[Federal Register Volume 77, Number 225 (Wednesday, November 21, 2012)]
[Notices]
[Pages 69922-69923]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-28349]


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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket Number FRA-2012-0083]


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 October 5, 2012, New Jersey Transit (NJ Transit) has petitioned 
the Federal Railroad Administration (FRA) for a waiver of compliance 
from certain provisions of the Federal railroad safety regulations at 
49 CFR part 218, Railroad Operating Practices. FRA assigned the 
petition Docket Number FRA-2012-0083.
    NJ Transit owns and operates service on the Pascack Valley Line, 
which runs from Spring Valley, NY to Hoboken, NJ. Commuter rail service 
for the three stations in New York State (Spring Valley, Pearl River, 
and Nanuet) is provided under contract with Metro-North Railroad. 
Woodbine Yard, located in Spring Valley, NY, has been in service long 
before NJ Transit became operational on January 1, 1983. The yard 
consists of three tracks terminating at the end of the 31-mile Pascack 
Valley Line. In 2003, the yard was expanded and updated to make room 
for additional commuter rail service on the line. All three tracks were 
extended to the maximum distance allowed by the available land for 
train storage and use by mechanical personnel for inspection, 
servicing, and repairs that require Blue Signal Protection.
    The current Mechanical Department workforce at this facility 
includes approximately 24 employees inspecting, servicing, and 
repairing approximately 10 trains per day. The allotted times for 
servicing equipment are restricted due to train availability, time of 
day, and train scheduling requirements. Currently, all three tracks are 
used for inspection, servicing, and repairs that require Blue Signal 
Protection. The maximum track space on each track is being used to 
accommodate the current length of the train consists. However, 
complying with the current regulations requiring derails to be placed 
150 feet away from equipment requiring Blue Signal Protection will 
restrict the train lengths that can be placed on a given track. In 
addition, lining and locking a track switch away from the track being 
protected will restrict the amount of equipment that can be 
simultaneously inspected, serviced, or repaired.
    Based on the situation described above, NJ Transit seeks a waiver 
from 49 CFR Section 218.29(c)(1) for Woodbine Yard in Spring Valley, 
NY. This section requires that derails protecting tracks under Blue 
Signal Protection be placed ``no less than 150 feet'' from equipment 
and locked ``with an effective locking device.'' The combination of the 
yard layout at Spring Valley and equipment track occupancy is such that 
meeting this requirement is impractical. In addition, the layout of 
switches to individual tracks is such that the use of the method of 
lining switches against movement as provided by Section 218.27(b) is 
also impractical due to track configuration and the necessity to 
inspect, service, and repair equipment on the adjacent tracks 
simultaneously. In lieu of Section 218.29(c)(1), NJ Transit requests 
that FRA grant permission to NJ Transit to use Section 218.29(a)(4) 
that permits the placement of derails at least 50 feet from the end

[[Page 69923]]

of the equipment requiring Blue Signal Protection if the speed within 
the area is restricted to not more than 5 mph.
    A copy of the petition, as well as any written communications 
concerning the petition, is available for review online at 
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 January 7, 2013 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 15, 2012.
Robert C. Lauby,
Deputy Associate Administrator for Regulatory and Legislative 
Operations.
[FR Doc. 2012-28349 Filed 11-20-12; 8:45 am]
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