
[Federal Register: August 26, 2008 (Volume 73, Number 166)]
[
Notices]               
[Page 50398]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr26au08-121]                         

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DEPARTMENT OF TRANSPORTATION



Federal Railroad Administration



 
Petition for Waiver of Compliance



    In accordance with Part 211 of Title 49 Code of Federal Regulations 

(CFR), notice is hereby given that the Federal Railroad Administration 

(FRA) received a request for a waiver of compliance with certain 

requirements of its safety standards. The individual petition is 

described below, including the party seeking relief, the regulatory 

provisions involved, the nature of the relief being requested, and the 

petitioner's arguments in favor of relief.



Port Authority Trans-Hudson Corporation



[Docket Number FRA-2008-0085]



    The Port Authority Trans-Hudson Corporation (PATH), seeks a waiver 

of compliance from certain provisions of Safety Appliance Standards, 49 

CFR Part 231, that requires a sill step, side, and end handhold on each 

side and each end of a passenger car. Specifically, the PATH request is 

to use an alternate location of the sill step and side handhold and not 

install end handholds for the production of PATH's new fleet of 

passenger cars in passenger train service.

    PATH operates on 13.8 miles of an interstate rail transit system 

between five major terminals and eight intermediate stations linking 

New Jersey and New York. The PATH system is a closed system, does not 

interchange and has other railroads with no highway rail crossings. 

Currently, PATH operates 326 vehicles of similar comparable design with 

relatively short headways and high platforms over a system that one-

half of which is located in tunnels below ground level carrying 250,000 

passengers in a 24-hour period. There is no interchange of car 

equipment between PATH and any rapid transit system or railroad. 

Because of the unique characteristics of PATH that is more 

representative of an inter-urban rapid transit system, PATH requests a 

waiver of certain provisions of FRA requirements, which they believe 

are not totally applicable. PATH also believes that in the past, FRA, 

while asserting jurisdiction over PATH, has acknowledged that PATH's 

operations are analogous to that of an inter-urban rapid transit 

system.

    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 (e.g., Waiver Petition Docket Number 2008-

0085) 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 within 45 days of the date of this notice 

will be considered by FRA before final action is taken. Comments 

received after that date will be considered as far as practicable. All 

written communications concerning these proceedings are available for 

examination during regular business hours (9 a.m.-5 p.m.) at the above 

facility. All documents in the public docket are also available for 

inspection and copying on the Internet at the docket facility's Web 

site at http://www.regulations.gov.

    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 comment, 

if submitted on behalf of an association, business, labor union, etc.). 

You may review DOT's complete Privacy Act Statement in the Federal 

Register published on April 11, 2000 (Volume 65, Number 70; Pages 

19477-78).



    Issued in Washington, DC on August 20, 2008.

Grady C. Cothen, Jr.,

Deputy Associate Administrator for Safety Standards and Program 

Development.

[FR Doc. E8-19673 Filed 8-25-08; 8:45 am]

BILLING CODE 4910-06-P
