
[Federal Register Volume 77, Number 22 (Thursday, February 2, 2012)]
[Notices]
[Page 5294]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-2357]


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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket Number FRA-2012-0008]


Petition for Waiver of Compliance

    In accordance with Part 211 of Title 49 of the Code of Federal 
Regulations (CFR), this document provides the public notice that by a 
document dated December 20, 2011, the Port Authority Trans-Hudson 
Corporation (PATH) has petitioned the Federal Railroad Administration 
(FRA) for a waiver of compliance from certain provisions of the Federal 
railroad safety regulations contained at 49 CFR part 235. FRA assigned 
the petition Docket Number FRA-2012-0008.
    PATH seeks relief from the requirements of 49 CFR 235.5 to expedite 
successful installation of Positive Train Control (PTC), mandated by 
the Rail Safety Improvement Act of 2008. In preparation for PTC, PATH 
needs to install new microprocessor interlocking controls and digital 
audio frequency track circuits, and add, relocate, remove, and/or 
modify existing wayside signals, train stops, track circuits, 
interlocking, and non-vital automatic train supervision controls.
    This work initially includes certain tracks within PATH's Harrison 
Yard and South Street Yard for testing purposes, but will eventually 
include all mainline revenue tracks, other yard tracks, and terminals 
as the Automatic Train Control (ATC, which is a type of PTC) system 
installation progresses.
    In conjunction with the request, PATH proposes to modify the 
existing signal system while maintaining compliance with 49 CFR part 
236 as provided for under 49 CFR 235.7(c)(24)(vi). This relief would 
reduce the approval time while still providing FRA review and oversight 
of the proposed changes in the same manner as pole line elimination 
projects. PATH's request would be akin to adding the wording, 
``modification of existing signal systems in preparation for the 
installation and testing of PTC,'' or the first sentence in 49 CFR 
235.7(c)(24)(vi).
    The relief sought would allow for expedited modification of the 
existing signal system directly associated with the installation and 
testing of PTC. This would also reduce the administrative workload for 
both FRA and PATH.
    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 March 19, 2012 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 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), or online at http://www.dot.gov/privacy.html.

    Issued in Washington, DC, on January 30, 2012.
Michael W. Lestingi,
Acting Director for the Office of Safety Assurance and Compliance.
[FR Doc. 2012-2357 Filed 2-1-12; 8:45 am]
BILLING CODE 4910-06-P


