[Federal Register Volume 74, Number 13 (Thursday, January 22, 2009)]
[Notices]
[Pages 4073-4074]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-1222]


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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 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.

New Jersey Transit Rail

[Docket Number FRA-2008-0097]

    The New Jersey Transit Rail (NJ Transit) seeks a waiver of 
compliance from certain provisions of 49 CFR Part 218, Railroad 
Operating Practices. Specifically, NJ Transit is requesting a waiver of 
Blue Signal Requirements as prescribed in 49 CFR 218.29(c)(1) at their 
Morrisville Yard facility located in Morrisville, PA.

[[Page 4074]]

    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 Sec.  
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:
    <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 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]
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