[Federal Register Volume 73, Number 166 (Tuesday, August 26, 2008)]
[Notices]
[Page 50398]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-19673]


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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

[Docket Number FRA-2008-0085]

    The Port Authority Trans-Hudson Corporation (PATH), seeks a waiver 
of compliance from certain provisions of Safety Appliance Standards, 49 
CFR Part 231, that requires a sill step, side, and end handhold on each 
side and each end of a passenger car. Specifically, the PATH request is 
to use an alternate location of the sill step and side handhold and not 
install end handholds 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 other railroads with no highway rail crossings. 
Currently, PATH operates 326 vehicles of similar comparable design 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 a 
waiver of certain provisions of FRA requirements, 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.
    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 2008-
0085) and may be submitted by any of the following methods:
    <bullet> Web site: http://www.regulations.gov. Follow the online 
instructions for submitting comments.
    <bullet> Fax: 202-493-2251.
    <bullet> Mail: Docket Operations Facility, U.S. Department of 
Transportation, 1200 New Jersey Avenue, SE., W12-140, Washington, DC 
20590.
    <bullet> 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 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 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 August 20, 2008.
Grady C. Cothen, Jr.,
Deputy Associate Administrator for Safety Standards and Program 
Development.
[FR Doc. E8-19673 Filed 8-25-08; 8:45 am]
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