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. 

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: 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 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 

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. 


rmajette on PRODPC74 with NOTICES
Federal Register / Vol. 74, No. 13 / Thursday, January 22, 2009 / Notices 4075 

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 2008–0143) 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 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 January 14, 

2009. 

Grady C. Cothen, Jr., 

Deputy Associate Administrator for Safety 

Standards and Program Development. 

[FR Doc. E9–1223 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. 

R. J. Corman Railroad 

[Docket Number FRA–2008–0099] 

R.J. Corman (RJC), a Class III Railroad, 

petitioned for waiver of compliance 

from certain provisions of the steam 

locomotive safety standards as 

prescribed by 49 CFR 230.105(a) Lateral 

motion, for one steam locomotive used 

in tourist/excursion service. 

Specifically, this waiver request applies 

to locomotive number RJC 2008, with 

boiler number 7040. The Class QJ, 2– 

10–2 locomotives were built by the 

Datong Locomotive Works, China. The 

Datong Works constructed 4,714 

locomotives of this type between 1967 

and 1988. The maximum operating 

speed for this type of locomotive is 50 

mph. 

Locomotive number RJC 2008 

received a standard 250,000 km 

overhaul, a Class 3 repair in China prior 

to being shipped to the United States. 

The manufacturer’s specifications for 

the QJ Class locomotive require a total 

lateral clearance of 20 mm (0.787 inch) 

on the number 1 and 5 driving axle, 

with a 4 mm (0.157 inch) clearance for 

the three center axles (no. 2–4). All tire 

back-to-back spacing is at 1,252 mm 

(53.267 inches). The purpose for this 

specification is to allow a locomotive 

with a long rigid wheelbase to negotiate 

a curve up to 15.2 degrees. The lateral 

wear limit for all driving axles is 10 mm 

(0.393 inch) over the original 

dimensions. In summary, by design and 

as built, model QJ locomotive exceeds 

the U.S. limit of 0.75 inch for allowable 

lateral clearance for driving axles 

number 1 and 5 as specified by 49 CFR 

230.105(a). 

RJC requests relief from the 

requirements of 49 CFR 230.105(a) for 

driving axles numbers 1 and 5 to allow 

for a maximum lateral clearance of up 

to 30 mm (1.181 inches). This is 

consistent with the manufacturer’s 

design specification, and the operating 

experience of the China National 

Railway. In addition, the locomotive 

will be maintained in accordance with 

the requirements of 49 CFR 230.105(c) 

to ensure that no part of the running 

gear interfere with any other part of the 

steam locomotive. 

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– 

0099) 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 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). 


rmajette on PRODPC74 with NOTICES