Notice2023-20202
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
September 19, 2023
Issuing agencies
Transportation DepartmentFederal Railroad Administration
Full Text
<html>
<head>
<title>Federal Register, Volume 88 Issue 180 (Tuesday, September 19, 2023)</title>
</head>
<body><pre>
[Federal Register Volume 88, Number 180 (Tuesday, September 19, 2023)]
[Notices]
[Page 64515]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-20202]
-----------------------------------------------------------------------
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
<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 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 <a href="http://www.regulations.gov">http://www.regulations.gov</a>. 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
<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. 2023-20202 Filed 9-18-23; 8:45 am]
BILLING CODE P
</pre></body>
</html>Indexed from Federal Register on September 19, 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.