[Federal Register Volume 76, Number 234 (Tuesday, December 6, 2011)]
[Notices]
[Page 76218]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-31227]


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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket Number FRA-2011-0091]


Petition for Waiver of Compliance

    In accordance with Part 211 of Title 49 of the Code of Federal 
Regulations (CFR), this document provides the public notice that by a 
document dated November 15, 2011, New Jersey Transit (NJT) has 
petitioned the Federal Railroad Administration (FRA) for a waiver of 
compliance from certain provisions of the Federal railroad safety laws 
or regulations contained at Title 49 U.S.C. Section 20302. FRA assigned 
the petition Docket Number FRA-2011-0091.
    Specifically, NJT is seeking relief from 49 U.S.C. 20302(1)(B). FRA 
has determined that NJT has incorrectly sought relief from the statute, 
which does not apply specifically to this issue. The correct areas that 
NJT should be seeking relief from are 49 CFR 231.1(e), Ladders; and 49 
CFR 238.230(b), Welded safety appliances. FRA has modified the 
application to reflect the correct citations and will proceed with the 
waiver application as modified.
    The side door access ladders of the series ALP 46, ALP 46A, and ALP 
45DP locomotives consist of a frame assembly incorporating welded 
joints in the fabrication. The assembly is then bolted to the side sill 
of the locomotive. NJT has stated that the ALP 46 and ALP 46A 
locomotives have been in use for 9 years with no history of structural 
failure or reported injuries associated with this ladder design.
    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 Ave. 
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 January 20, 2012 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 online at http://www.dot.gov/privacy.html.

    Issued in Washington, DC, on November 30, 2011.
Brenda J. Moscoso,
Director, Office of Safety Analysis, Risk Reduction, and Crossing/
Trespasser Programs.
[FR Doc. 2011-31227 Filed 12-5-11; 8:45 am]
BILLING CODE 4910-06-P