Notice2024-04510
Petition for Renewal of Waiver of Compliance and Notice of Public Hearing
Primary source
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Published
March 4, 2024
Issuing agencies
Transportation DepartmentFederal Railroad Administration
Abstract
On September 19, 2023, FRA published a public notice in Docket Number FRA-2018-0041 announcing that on July 1, 2023, Port Authority Trans-Hudson Corporation (Petitioner) submitted a petition seeking renewal of a waiver. In this notice, FRA is announcing a public hearing to allow interested persons the opportunity to provide comments on the petition. FRA is also announcing it is reopening the comment period for 15 days to allow time for interested parties to submit comments on the petition or in response to views or information provided at the public hearing.
Full Text
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<title>Federal Register, Volume 89 Issue 43 (Monday, March 4, 2024)</title>
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[Federal Register Volume 89, Number 43 (Monday, March 4, 2024)]
[Notices]
[Pages 15625-15626]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-04510]
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DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
[Docket No. FRA-2018-0041]
Petition for Renewal of Waiver of Compliance and Notice of Public
Hearing
AGENCY: Federal Railroad Administration (FRA), Department of
Transportation (DOT).
ACTION: Announcement of public hearing and reopening of comment period.
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SUMMARY: On September 19, 2023, FRA published a public notice in Docket
Number FRA-2018-0041 announcing that on July 1, 2023, Port Authority
Trans-Hudson Corporation (Petitioner) submitted a petition seeking
renewal of a waiver. In this notice, FRA is announcing a public hearing
to allow interested persons the opportunity to provide comments on the
petition. FRA is also announcing it is reopening the comment period for
15 days to allow time for interested parties to submit comments on the
petition or in response to views or information provided at the public
hearing.
DATES:
(1) The comment period for the notice published September 19, 2023,
at 88 FR 64515, is reopened. FRA must receive comments on the petition,
or in response to views or information provided at the public hearing,
by April 19, 2024. FRA will consider comments received after that date
to the extent practicable.
(2) A public hearing will be held on April 3, 2024, from 10 a.m.
(ET) to 12 p.m. (ET) in Jersey City, New Jersey.
ADDRESSES:
Public Hearing: The public hearing will be held at One PATH Plaza,
Jersey City, NJ 07306. For those participants wishing to make a
statement at the public hearing, please contact FRA as described under
the Public Participation Procedures heading in the SUPPLEMENTARY
INFORMATION section of this document.
Comments: Comments related to Docket No. FRA-2018-0041 may be
submitted by going to <a href="https://www.regulations.gov">https://www.regulations.gov</a> and following the
online instructions for submitting comments.
Instructions: All submissions must include the agency name and
docket number (FRA-2018-0041). All comments received will be posted
without change to <a href="https://www.regulations.gov">https://www.regulations.gov</a>; this includes any
personal information. Please see the Privacy Act heading in the
SUPPLEMENTARY INFORMATION section of this document for Privacy Act
information related to any submitted comments or materials.
Docket: For access to the docket to read background documents or
comments received, go to <a href="https://www.regulations.gov">https://www.regulations.gov</a> and follow the
online instructions for accessing the docket.
FOR FURTHER INFORMATION CONTACT: Yu-Jiang Zhang, Staff Director--Track
and Structures Division, Federal Railroad Administration, telephone:
202-493-6460, email: <a href="/cdn-cgi/l/email-protection#80f9f5eae9e1eee7aefae8e1eee7c0e4eff4aee7eff6"><span class="__cf_email__" data-cfemail="fd848897949c939ad387959c939abd999289d39a928b">[email protected]</span></a>; or Veronica Chittim,
Attorney Advisor, Federal Railroad Administration, telephone: 202-480-
3410, email: <a href="/cdn-cgi/l/email-protection#d8aebdaab7b6b1bbb9f6bbb0b1acacb1b598bcb7acf6bfb7ae"><span class="__cf_email__" data-cfemail="c9bfacbba6a7a0aaa8e7aaa1a0bdbda0a489ada6bde7aea6bf">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: The purpose of this hearing is to receive
comments in response to a petition to extend relief from certain
requirements of 49 CFR part 214, subpart C. Petitioner should be
present at the hearing and prepared to present evidence that relief
from the definition of fouling the track (49 CFR 214.7, Definitions) in
the 11 locations using bench walls for clearing for trains are
necessary and in the best interest of safety. Several Labor
organizations requested that FRA hold a public hearing on PATH's
renewal petition to receive testimony from all
[[Page 15626]]
parties interested in and affected by this proceeding.\1\
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\1\ See <a href="https://www.regulations.gov/comment/FRA-2018-0041-0015">https://www.regulations.gov/comment/FRA-2018-0041-0015</a>;
<a href="https://www.regulations.gov/comment/FRA-2018-0041-0016">https://www.regulations.gov/comment/FRA-2018-0041-0016</a>.
