Notice2022-22849

Petition for Extension of Waiver of Compliance

Primary source

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Published
October 21, 2022

Issuing agencies

Transportation DepartmentFederal Railroad Administration

Full Text

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<title>Federal Register, Volume 87 Issue 203 (Friday, October 21, 2022)</title>
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[Federal Register Volume 87, Number 203 (Friday, October 21, 2022)]
[Notices]
[Pages 64132-64133]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-22849]


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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket Number FRA-2017-0104]


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 on September 20, 2022, 
Caltrain 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 238, 
Passenger Equipment Safety Standards. The relevant FRA Docket Number is 
FRA-2017-0104.
    Specifically, Caltrain seeks to extend its waiver of compliance 
from a portion of 49 CFR 238.113(a)(2), Emergency window exits, for the 
Caltrain Electric Multiple Unit restroom car. The Americans with 
Disabilities Act (ADA)-compliant restroom facility extends from the 
exterior side door to nearly the centerline of the car, thus precluding 
the placement of the emergency window exit in this quadrant of the car 
in the lower main level. Caltrain states that it believes the intent of 
the emergency window requirement is met, as the position of the window 
provides the

[[Page 64133]]

closest practical fulfillment of the location requirements, without 
otherwise compromising access to either the emergency window exit or 
the ADA restroom facility. Additionally, Caltrain explains passengers 
have ready access to the exterior side door with a clear opening of 51 
inches. However, because the design does not meet the literal 
interpretation of ``each end (half) of the car,'' Caltrain is 
requesting to extend its waiver of this requirement for this restroom 
car for the life of the equipment.
    A copy of the petition, as well as any written communications 
concerning the petition, is available for review online at 
<a href="http://www.regulations.gov">www.regulations.gov</a>.
    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 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 <a href="http://www.regulations.gov">http://www.regulations.gov</a>. Follow the online instructions for submitting 
comments.
    Communications received by December 20, 2022 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), the U.S. 
Department of Transportation (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 
<a href="http://www.regulations.gov">www.regulations.gov</a>, as described in the system of records notice (DOT/
ALL-14 FDMS), which can be reviewed at <a href="https://www.transportation.gov/privacy">https://www.transportation.gov/privacy</a>. See also <a href="https://www.regulations.gov/privacy-notice">https://www.regulations.gov/privacy-notice</a> for the 
privacy notice of <a href="http://regulations.gov">regulations.gov</a>.

    Issued in Washington, DC.
John Karl Alexy,
Associate Administrator for Railroad Safety, Chief Safety Officer.
[FR Doc. 2022-22849 Filed 10-20-22; 8:45 am]
BILLING CODE 4910-06-P


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Indexed from Federal Register on October 21, 2022.

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