[Federal Register Volume 67, Number 134 (Friday, July 12, 2002)]
[Notices]
[Page 46243]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-17572]


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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 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-2002-12409]

    The Port Authority Trans-Hudson Corporation (PATH) seeks a waiver 
of compliance from the requirements of [49 CFR 238.305(c)(10)] and [49 
CFR 238.317(a)(1)] of the Passenger Equipment Safety Standards. Section 
238.305(c)(10) requires all end doors and side doors to operate safely 
and as intended. A non-complying car may continue in passenger service 
pursuant to paragraph (d) of this section, if, at least one operative 
and accessible door is available on each side of the car; and a notice 
is prominently displayed directly on the defective door indicating that 
the door is defective. Section 238.305(d) allows a passenger car found 
not to be in compliance with the requirements contained in paragraphs 
(c)(10) at the time of its interior calendar day mechanical inspection 
to remain in passenger service until the car's next interior calendar 
day mechanical inspection where it must be repaired or removed from 
passenger service.
    PATH's request was for (MU) passenger cars equipped with two and 
three double leaf side doors on each side of the car. These cars are 
allowed to operate beyond the next interior calendar day inspection for 
up to eight days after the requirements of 238.305(d)(1), (2), and (3) 
are met. Section 238.305 (d) requires that: (1) A qualified person or a 
qualified maintenance person determines that the repairs necessary to 
bring the car into compliance cannot be performed at the time that the 
current day's interior mechanical inspection is conducted; (2) A 
qualified person or a qualified maintenance person determines that it 
is safe to move the equipment in passenger service; and (3) A record is 
maintained of the non-complying condition with the date and time that 
the condition was first discovered.
    Section 238.317(a)(1) requires that whenever the control stand used 
to control the train is changed, a Class II brake test shall be 
performed prior to the train's departure from the terminal. PATH 
requests partial relief from this requirement. PATH does not want to 
perform this brake test when the train's terminal dwell time is less 
then five minutes because the conductor would not have time to perform 
the test at the rear of the train and walk forward to his operating 
position between the first and second car.
    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-
2002-12409) and must be submitted to the Docket Clerk, DOT Central 
Docket Management Facility, Room P1-401, Washington, DC 20590-0001. 
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://dms.dot.gov.

    Issued in Washington, DC, on July 8, 2002.
Grady C. Cothen, Jr.,
Deputy Associate Administrator for Safety Standards and Program 
Development.
[FR Doc. 02-17572 Filed 7-11-02; 8:45 am]
BILLING CODE 4910-06-P