Federal Register / Vol. 74, No. 102 / Friday, May 29, 2009 / Notices 25801 

By the Board, Rachel D. Campbell, 

Director, Office of Proceedings. 

Jeffrey Herzig, 

Clearance Clerk. 

[FR Doc. E9–12336 Filed 5–27–09; 8:45 am] 

BILLING CODE 4915–01–P 

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 

DEPARTMENT OF THE TREASURY 

Submission for OMB Review; 

Comment Request 

May 20, 2009. 

The Department of Treasury will 

submit the following public information 

collection requirement(s) to OMB for 

review and clearance under the 

Paperwork Reduction Act of 1995, 

Public Law 104–13 on or after the date 

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