[Federal Register Volume 82, Number 213 (Monday, November 6, 2017)]
[Notices]
[Page 51471]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-24037]


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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket Number FRA-2017-0109]


Petition for Waiver of Compliance

    Under part 211 of Title 49 of the Code of Federal Regulations 
(CFR), this provides the public notice that October 2, 2017, the Port 
Authority Trans-Hudson Corporation (PATH) petitioned the Federal 
Railroad Administration (FRA) for a waiver of compliance from certain 
provisions of the Federal railroad safety regulations contained at 49 
CFR PSec.  238.123. FRA assigned the petition docket number FRA-2017-
0109.
    PATH is requesting relief from the requirements of 49 CFR 238.123, 
Emergency roof access, which requires passenger cars ordered on or 
after April 1, 2009, or placed in service for the first time on or 
after April 1, 2011, to have two emergency roof access locations. 
Alternatively, PATH requests approval to install a single emergency 
roof access location on any new passenger car ordered from this date 
forward. PATH states that the basis of this petition is the unique 
nature of the PATH PA-5 vehicles and operation relative to typical 
railroad operations under FRA jurisdiction. The railcars used by PATH 
are more typical for urban rapid transit operations, and differ from 
other passenger rail equipment in dimension and design, such that it is 
not practicable to have two emergency roof access locations. PATH 
asserts that the emergency access windows and other exits that are 
available on its equipment provide a high level of safety that is 
appropriate to its operations.
    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:
     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 December 21, 2017 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 
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, on October 30, 2017.
John K. Alexy,
Director, Office of Safety Analysis.
[FR Doc. 2017-24037 Filed 11-3-17; 8:45 am]
 BILLING CODE 4910-06-P


