
[Federal Register: July 1, 2010 (Volume 75, Number 126)]
[Notices]               
[Page 38170]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr01jy10-132]                         

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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

[Waiver Petition Docket Number FRA-2010-0104]

    The Port Authority Trans-Hudson Corporation (PATH) seeks a waiver 
of compliance with the Locomotive Safety Standards, 49 CFR 
229.129(b)(2), which requires that the sound level of horns of 
locomotives manufactured before September 18, 2006, be tested before 
June 24, 2010.
    PATH operates a closed interstate rail transit system between New 
York and New Jersey, with no public highway-rail grade crossings. PATH 
is in the process of replacing its entire fleet of electric MU rail 
cars used in passenger service. To date, 122 new cars have been 
delivered and are in compliance with horn testing requirements for 
locomotives built after September 18, 2006. PATH continues to operate 
223 electric MU railcars manufactured prior to the September 18, 2006, 
date that require testing. PATH will scrap all but 52 of the cars built 
prior to September 18, 2006, over the next 18 months. The 52 remaining 
cars will be used as work cars (maintenance of way).
    PATH states that due to the size of the railroad, there is only one 
location (Harrison Yard) that meets the criteria of the horn testing 
requirements. This a storage yard, and to utilize this facility, would 
cause PATH to hold 4 storage tracks out of service which would cripple 
PATH's operation. PATH requests a waiver from the horn testing 
requirements for the cars that were manufactured prior to September 18, 
2006, that will be scraped within the next 18 months and a reasonable 
extension of time period to test the 52 cars they will retain for work 
service.
    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 2010-
0104) 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 30 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 June 25, 2010.
Michael J. Logue,
Deputy Associate Administrator for Safety Compliance and Program 
Implementation.
[FR Doc. 2010-16067 Filed 6-30-10; 8:45 am]
BILLING CODE 4910-06-P

