Petition for Waiver of Compliance, 4073-4074 [E9-1222]

Download as PDF Federal Register / Vol. 74, No. 13 / Thursday, January 22, 2009 / Notices 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 https://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 January 14, 2009. Grady C. Cothen, Jr., Deputy Associate Administrator for Safety Standards and Program Development. [FR Doc. E9–1203 Filed 1–21–09; 8:45 am] BILLING CODE 4910–06–P 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) has received a request for a waiver of compliance from 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. Metropolitan Transit Authority rmajette on PRODPC74 with NOTICES [Waiver Petition Docket Number FRA–2008– 0156] The Metropolitan Transit Authority (MTA), on behalf of the Long Island Rail Road (LIRR) and Metro-North Commuter Rail (MNCW), seeks approval for a waiver of compliance with the requirements of the Passenger Equipment Safety Standards contained in 49 CFR 238.105(d)(1), train electronic hardware and software safety. Section 49 CFR 238.105(d)(1) states that: ‘‘Hardware and software that controls or monitors a train’s primary braking system shall either: (I) Fail safely by initiating a full service brake application in the event of a hardware or software VerDate Nov<24>2008 14:47 Jan 21, 2009 Jkt 217001 failure that could impair the ability of the engineer to apply or release the brakes; or (ii) Access to direct manual control of the primary braking system (both service and emergency braking) shall be provided to the engineer.’’ This waiver is for over 1,000 M–7 electric MU’s already being operated over LIRR and MNCW. The braking software provided by the manufacturer only partly meets the above requirements. The railroad requests that an application of only emergency brakes in the event of a loss of power, or failure (hardware and software), of the friction brake control unit be allowed in lieu of either the requirement for a full service brake application or restoration of direct manual control of the primary braking system to the operator. The electric MU locomotives brake systems were provided by Knorr Brake Corporation and the electronic control logic was provided by Mitsubishi Electric Company. The railroad explains in their petition that the full service brake application is transmitted electronically to an analog converter which provides pneumatic brake force through application and release magnet valves. Emergency brake function is provided by venting brake pipe to initiate a trainline brake application. Emergency brake application can be initiated via the Master Controller, the B3C conductors valve, or by loss of trainline power to the emergency magnet valve circuit causing trainline to vent to atmosphere causing the brakes over the entire consist to apply at an emergency rate. 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 FRA–2008– 0156) and may be submitted by any of the following methods: • Web site: https:// 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, S.E., W12–140, Washington, DC 20590. • Hand Delivery: 1200 New Jersey Avenue, SE., Room W12–140, PO 00000 Frm 00093 Fmt 4703 Sfmt 4703 4073 Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. Communications received within 45 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 https://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 January 14, 2009. Grady C. Cothen, Jr., Deputy Associate Administrator for Safety Standards and Program Development. [FR Doc. E9–1216 Filed 1–21–09; 8:45 am] BILLING CODE 4910–06–P 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 from 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. New Jersey Transit Rail [Docket Number FRA–2008–0097] The New Jersey Transit Rail (NJ Transit) seeks a waiver of compliance from certain provisions of 49 CFR Part 218, Railroad Operating Practices. Specifically, NJ Transit is requesting a waiver of Blue Signal Requirements as prescribed in 49 CFR 218.29(c)(1) at their Morrisville Yard facility located in Morrisville, PA. E:\FR\FM\22JAN1.SGM 22JAN1 rmajette on PRODPC74 with NOTICES 4074 Federal Register / Vol. 74, No. 13 / Thursday, January 22, 2009 / Notices Equipment servicing and storage facilities (yards) on NJ Transit have often evolved from older facilities with limited area for expansion. Tack lengths are limited, while equipment consists have been lengthened to accommodate increased passenger ridership. Newer facilities are restricted by the cost or unavailability of required land. Therefore, at certain locations, track must typically be utilized to its capacity. Morrisville Yard is a facility where the tracks are utilized to capacity. The current Mechanical Department workforce at this facility includes approximately 200 employees servicing approximately 30 trains per day. The allotted times for servicing equipment is restricted due to train availablity, time of day, and train scheduling requirements. Currently, there are 18 tracks utilized for inspection, servicing, and repair, which require Blue Signal Protection. The maximum track space on each track is being used to accommodate the current length of the train consists. A Transportation Department Yardmaster is responsible for controlling train movements within the facility, and to coordinate maintenance with the Mechanical Department. Since these 18 tracks are not under the control of the Mechanical Department, if a derail is used for the protection of workers, Federal law requires the derail to be placed 150 feet away from the equipment requiring Blue Signal Protection. This greatly restricts the train lengths that can be placed on these tracks. In addition, lining and locking a track switch away from the track being protected will restrict the amount of equipment that can be simultaneously inspected, serviced, or repaired. NJ Transit believes that the current 5 mph speed limit in effect at the Morrisville facility along with positioning a locked derail 50 feet from the equipment being protected, as prescribed in § 218.29(a)(4), will provide effective Blue Signal Protection for employees working on the equipment. In addition, a Transportation Department Yardmaster is on duty 24 hours a day, seven days a week, to control train movements and coordinate maintenance activities with Mechanical Department Supervisors. NJ Transit Timetable Special Instructions restricts the speed of Morrisville facility tracks 1–18 to not more than 5 mph. NJ Transit declares that this waiver is needed to ensure timely inspections, servicing, and repairs to trains, so that they can meet the needs of their customers. VerDate Nov<24>2008 14:47 Jan 21, 2009 Jkt 217001 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 FRA–2008– 0097) and may be submitted by any of the following methods: • Web site: https:// 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 https://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 January 14, 2009. Grady C. Cothen, Jr., Deputy Associate Administrator for Safety Standards and Program Development. [FR Doc. E9–1222 Filed 1–21–09; 8:45 am] BILLING CODE 4910–06–P PO 00000 Frm 00094 Fmt 4703 Sfmt 4703 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 [Docket Number FRA–2008–0143] The Port Authority Trans-Hudson Corporation (PATH), seeks a waiver of compliance from certain provisions of Safety Appliance Standards, Title 49 CFR Part 231, that requires a sill step, a side and end handhold, handbrake, end handrails, side door steps and uncoupling levers on newly built PA–5 cars. Specifically, PATH’s request is to use an alternate compliance of safety appliance arrangements for the production of PATH’s new fleet of passenger cars in passenger train service. PATH operates on 13.8 miles of an interstate rail transit system between five major terminals and eight intermediate stations linking New Jersey and New York. The PATH system is a closed system, does not interchange and has no highway rail crossings. Currently PATH is an inter-urban rapid transit system operating 326 electrically powered, multiple unit vehicles that receive 650 volts transmitted by third rail of similar comparable design. PATH operates with relatively short headways and high platforms over a system that one-half of which is located in tunnels below ground level carrying 250,000 passengers in a 24-hour period. There is no interchange of car equipment between PATH and any rapid transit system or railroad. Because of the unique characteristics of PATH, that is more representative of an inter-urban rapid transit system, PATH requests waiver of certain provisions of FRA requirements related to safety appliances which they believe are not totally applicable. PATH also believes that in the past, FRA, while asserting jurisdiction over PATH, has acknowledged that PATH’s operations are analogous to that of an inter-urban rapid transit system. E:\FR\FM\22JAN1.SGM 22JAN1

