Page 12827]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-04286]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket Number FRA-2002-12409]


Petition for Waiver of Compliance

    In accordance with Part 211 of Title 49 Code of Federal Regulations 
(CFR), this document provides the public notice that by a document 
dated November 30, 2012, Port Authority Trans-Hudson (PATH) has 
petitioned the Federal Railroad Administration (FRA) for an extension 
of Waiver Docket Number FRA-2002-12409, which provides relief from 
certain provisions of 49 CFR part 238--Passenger Equipment Safety 
Standards. Specifically, PATH requests extension of the waiver of 
compliance from the requirements of 49 CFR 238.305(c)(10)--Interior 
calendar day mechanical inspection of passenger cars, 238.305.(d), and 
238.317(a)(1)--Movement of passenger equipment with other than power 
brake defects. These regulations are associated with the interior 
calendar-day inspection and Class 2 brake test, respectively.
    PATH requests relief from the requirement to remove a car from 
service on the calendar day following the interior calendar-day 
mechanical inspection, and requests that the car be permitted to remain 
in passenger service until the car can be brought to the PATH running 
repair or main repair facility at the earliest practical time, but not 
to exceed 8 calendar days following notification, providing all of the 
specific conditions contained in 49 CFR 238.305(c)(10) and 49 CFR 
238.305(d)(1)-(d)(3) are met. PATH further requests partial relief from 
the requirement to perform a Class 2 brake test during specific periods 
of time at terminal locations in which terminal dwell times are less 
than 5 minutes. PATH asserts that the conductor does not have adequate 
time to remain at the rear of the train to perform the brake test while 
the engineer changes operating position and then walk forward to the 
conductor's operating position between the first and second cars. FRA 
assigned the petition Docket Number FRA-2002-12409.
    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 (DOT) 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:
     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 April 11, 2013 will be considered by FRA 
before final action is taken. Comments received after that date will be 
considered as far as practicable.
    Anyone is able to 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.). 
See http://www.regulations.gov/#!privacyNotice for the privacy notice 
of regulations.gov or interested parties may review DOT's complete 
Privacy Act Statement in the Federal Register published on April 11, 
2000 (65 FR 19477).

    Issued in Washington, DC, on February 20, 2013.
Robert C. Lauby,
Deputy Associate Administrator for Regulatory and Legislative 
Operations.
[FR Doc. 2013-04286 Filed 2-22-13; 8:45 am]
BILLING CODE 4910-06-P


