[Federal Register Volume 74, Number 102 (Friday, May 29, 2009)]
[Notices]
[Page 25801]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-12421]


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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket Number FRA-2008-0143]


Port Authority Trans-Hudson Corporation; Notice of Public Hearing

    On January 22, 2009, the Federal Railroad Administration (FRA) 
published a notice in the Federal Register announcing the Port 
Authority Trans-Hudson Corporation's (PATH) request for a waiver of 
compliance from certain provisions of Title 49 Code of Federal 
Regulations (CFR) Part 231 (Railroad safety appliance standards) for 
its newly built PA-5 cars. PATH seeks a waiver of compliance from 
certain provisions of 49 CFR and/or exemption from certain statutory 
provisions of Title 49 U.S.C. Chapter 203 (the ``Safety Appliance 
Law,'' including 49 U.S.C. 20302) as related to hand brakes, sill 
steps, side and end holds, and uncoupling levers.
    PATH indicates that the PA-5 vehicles it plans to utilize are 
equipped with spring-applied/pneumatically released parking brakes, 
versus conventional hand brakes as required by Section 20302. PATH 
further indicates that the parking brakes are capable of holding a 
loaded vehicle on a 5-percent grade, the steepest grade on the PATH 
system. Accordingly, PATH asserts that the parking brakes of its PA-5 
vehicles serve the same purpose as conventional hand brakes and that 
such parking brakes comply with the intent of 49 CFR 231.14(a) and 
238.231(h).
    PATH also indicates that sill steps (required by 49 U.S.C. 20302) 
and side handholds (required by 49 U.S.C. 20302 to aid in coupling and 
uncoupling vehicles) are not necessary for safety on its PA-5 vehicles 
and would not enhance the safety of the vehicles. Noting that 
traditional sill steps and side handholds are intended to facilitate 
conventional switching operations requiring vehicles to be coupled 
manually by individuals from the exterior of the car, PATH explains 
that the PA-5 vehicles are equipped with fully automatic couplers that 
allow ``all mechanical, pneumatic and electrical end connections to be 
coupled or uncoupled without requiring personnel to leave the 
vehicle.'' Further, PATH notes that its safety rules specifically 
prohibit individuals from riding on sill steps, and asserts that given 
the unique characteristics of its operating environment (e.g., the 
continuously energized 650-volt third rail and close wayside 
obstruction clearances), sill steps would pose an unacceptable safety 
risk if individuals should attempt to ride on the steps in violation of 
PATH's safety rules. PATH further notes that its PA-5 vehicles are 
equipped with side door steps and corresponding vertical handholds at 
each of the six side doorways. PATH contends that these side door steps 
and handholds can be used to facilitate employee access to and egress 
from the vehicles should it be necessary.
    Although PATH expresses the view that the PA-5 vehicles' automatic 
couplers eliminate the need for end handholds (required by 49 U.S.C. 
20302 to aid in coupling and uncoupling vehicles), PATH acknowledges 
the concerns expressed by FRA regarding safe access to the manual 
uncoupling handle located on the top of the automatic coupler. Noting 
that the manual uncoupling handle is not intended for normal coupling/
uncoupling operations and is intended to provide a method of manually 
uncoupling the vehicles in the event the automatic coupling function is 
unavailable, PATH proposes to apply two end handholds to each vehicle 
to ``provide an additional grip point to assist a worker when 
operating'' the manual uncoupling lever. In this connection, PATH 
requests a waiver of the specific number and dimension requirements of 
49 CFR 231.14(d).
    Again, noting that the vehicles are equipped with fully automatic 
couplers, along with the fact that normal coupling/uncoupling 
operations are performed from within the vehicle cab, PATH also seeks a 
waiver from the requirement of 49 CFR 231.14(g) for uncoupling levers. 
In support of this request, PATH notes the presence of a manual 
uncoupling handle ``intended for shop use, when a major system 
malfunction occurs, or on rare occasions during an emergency road 
rescue.''
    The Safety Appliance Law mandates that railroad vehicles be 
equipped with (1) handbrakes, (2) sill steps, and (3) side and end 
handholds to aid in coupling and uncoupling vehicles. Because these are 
statutory requirements, FRA cannot waive compliance from these 
provisions. Instead, in accordance with 49 U.S.C. 20306, FRA may exempt 
PATH from these statutory requirements based on evidence received and 
findings developed at a hearing demonstrating that the statutory 
requirements ``preclude the development or implementation of more 
efficient railroad transportation equipment or other transportation 
innovations under existing law.'' Accordingly, in order to receive 
evidence and develop findings to determine whether FRA should invoke 
its discretionary authority under 49 U.S.C. 20306 in this instance, and 
to receive comment on other aspects of PATH's petition relevant to the 
arrangement of safety appliances on its PA-5 cars, a public hearing is 
scheduled to begin at 9 a.m. on Wednesday, June 24, 2009, at the Hilton 
Gateway Hotel, located at Gateway Center, Raymond Boulevard, Newark, 
New Jersey (telephone number (973) 622-5000). Interested parties are 
invited to present oral statements at the hearing. The hearing will be 
informal and will be conducted by a representative designated by FRA in 
accordance with FRA's rules of practice (49 CFR 211.25). The hearing 
will be a non-adversarial proceeding; therefore, there will be no 
cross-examination of persons presenting statements. The FRA 
representative will make an opening statement, outlining the scope of 
the hearing. After all initial statements have been completed, those 
persons wishing to make a brief rebuttal will be given the opportunity 
to do so in the same order in which initial statements were made. 
Additional procedures, as necessary for the conduct of the hearing, 
will be announced at the hearing.
    The petitioners should be present at the hearing and prepared to 
present evidence that the requirements of 49 U.S.C. Chapter 203, for 
which exemption is sought, ``preclude the development or implementation 
of more efficient railroad transportation equipment or other 
transportation innovations under existing law.''

    Issued in Washington, DC, on May 22, 2009.
Grady C. Cothen, Jr.,
Deputy Associate Administrator for Safety Standards and Program 
Development.
[FR Doc. E9-12421 Filed 5-28-09; 8:45 am]
BILLING CODE 4910-06-P