[Federal Register Volume 67, Number 194 (Monday, October 7, 2002)]
[Notices]
[Pages 62518-62519]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-25406]


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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-2002-12936]

    The Port Authority Trans-Hudson Corporation (PATH) seeks a 
temporary waiver of compliance until December 31, 2003, for one 
locomotive from the requirements of the Railroad Safety Appliance 
Safety Standards, 49 CFR 231.30(a)(2), which requires all locomotives 
used in switching service built prior to April 1, 1977, be equipped 
with four switching steps. The locomotive for which the waiver is 
requested is a 42-ton General Electric diesel switcher style locomotive 
without switching steps. PATH is leasing the locomotive for use by a 
contractor. They also state that the locomotive was refurbished in 
April 2002, and that it is physically impossible to modify the 
locomotive to incorporate switching steps.
    If the request is granted, PATH will utilize the locomotive during 
the reconstruction of their system damaged during the terrorist attack 
on the World Trade Center on September 11, 2001. The locomotive would 
be utilized to transport materials and equipment to and from a 
construction site at a speed not to exceed 15 mph. PATH needs the 
waiver because the locomotive would travel for approximately one mile 
over PATH's main line, from PATH's ``C'' yard in Jersey City, New 
Jersey to Exchange Place Station. The construction site extends west of 
Exchange Place and is off limits to any passenger service.
    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-
2002-12936) and must be submitted to the Docket Clerk, DOT Central 
Docket Management Facility, Room PL-401 (Plaza Level), 400 Seventh 
Street, SW., Washington, DC 20590-0001. 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

[[Page 62519]]

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 September 25, 2002.
Grady C. Cothen, Jr.,
Deputy Associate Administrator for Safety Standards and Program 
Development.
[FR Doc. 02-25406 Filed 10-4-02; 8:45 am]
BILLING CODE 4910-06-P