Notice2023-08496
Petition for Extension of Waiver of Compliance
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
April 21, 2023
Issuing agencies
Transportation DepartmentFederal Railroad Administration
Full Text
<html>
<head>
<title>Federal Register, Volume 88 Issue 77 (Friday, April 21, 2023)</title>
</head>
<body><pre>
[Federal Register Volume 88, Number 77 (Friday, April 21, 2023)]
[Notices]
[Pages 24655-24656]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-08496]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
[Docket Number FRA-2002-12409]
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 March 15,
2023, 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 238 (Passenger Equipment Safety
[[Page 24656]]
Standards). The relevant Docket Number is FRA-2002-12409.
Specifically, PATH requests to extend its relief from Sec. Sec.
238.305(c)(10) and (d), Interior calendar day mechanical inspection of
passenger cars, and 238.317(a)(1), Movement of passenger equipment with
other than power brake defects, for its fleet of passenger vehicles.
PATH requests continued relief from the requirement that a car must be
removed from service on the day following its calendar day interior
mechanical inspection. PATH seeks permission for a car to remain in
service up to eight calendar days following notification, so the car
can be brought to the PATH running repair or main repair facility. In
support of this request, PATH states that ``due to the confined
geography of the system and limited track storage areas, cutting cars
from consists . . . cannot be done during the workday without having
significant adverse effect upon passenger service.'' Further, PATH
requests continued relief from the requirement to perform a Class II
brake test during specific periods of time at terminal locations. PATH
explains that terminal dwell times are less than five minutes and ``the
[c]onductor does not have adequate time to remain at the rear of the
train while the [e]ngineer changes operating position to perform the
[b]rake [t]est, and then walk forward to the conductor operating
position between the first and second car.'' In support of its request,
PATH states that ``the typical train will undergo a Class II test
approximately ten times every day.''
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 June 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), 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. 2023-08496 Filed 4-20-23; 8:45 am]
BILLING CODE 4910-06-P
</pre></body>
</html>Indexed from Federal Register on April 21, 2023.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.