[Federal Register Volume 76, Number 160 (Thursday, August 18, 2011)]
[Notices]
[Pages 51463-51464]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-21094]


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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket Number FRA-2010-0034]


Petition for Waiver of Compliance

    In accordance with part 211 of Title 49 Code of Federal Regulations 
(CFR), this document provides the public notice that by a document 
dated July 15, 2011, Port Authority Trans-Hudson Corporation (PATH) has 
petitioned the Federal Railroad Administration (FRA) for a waiver of 
compliance from certain provisions of the Federal railroad safety 
regulations contained at 49 CFR part 236. FRA has previously assigned 
all PATH Positive Train Control (PTC)-related documentation Docket 
Number FRA-2010-0034, and is adding this waiver request to that docket.
    PATH seeks a waiver from compliance with PTC system requirements 
found at 49 CFR Section 236.1006, Equipping locomotives operating in 
PTC territory. Specifically, this petition is made in connection with 
the implementation of PATH's Automatic Train Control (ATC) project and 
the plan to use unequipped PA-4 cars as maintenance-of-way (MOW) work 
equipment. PATH is currently in the process of implementing an ATC 
system using communications-based train control (CBTC) technology 
throughout the PATH rail network, as described in the Positive Train 
Control Implementation and Development Plans previously submitted for 
FRA approval. As part of that program, PATH will be equipping all A-
cars (cab control cars) of the new PA-5 fleet with onboard ATC 
equipment. By December 31, 2015, PATH's passenger carrying fleet will 
consist of only multiple-unit train consists made of PA-5 cars, and as 
such, PATH's operation will be in compliance with the new PTC rule. An 
important element of the new ATC system implementation at PATH will be 
the incorporation of a track-circuit-based Secondary Train Detection 
System (STDS) incorporating wayside signals and automatic train stops 
(trip stops). The STDS will provide for safe

[[Page 51464]]

operation of both PA-5 trains with failed ATC equipment, and MOW work 
equipment that will not be fitted with onboard ATC equipment.
    It is PATH's intention to retire the existing PA-4 fleet from 
passenger service, but to retain some of these PA-4 cars to function as 
MOW work equipment. PATH will modify the interiors of some of these 
vehicles so that they are configured to transport tools and equipment. 
The PA-4 work vehicles would retain their trip cock equipment, and as 
such, the STDS would provide enforced braking for these vehicles at 
stop (red) signals. Further, since the PA-4 cars reliably shunt track 
circuits, they will be continuously detected by both the STDS and the 
CBTC system, thereby preventing train-to-train collisions.
    PATH's justification for relief is that the proposed use of non-
equipped PA-4 vehicles for MOW work equipment does not introduce any 
new or different safety hazards to the existing operation, and provides 
additional safety elements not available for other types of MOW 
equipment. The installation of the ATC and/or CBTC systems and the STDS 
by December 31, 2015, in conjunction with well-established operating 
rules and procedures, will in fact provide enhanced safety for such 
operations.
    A copy of the petition, as well as any written communications 
concerning the petition, is available for review online at http://www.regulations.gov and in person at the U.S. Department of 
Transportation's (DOT) Docket Operations Facility, 1200 New Jersey 
Avenue, SE., W12-140, Washington, DC 20590. The Docket Operations 
Facility is open from 9 a.m. to 5 p.m., Monday through Friday, except 
Federal holidays.
    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 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 by October 3, 2011 will be considered by 
FRA before final action is taken. Comments received after that date 
will be considered as far as practicable.
    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) or at http://www.dot.gov/privacy.html.

    Issued in Washington, DC, on August 12, 2011.
Robert C. Lauby,
Deputy Associate Administrator for Regulatory and Legislative 
Operations.
[FR Doc. 2011-21094 Filed 8-17-11; 8:45 am]
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