[Federal Register Volume 84, Number 182 (Thursday, September 19, 2019)]
[Notices]
[Pages 49378-49379]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-20234]


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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket Number FRA-2008-0097]


Petition for Waiver of Compliance

    Under part 211 of title 49 Code of Federal Regulations (CFR), this 
document provides the public notice that on August 2, 2019, NJ TRANSIT 
Rail Operations (NJT) petitioned the Federal Railroad Administration 
(FRA) to renew its waiver of compliance from certain provisions of the 
Federal railroad safety regulations contained at 49 CFR 218.29, 
Alternate methods of protection. FRA assigned the petition Docket 
Number FRA-2008-0097.
    Specifically, NJT requests relief from Sec.  218.29(c)(1), 
regarding the alternate requirement to provide a derail capable of 
restricting access to a track positioned no less than 150 feet from the 
end of such equipment; when workers are on, under, or between rolling 
equipment, when a manually operated switch as required by Sec.  
218.29(b)(2) is not feasible. NJT seeks to utilize Sec.  218.29(a)(4) 
to provide protection for workers by restricting the speed to not more 
than 5 miles per hour and permitting the location of locked derails no 
less than 50 feet from the end of the equipment under conditions that 
would normally require protection under Sec.  218.27, Workers on track 
other than main track. A transportation department employee 
(yardmaster) is present to control train

[[Page 49379]]

movements and coordinate maintenance activities with the mechanical 
department employees.
    NJT states that since 2009, when the waiver first went into effect, 
no accidents, incidents, or injuries occurred at the Morrisville 
facility due to the practice of using such alternate blue signal 
protection. Because no changes have been made to the nature of the 
equipment servicing facility in the last five years, NJT seeks to 
extend the waiver for an additional five years.
    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 parties 
desire an opportunity for oral comment and a public hearing, 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 November 4, 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 http://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.
John Karl Alexy,
Associate Administrator for Railroad Safety, Chief Safety Officer.
[FR Doc. 2019-20234 Filed 9-18-19; 8:45 am]
BILLING CODE 4910-06-P


