
[Federal Register: January 22, 2009 (Volume 74, Number 13)]
[Notices]               
[Page 4074-4075]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr22ja09-95]                         

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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-2008-0143]

    The Port Authority Trans-Hudson Corporation (PATH), seeks a waiver 
of compliance from certain provisions of Safety Appliance Standards, 
Title 49 CFR Part 231, that requires a sill step, a side and end 
handhold, handbrake, end handrails, side door steps and uncoupling 
levers on newly built PA-5 cars. Specifically, PATH's request is to use 
an alternate compliance of safety appliance arrangements 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 no highway rail crossings. Currently PATH is an 
inter-urban rapid transit system operating 326 electrically powered, 
multiple unit vehicles that receive 650 volts transmitted by third rail 
of similar comparable design. PATH operates 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 waiver of certain provisions of FRA 
requirements related to safety appliances 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.

[[Page 4075]]

    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-
0143) 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 January 14, 2009.
Grady C. Cothen, Jr.,
Deputy Associate Administrator for Safety Standards and Program 
Development.
[FR Doc. E9-1223 Filed 1-21-09; 8:45 am]

BILLING CODE 4910-06-P
