[Federal Register Volume 83, Number 86 (Thursday, May 3, 2018)]
[Notices]
[Page 19593]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-09401]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket Number FRA-2018-0041]


Petition for Waiver of Compliance

    Under part 211 of Title 49 of the Code of Federal Regulations 
(CFR), this provides the public notice that on April 18, 2018, 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 part 214. FRA assigned the petition docket number FRA-2018-0041.
    PATH is requesting relief from the definition of ``fouling a 
track'' found in 49 CFR 214.7 at certain locations within PATH's tunnel 
system if certain conditions are met. PATH seeks the waiver to allow 
tunnel bench walls to be considered a ``place of safety'' under Sec.  
214.329, Train Approach Warning, for the safety and efficiency of 
roadway maintenance procedures at that those locations. If approved, 
when train approach warning or foul time is used as the method of 
protection, roadway workers may move to a previously arranged place of 
safety designated as a ``Clearance Area.'' Due to track and physical 
structure configurations, the designated ``Clearance Area'' can be less 
than the required four feet from the near running rail, yet still 
provides a place of safety, protecting roadway workers from the risk of 
being struck by moving trains or on-track equipment. PATH states safety 
will be improved by reducing the distance roadway workers must walk to 
reach a compliant place of safety upon receiving warning of an 
approaching train. PATH also contends roadway maintenance procedures 
will be more efficient by increasing the number of clearing locations, 
thereby reducing time spent moving to and from places of safety.
    PATH is a rapid transit system, with 13.8 route miles, of which 7.4 
miles are composed of an underground tunnel system that operates 
between the states of New York and New Jersey. The current tunnel 
system was built between 1873 and 1901. As such, the physical structure 
and track configurations within the tunnel system provide many 
locations where it is physically impossible to clear outside four feet 
of the near rail. PATH explains that the historical use and safety 
record of bench walls as a place of clearance for close to half a 
century without incident show that, under certain conditions, they can 
be used as a place of safety within the four-foot fouling envelope.
    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 Ave. 
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 June 18, 2018 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.). 
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.

Robert C. Lauby,
Associate Administrator for Railroad Safety, Chief Safety Officer.
[FR Doc. 2018-09401 Filed 5-2-18; 8:45 am]
BILLING CODE 4910-06-P


