[Federal Register Volume 66, Number 44 (Tuesday, March 6, 2001)]
[Notices]
[Page 13622]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-5405]


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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration


Petition for Waivers of Compliance

    In accordance with Title 49 Code of Federal Regulations (CFR), 
Section 211.41, notice is hereby given that the Federal Railroad 
Administration (FRA) received a request for waiver of certain 
requirements of the Federal railroad safety regulations. The individual 
petition is described below, including the party seeking relief, the 
regulatory provisions involved, and the nature of the relief being 
sought.

The Port Authority Trans-Hudson Corporation

[FRA Waiver Petition No. FRA-2000-7411]

    The Port Authority Trans-Hudson Corporation (PATH) seeks a 
permanent waiver of compliance from certain requirements of 49 CFR, 
Part 239, Passenger Train Emergency Preparedness. Specifically, PATH 
requests relief from the emergency equipment requirements in 
Sec. 239.101(a)(6)(i) that the fire extinguisher and pry-bar be 
accessible to the riding public for use in the event of an emergency 
situation. PATH argues that its practice of securing the fire 
extinguisher and pry-bar away from public access is in the public's 
interest, and contends that public safety is enhanced by restricting 
access only to crew members. PATH requests that FRA waive the public 
access requirement and allow PATH to continue to maintain the emergency 
equipment in a secure manner without permitting the riding public to 
use it during an emergency. In support of its request, PATH states that 
in times of emergency, the public address system can facilitate 
communication to train crew members, who would then unlock the lockers 
where the fire extinguisher and pry-bar are stored. PATH also notes 
that the locking of these items of emergency equipment can protect the 
public from harm, since the equipment would not be missing due to cases 
of vandalism or theft, and would therefore be in its proper location at 
the time of an emergency.
    PATH also seeks a permanent waiver of compliance from certain 
requirements of 49 CFR Part 229, Locomotive Safety Standards. 
Specifically, PATH requests relief from the requirements of Sec. 229.7, 
Prohibited acts, which mandates that a locomotive and its appurtenances 
must be in proper working condition and safe to operate in the service 
to which assigned, and from Sec. 229.9, Movement of non-complying 
locomotives, which set forth the conditions under which a railroad may 
move a non-complying locomotive. PATH seeks to lessen the impact of 
dead cars (MU type locomotives) in its operation. PATH proposes to 
operate one dead car (MU type locomotive car) per consist of not less 
than seven cars, up to 24 hours prior to removing the car from service 
for the purpose of repair. PATH states that it would not allow a dead 
car to operate in the lead as the controlling car of the movement, and 
that operating crews of such trains would be notified in writing about 
the presence of the defective car prior to the movement of the train.
    Interested parties are invited to participate in these proceedings 
by submitting written reviews, data, or comments. If any interested 
party desires the opportunity for oral comment, FRA must be notified in 
writing before the end of the comment period, and the party must 
specify the basis for the request. FRA will then determine whether to 
schedule a public hearing in connection with these proceedings. See 49 
CFR 211.25.
    All communications concerning these proceedings should identify the 
appropriate docket number (e.g., Waiver Petition Docket Number FRA-
2000-7411) and must be submitted to the Docket Clerk, DOT Docket 
Management Facility, Room PL-401 (Plaza Level), 400 Seventh Street, 
SW., Washington, DC 20590. All documents in the public docket, 
including PATH's waiver request, are also available for inspection and 
copying on the Internet at the docket facility's web site at http://dms.dot.gov. Communications received within 45 days from 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 (9:00 a.m.-
5 p.m.) at the above facility.

    Issued in Washington, D.C., on February 22, 2001.
Grady C. Cothen, Jr.,
Deputy Associate Administrator for Safety Standards and Program 
Development.
[FR Doc. 01-5405 Filed 3-5-01; 8:45 am]
BILLING CODE 4910-06-P