[Federal Register Volume 73, Number 245 (Friday, December 19, 2008)]
[Notices]
[Page 77869]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-30157]


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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 favour of relief.

Port Authority Trans-Hudson Corporation

[Docket Number FRA-2008-0135]

    The Port Authority Trans-Hudson Corporation (PATH) seek a permanent 
waiver of compliance with the Locomotive Safety Standards, 49 CFR 
229.123, which requires that each lead locomotive be equipped with an 
end plate that extends across both rails, a pilot or a snowplow. The 
petition is being made for PATH's new fleet of passenger MU locomotives 
designated as PA-5 cars. Prior to receiving this new fleet of cars, 
PATH had been granted a waiver, Docket Number LI-81-9, from the pilot 
end plate requirement. PATH operated under this waiver over the past 26 
years. PATH operates a closed system with no public highway-rail 
crossings over 13.8 miles between New York, and New Jersey. PATH states 
that the addition of a pilot would interfere with space allocated for 
Communication Based Train Control Equipment to be mounted under the 
cars.
    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-
2008-0135) and may be submitted by any of the following methods:
     Web site: http://www.regulations.gov. Follow the online 
instructions for submitting comments.
     Fax: 202-493-2251.
     Mail: Docket Operations Facility, U.S. Department of 
Transportation, 1200 New Jersey Avenue, SE., W12-140, Washington, DC 
20590.
     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 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://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 December 15, 2008.
Grady C. Cothen, Jr.,
Deputy Associate Administrator for Safety Standards and Program 
Development.
 [FR Doc. E8-30157 Filed 12-18-08; 8:45 am]
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