Agencies

[Federal Register Volume 74, Number 13 (Thursday, January 22, 2009)]
[Notices]
[Pages 4073-4074]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-1222]


-----------------------------------------------------------------------

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 from 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.

New Jersey Transit Rail

[Docket Number FRA-2008-0097]

    The New Jersey Transit Rail (NJ Transit) seeks a waiver of 
compliance from certain provisions of 49 CFR Part 218, Railroad 
Operating Practices. Specifically, NJ Transit is requesting a waiver of 
Blue Signal Requirements as prescribed in 49 CFR 218.29(c)(1) at their 
Morrisville Yard facility located in Morrisville, PA.

[[Page 4074]]

    Equipment servicing and storage facilities (yards) on NJ Transit 
have often evolved from older facilities with limited area for 
expansion. Tack lengths are limited, while equipment consists have been 
lengthened to accommodate increased passenger ridership. Newer 
facilities are restricted by the cost or unavailability of required 
land. Therefore, at certain locations, track must typically be utilized 
to its capacity.
    Morrisville Yard is a facility where the tracks are utilized to 
capacity. The current Mechanical Department workforce at this facility 
includes approximately 200 employees servicing approximately 30 trains 
per day. The allotted times for servicing equipment is restricted due 
to train availablity, time of day, and train scheduling requirements. 
Currently, there are 18 tracks utilized for inspection, servicing, and 
repair, which require Blue Signal Protection. The maximum track space 
on each track is being used to accommodate the current length of the 
train consists. A Transportation Department Yardmaster is responsible 
for controlling train movements within the facility, and to coordinate 
maintenance with the Mechanical Department. Since these 18 tracks are 
not under the control of the Mechanical Department, if a derail is used 
for the protection of workers, Federal law requires the derail to be 
placed 150 feet away from the equipment requiring Blue Signal 
Protection. This greatly restricts the train lengths that can be placed 
on these tracks. In addition, lining and locking a track switch away 
from the track being protected will restrict the amount of equipment 
that can be simultaneously inspected, serviced, or repaired.
    NJ Transit believes that the current 5 mph speed limit in effect at 
the Morrisville facility along with positioning a locked derail 50 feet 
from the equipment being protected, as prescribed in Sec.  
218.29(a)(4), will provide effective Blue Signal Protection for 
employees working on the equipment. In addition, a Transportation 
Department Yardmaster is on duty 24 hours a day, seven days a week, to 
control train movements and coordinate maintenance activities with 
Mechanical Department Supervisors. NJ Transit Timetable Special 
Instructions restricts the speed of Morrisville facility tracks 1-18 to 
not more than 5 mph. NJ Transit declares that this waiver is needed to 
ensure timely inspections, servicing, and repairs to trains, so that 
they can meet the needs of their customers.
    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 FRA-
2008-0097) and may be submitted by any of the following methods:
     Web site: https://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 https://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 January 14, 2009.
Grady C. Cothen, Jr.,
Deputy Associate Administrator for Safety Standards and Program 
Development.
[FR Doc. E9-1222 Filed 1-21-09; 8:45 am]
BILLING CODE 4910-06-P