[Federal Register Volume 75, Number 126 (Thursday, July 1, 2010)]
[Notices]
[Page 38170]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-16067]
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DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
Petition for Waiver of Compliance
In accordance with part 211 of title 49 Code of Federal Regulations
(CFR), notice is hereby given that the Federal Railroad Administration
(FRA) received a request for a waiver of compliance with certain
requirements of its safety standards. The individual petition is
described below, including the party seeking relief, the regulatory
provisions involved, the nature of the relief being requested, and the
petitioner's arguments in favor of relief.
Port Authority Trans-Hudson Corporation
[Waiver Petition Docket Number FRA-2010-0104]
The Port Authority Trans-Hudson Corporation (PATH) seeks a waiver
of compliance with the Locomotive Safety Standards, 49 CFR
229.129(b)(2), which requires that the sound level of horns of
locomotives manufactured before September 18, 2006, be tested before
June 24, 2010.
PATH operates a closed interstate rail transit system between New
York and New Jersey, with no public highway-rail grade crossings. PATH
is in the process of replacing its entire fleet of electric MU rail
cars used in passenger service. To date, 122 new cars have been
delivered and are in compliance with horn testing requirements for
locomotives built after September 18, 2006. PATH continues to operate
223 electric MU railcars manufactured prior to the September 18, 2006,
date that require testing. PATH will scrap all but 52 of the cars built
prior to September 18, 2006, over the next 18 months. The 52 remaining
cars will be used as work cars (maintenance of way).
PATH states that due to the size of the railroad, there is only one
location (Harrison Yard) that meets the criteria of the horn testing
requirements. This a storage yard, and to utilize this facility, would
cause PATH to hold 4 storage tracks out of service which would cripple
PATH's operation. PATH requests a waiver from the horn testing
requirements for the cars that were manufactured prior to September 18,
2006, that will be scraped within the next 18 months and a reasonable
extension of time period to test the 52 cars they will retain for work
service.
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, 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 (e.g., Waiver Petition Docket Number 2010-
0104) and may be submitted by any of the following methods:
Web site: http://www.regulations.gov. Follow the online
instructions for submitting comments.
Fax: 202-493-2251.
Mail: Docket Operations Facility, U.S. Department of
Transportation, 1200 New Jersey Avenue, SE., W12-140, Washington, DC
20590.
Hand Delivery: 1200 New Jersey Avenue, SE., Room W12-140,
Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays.
Communications received within 30 days of the date of this notice
will be considered by FRA before final action is taken. Comments
received after that date will be considered as far as practicable. All
written communications concerning these proceedings are available for
examination during regular business hours (9 a.m.-5 p.m.) at the above
facility. All documents in the public docket are also available for
inspection and copying on the Internet at the docket facility's web
site at http://www.regulations.gov.
Anyone is able to 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 comment,
if submitted on behalf of an association, business, labor union, etc.).
You may review DOT's complete Privacy Act Statement in the Federal
Register published on April 11, 2000 (Volume 65, Number 70; Pages
19477-78).
Issued in Washington, DC, on June 25, 2010.
Michael J. Logue,
Deputy Associate Administrator for Safety Compliance and Program
Implementation.
[FR Doc. 2010-16067 Filed 6-30-10; 8:45 am]
BILLING CODE 4910-06-P