Petition for Waiver of Compliance, 5294 [2012-2357]

Download as PDF 5294 Federal Register / Vol. 77, No. 22 / Thursday, February 2, 2012 / Notices www.regulations.gov). Paragraph (b) of § 211.45 further provides that FRA will publish a notice in the Federal Register identifying by docket number the ERD for that year. As noted in the rule, FRA’s purpose for establishing the ERD and emergency waiver procedures is to provide an expedited process for FRA to address the needs of the public and the railroad industry during emergency situations or events. This Notice announces that the designated ERD for calendar year 2012 is docket number FRA–2012–0005. As detailed § 211.45, if the FRA Administrator determines that an emergency event as defined in 49 CFR 211.45(a) has occurred, or that an imminent threat of such an emergency occurring exists, and public safety would benefit from providing the railroad industry with operational relief, the emergency waiver procedures of 49 CFR 211.45 will go into effect. In such an event, the FRA Administrator will issue a statement in the ERD indicating that the emergency waiver procedures are in effect and FRA will make every effort to post the statement on its Web site at https://www.fra.dot.gov/. Any party desiring relief from FRA regulatory requirements as a result of the emergency situation should submit a petition for emergency waiver in accordance with 49 CFR 211.45(e) and (f). Specific instructions for filing petitions for emergency waivers in accordance with 49 CFR 211.45 are found at 49 CFR 211.45(f). Specific instructions for filing comments in response to petitions for emergency waivers are found at 49 CFR 211.45(h). Privacy srobinson on DSK4SPTVN1PROD with NOTICES Anyone is able to search all 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 665, Number 7, Pages 19477–78). The statement may also be found at https:// www.dot.gov/privacy.html. Issued in Washington, DC on January 30, 2012. Michael W. Lestingi, Acting Director for the Office of Safety Assurance and Compliance. [FR Doc. 2012–2356 Filed 2–1–12; 8:45 am] BILLING CODE 4910–06–P VerDate Mar<15>2010 17:04 Feb 01, 2012 Jkt 226001 DEPARTMENT OF TRANSPORTATION Federal Railroad Administration [Docket Number FRA–2012–0008] Petition for Waiver of Compliance In accordance with Part 211 of Title 49 of the Code of Federal Regulations (CFR), this document provides the public notice that by a document dated December 20, 2011, the Port Authority Trans-Hudson Corporation (PATH) has petitioned the Federal Railroad Administration (FRA) for a waiver of compliance from certain provisions of the Federal railroad safety regulations contained at 49 CFR part 235. FRA assigned the petition Docket Number FRA–2012–0008. PATH seeks relief from the requirements of 49 CFR 235.5 to expedite successful installation of Positive Train Control (PTC), mandated by the Rail Safety Improvement Act of 2008. In preparation for PTC, PATH needs to install new microprocessor interlocking controls and digital audio frequency track circuits, and add, relocate, remove, and/or modify existing wayside signals, train stops, track circuits, interlocking, and non-vital automatic train supervision controls. This work initially includes certain tracks within PATH’s Harrison Yard and South Street Yard for testing purposes, but will eventually include all mainline revenue tracks, other yard tracks, and terminals as the Automatic Train Control (ATC, which is a type of PTC) system installation progresses. In conjunction with the request, PATH proposes to modify the existing signal system while maintaining compliance with 49 CFR part 236 as provided for under 49 CFR 235.7(c)(24)(vi). This relief would reduce the approval time while still providing FRA review and oversight of the proposed changes in the same manner as pole line elimination projects. PATH’s request would be akin to adding the wording, ‘‘modification of existing signal systems in preparation for the installation and testing of PTC,’’ or the first sentence in 49 CFR 235.7(c)(24)(vi). The relief sought would allow for expedited modification of the existing signal system directly associated with the installation and testing of PTC. This would also reduce the administrative workload for both FRA and PATH. A copy of the petition, as well as any written communications concerning the petition, is available for review online at www.regulations.gov and in person at the U.S. Department of Transportation’s (DOT) Docket Operations Facility, 1200 PO 00000 Frm 00068 Fmt 4703 Sfmt 9990 New Jersey Avenue SE., W12–140, Washington, DC 20590. The Docket Operations Facility is open from 9 a.m. to 5 p.m., Monday through Friday, except Federal Holidays. 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 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 by March 19, 2012 will be considered by FRA before final action is taken. Comments received after that date will be considered as far as practicable. 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), or online at https://www.dot.gov/privacy. html. Issued in Washington, DC, on January 30, 2012. Michael W. Lestingi, Acting Director for the Office of Safety Assurance and Compliance. [FR Doc. 2012–2357 Filed 2–1–12; 8:45 am] BILLING CODE 4910–06–P E:\FR\FM\02FEN1.SGM 02FEN1

Agencies

[Federal Register Volume 77, Number 22 (Thursday, February 2, 2012)]
[Notices]
[Page 5294]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-2357]


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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket Number FRA-2012-0008]


Petition for Waiver of Compliance

    In accordance with Part 211 of Title 49 of the Code of Federal 
Regulations (CFR), this document provides the public notice that by a 
document dated December 20, 2011, the Port Authority Trans-Hudson 
Corporation (PATH) has petitioned the Federal Railroad Administration 
(FRA) for a waiver of compliance from certain provisions of the Federal 
railroad safety regulations contained at 49 CFR part 235. FRA assigned 
the petition Docket Number FRA-2012-0008.
    PATH seeks relief from the requirements of 49 CFR 235.5 to expedite 
successful installation of Positive Train Control (PTC), mandated by 
the Rail Safety Improvement Act of 2008. In preparation for PTC, PATH 
needs to install new microprocessor interlocking controls and digital 
audio frequency track circuits, and add, relocate, remove, and/or 
modify existing wayside signals, train stops, track circuits, 
interlocking, and non-vital automatic train supervision controls.
    This work initially includes certain tracks within PATH's Harrison 
Yard and South Street Yard for testing purposes, but will eventually 
include all mainline revenue tracks, other yard tracks, and terminals 
as the Automatic Train Control (ATC, which is a type of PTC) system 
installation progresses.
    In conjunction with the request, PATH proposes to modify the 
existing signal system while maintaining compliance with 49 CFR part 
236 as provided for under 49 CFR 235.7(c)(24)(vi). This relief would 
reduce the approval time while still providing FRA review and oversight 
of the proposed changes in the same manner as pole line elimination 
projects. PATH's request would be akin to adding the wording, 
``modification of existing signal systems in preparation for the 
installation and testing of PTC,'' or the first sentence in 49 CFR 
235.7(c)(24)(vi).
    The relief sought would allow for expedited modification of the 
existing signal system directly associated with the installation and 
testing of PTC. This would also reduce the administrative workload for 
both FRA and PATH.
    A copy of the petition, as well as any written communications 
concerning the petition, is available for review online at 
www.regulations.gov and in person at the U.S. Department of 
Transportation's (DOT) Docket Operations Facility, 1200 New Jersey 
Avenue SE., W12-140, Washington, DC 20590. The Docket Operations 
Facility is open from 9 a.m. to 5 p.m., Monday through Friday, except 
Federal Holidays.
    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 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 by March 19, 2012 will be considered by FRA 
before final action is taken. Comments received after that date will be 
considered as far as practicable.
    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), or online at https://www.dot.gov/privacy.html.

    Issued in Washington, DC, on January 30, 2012.
Michael W. Lestingi,
Acting Director for the Office of Safety Assurance and Compliance.
[FR Doc. 2012-2357 Filed 2-1-12; 8:45 am]
BILLING CODE 4910-06-P

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