
[Federal Register Volume 88, Number 180 (Tuesday, September 19, 2023)]
[Notices]
[Page 64515]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-20202]


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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket Number FRA-2018-0041]


Petition for Extension of Waiver of Compliance

    Under part 211 of title 49 Code of Federal Regulations (CFR), this 
document provides the public notice that by letter dated July 1, 2023, 
the Port Authority Trans-Hudson Corporation (PATH) petitioned the 
Federal Railroad Administration (FRA) for an extension of a waiver of 
compliance from certain provisions of the Federal railroad safety 
regulations contained at 49 CFR part 214 (Railroad Workplace Safety). 
The relevant Docket Number is FRA-2018-0041.
    Specifically, PATH requests continued relief from the definition of 
``fouling a track'' found in 49 CFR 214.7, Definitions, 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 those 
locations. When train approach warning or foul time is used as a method 
of protection, roadway workers may move to a previously arranged place 
of safety designated as a ``Clearance Area.'' PATH states that its 
``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 adds that ``the historical 
use and safety record of bench walls as a place of clearance for close 
to half of a century without incident show that, under certain 
conditions, they can be used as a place of safety within the four-foot 
fouling envelope.'' In support of its request, PATH notes that ``there 
have been no known issues raised upon issuance of the waiver and no 
reported failures of compliance found during inspections.''
    A copy of the petition, as well as any written communications 
concerning the petition, is available for review online at 
www.regulations.gov.
    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 at http://www.regulations.gov. Follow the online instructions for submitting 
comments.
    Communications received by November 20, 2023 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/privacy-notice for the 
privacy notice of regulations.gov.

    Issued in Washington, DC.
John Karl Alexy,
Associate Administrator for Railroad Safety, Chief Safety Officer.
[FR Doc. 2023-20202 Filed 9-18-23; 8:45 am]
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