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Interested parties are invited to present statements and to offer
information and views at the hearing. The hearing will be an informal,
non-adversarial proceeding conducted by a representative FRA designates
under FRA's Rules of Practice (49 CFR 211.25). Therefore, there will be
no cross-examination of persons presenting statements or offering
information. An FRA representative will make an opening statement
outlining the scope of the hearing. Interested parties will then be
provided with an opportunity to make initial statements. After all
initial statements are completed, those persons wishing to make a brief
rebuttal will be given the opportunity to do so, in the same order in
which the initial statements were made. FRA will announce any
additional procedures necessary at the hearing.
There will be a court reporter to record and transcribe comments
presented verbatim at the hearing. FRA will add the verbatim transcript
of the discussions to the public docket in this proceeding.
Public Participation Procedures
Any person: (1) wishing to attend the hearing, (2) make a statement
at the hearing, or (3) both, should notify FRA by contacting Mr.
Timothy Presser, FRA Roadway Worker Protection (RWP)/Roadway
Maintenance Machines (RMM) Specialist, by email at
<a href="/cdn-cgi/l/email-protection#a0d4c9cdcfd4c8d98ed0d2c5d3d3c5d2e0c4cfd48ec7cfd6"><span class="__cf_email__" data-cfemail="0f7b6662607b6776217f7d6a7c7c6a7d4f6b607b21686079">[email protected]</span></a>, no later than April 1, 2024, providing the
following information, as applicable:
(a) The name, affiliation or party represented, email address, and
phone number of the participant.
(b) The subject(s) of the statement and/or presentation the
participant wishes to make, and the amount of time requested.
(c) A copy of the oral statement and/or presentation, if available.
FRA reserves the right to limit participation in the hearing of
persons who fail to follow the public participation procedures as
outlined above, or additional procedures announced at the hearing. FRA
also reserves the right to limit the duration of presentations, as
necessary, to afford all persons the opportunity to speak, or to limit
participation in the hearing of persons who exceed their allotted time
or who discuss topics or issues outside the scope of the petition.
Further, FRA reserves the right to limit in-person attendance at the
hearing, as space is limited; preference in attendance will be provided
to persons requesting to present statements.
FRA is committed to providing equal access to this meeting for all
participants. If you need alternative formats or other reasonable
accommodations to participate in this meeting, please contact FRA RWP/
RMM Specialist Mr. Timothy Presser, by email at
<a href="/cdn-cgi/l/email-protection#9beff2f6f4eff3e2b5ebe9fee8e8fee9dbfff4efb5fcf4ed"><span class="__cf_email__" data-cfemail="3d49545052495544134d4f584e4e584f7d595249135a524b">[email protected]</span></a>, no later than April 1, 2024.
Reopening of Comment Period
FRA is reopening the comment period for 15 days to April 19, 2024,
to allow time for interested parties to submit written comments on the
proposal or in response to views or information provided at the public
hearing.
Privacy Act
In accordance with FRA Order 1100.14G, FRA solicits comments from
the public to better inform its disposition of waivers, exemptions,
block signal applications, and other special approvals under the
Federal railroad safety laws and regulations and in accordance with
FRA's Rules of Practice (Title 49 Code of Federal Regulations (CFR)
Part 211). DOT posts these comments, without edit, to
<a href="http://www.regulations.gov">www.regulations.gov</a>, under docket number FRA-2018-0041, as described in
the system of records notice, DOT/ALL-14 FDMS, accessible through
<a href="https://www.transportation.gov/privacy">https://www.transportation.gov/privacy</a>. To facilitate comment tracking
and response, we encourage commenters to provide their name, or the
name of their organization; however, submission of names is completely
optional. Whether or not commenters identify themselves, all timely
comments will be fully considered. If you wish to provide comments
containing proprietary or confidential information, please contact the
agency for alternate submission instructions.
Issued in Washington, DC.
John Karl Alexy,
Associate Administrator for Railroad Safety, Chief Safety Officer.
[FR Doc. 2024-04510 Filed 3-1-24; 8:45 am]
BILLING CODE 4910-06-P
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