[Federal Register Volume 78, Number 45 (Thursday, March 7, 2013)]
[Notices]
[Pages 14874-14875]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-05340]


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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket Number FRA-2012-0005]


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 January 30, 2013, NJ Transit (NJT) has petitioned the Federal 
Railroad Administration (FRA) for an extension of temporary emergency 
relief from compliance with certain provisions of the Federal railroad 
safety regulations contained at 49 CFR parts 229--Railroad Locomotive 
Safety Standards; 236--Rules, Standards, and Instructions Governing the 
Installation, Inspection, Maintenance, and Repair of Signal and Train 
Control Systems, Devices and Appliances; and 238--Passenger Equipment 
Safety Standards due to severe weather related to Hurricane Sandy. 
Specifically, NJT petitions for an additional 60-day extension of the 
waiver from compliance with the provisions of the following sections of 
the CFR: 49 CFR 229.9--Movement of

[[Page 14875]]

non-complying locomotives, 49 CFR 229.23-Periodic inspection: general, 
49 CFR 27--Annual tests, 49 CFR 236.11-Adjustment, repair, or 
replacement of component, 49 CFR 236.101-Purpose of inspection and 
tests; removal from service of relay or device failing to meet test 
requirements, 49 CFR 236.588-Periodic test, 49 CFR 238.307-Periodic 
mechanical inspection of passenger cars and unpowered vehicles used in 
passenger trains, and 49 CFR 238.309, Periodic brake equipment 
maintenance. FRA assigned the petition Docket Number FRA-2012-0005.
    NJT states that its primary maintenance facility for rail vehicles 
is the Meadows Maintenance Complex. This facility was heavily damaged 
by flood waters as a result of the October 29, 2012, hurricane. NJT's 
original estimates of damage to the facility and restoration to full 
operating capacity were made during the week immediately following the 
event.
    NJT has made recovery efforts in order to achieve full compliance 
with the requirements of the above-cited CFR regulations. Since the 
beginning of the original waiver period, NJT has performed periodic 
inspections on 98 locomotives and 27 self-propelled Arrow vehicles. NJT 
has also completed the 180-day inspection for 145 railcars as part of 
the unscheduled repair. Nonetheless, NJT has reviewed its capabilities 
and has determined that it will not be possible to complete all 
required inspections, which will be overdue on the expiration date of 
this waiver: February 25, 2013. NJT also states that removing all 
overdue vehicles from service on that date will severely affect NJT's 
ability to provide sufficient passenger service on all of its operating 
lines. FRA conditionally granted NJT's extension request on February 
19, 2013.
    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 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 on 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 on Federal holidays.
    Communications received by March 27, 2013 will be considered by FRA 
before final action is taken. Comments received after that date will be 
considered as far as is 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 document, 
if submitted on behalf of an association, business, labor union, etc.). 
See http://www.regulations.gov/#!privacyNotice for the privacy notice 
for regulations.gov; interested parties may review DOT's complete 
Privacy Act Statement in the Federal Register published on April 11, 
2000 (65 FR 19477).

    Issued in Washington, DC, on March 4, 2013.
Robert C. Lauby,
Deputy Associate Administrator for Regulatory and Legislative 
Operations.
[FR Doc. 2013-05340 Filed 3-6-13; 8:45 am]
BILLING CODE 4910-06-P