[Federal Register Volume 60, Number 83 (Monday, May 1, 1995)]
[Notices]
[Pages 21234-21235]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-10599]



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DEPARTMENT OF TRANSPORTATION

Petition for Exemption or Waiver of Compliance

    In accordance with title 49 CFR sections 211.9 and 211.41, notice 
is hereby given that the Federal Railroad Administration (FRA) has 
received from the Port Authority Trans-Hudson Corporation (PATH) 
requests for waivers of compliance with requirements of Federal rail 
safety standards. The petitions are described below, including the 
regulatory provisions involved and the nature of the relief being 
requested.
    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 LI-94-1) 
and must be submitted in triplicate to the Docket Clerk, Office of 
Chief Counsel, FRA, Nassif Building, 400 Seventh Street SW., 
Washington, D.C. 20590. Communications received within 45 days of the 
date of publication 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 (9:00 a.m.-5:00 p.m.) in Room 8201, Nassif Building, 400 Seventh 
Street SW., Washington, D.C. 20590.

Port Authority Trans-Hudson Corporation [Waiver Petition Docket Number 
LI-94-1]

    The Port Authority Trans-Hudson Corporation (PATH) seeks a 
permanent exemption from the requirement of installing and maintaining 
event recorders on each of its multiple unit (MU) electric cars, as 
required by Title 49 CFR Part 229. Section 229.135 requires that all 
trains operating over 30 mph be equipped with event recorders by May 5, 
1995.
    PATH operates a 13.8 mile rapid transit system between New Jersey 
and New York. Approximately one-half of the trackage is below ground 
level. Over 1,248 train movements per day carry approximately 199,000 
passengers five days per week. Four major terminals and nine 
intermediate stations serve the closed system. Of PATH's total fleet of 
342 cars, 260 would require event recorders. PATH has 10 different 
speed limits ranging from 8 to 55 mph with average speed over the 
system being approximately 20 mph.
    In FRA Docket LI-81-9, the requirements of Title 49 CFR 229.117 
were waived as they pertain to PATH. That section required that all 
locomotives operating over 20 mph must be equipped with a speed 
indicator. The requirement that each lead locomotive be equipped with a 
pilot, snow plow or end plate was also waived.
    The petitioner cites that since they are excluded from the speed 
indicator requirements, then they likewise should be excluded from the 
event recorder requirements since speed is the most important of the 
recorded functions.

Port Authority Trans-Hudson Corporation [Waiver Petition Docket Number 
PB-94-2]

    The Port Authority Trans-Hudson Corporation (PATH) seeks a 
permanent waiver of compliance with certain provisions of the Railroad 
Power Brake and Drawbars Regulation, Title 49 CFR Part 232. PATH is 
requesting an exemption from the requirement of conducting a rear car 
application and release test of the air brakes at stub end or 
intermediate terminals when changing operating ends on rapid transit 
passenger trains. Title 49 CFR Section 232.13(c)(1) states:

    At a point other than an initial terminal where a locomotive or 
caboose is changed, or where one or more consecutive cars are cut 
off from the rear end or head end of a train with the consist 
otherwise remaining intact, after the train brake system is charged 
to within 15 pounds of the feed valve setting on the locomotive, but 
not less than 60 pounds as indicated at the rear of a freight train 
and 70 pounds on a passenger train, a 20-pound brake pipe reduction 
must be made and it must be determined that the brakes on the rear 
car apply and release. As an alternative to the rear car brake 
application and release test, it shall be determined that brake pipe 
pressure of the train is being reduced as indicated by a rear car 
gauge or device and then that brake pipe pressure of the train is 
being restored as indicated by a rear car gauge or device.

    PATH's MU electric cars utilize a dynamic brake through the 
propulsion system, an electropneumatic tread brake actuated at each 
wheel and a hand operated parking brake. During service braking the 
dynamic brake is fully effective down to 10 mph after which the 
friction brake is used to stop the car. An emergency brake application 
provides maximum braking effort by the electropneumatic system with the 
dynamic nullified.
    PATH's present operation requires the FRA mandated initial terminal 
train air brake test when a train is first put in service or the 
consist is changed. At stub end or intermediate terminals where the 
engineer changes operating ends, no operation is performed that would 
interrupt the air lines. PATH states that should a failure occur that 
interrupted the flow of air on the train, the engineer, on changing 
ends and charging his train, would not get proper brake pipe pressure 
nor engineer's indication in his operating cab. This lack of indication 
advises the engineer that something is wrong and procedures are 
implemented to determine the source of the problem. PATH believes this 
indication circuit provides adequate and reliable protection in the 
event of a trainline failure, and performing a stub end or intermediate 
terminal air brake test is unnecessary. PATH estimates that compliance 
with Section 232.13(c)(1) would require 21 additional cars, 6 
additional engineers and 6 additional conductors to maintain the 
present level of service due to the increased time required for the 
test.

    [[Page 21235]] Issued in Washington, D.C. on April 25, 1995.
Phil Olekszyk,
Deputy Associate Administrator for Safety Compliance and Program 
Implementation.
[FR Doc. 95-10599 Filed 4-28-95; 8:45 am]
BILLING CODE 4910-06-P