[Federal Register Volume 88, Number 77 (Friday, April 21, 2023)]
[Notices]
[Pages 24655-24656]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-08496]


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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket Number FRA-2002-12409]


Petition for Extension of Waiver of Compliance

    Under part 211 of title 49 Code of Federal Regulations (CFR), this 
document provides the public notice that by letter dated March 15, 
2023, Port Authority Trans-Hudson Corporation (PATH) petitioned the 
Federal Railroad Administration (FRA) for an extension of a waiver of 
compliance from certain provisions of the Federal railroad safety 
regulations contained at 49 CFR part 238 (Passenger Equipment Safety

[[Page 24656]]

Standards). The relevant Docket Number is FRA-2002-12409.
    Specifically, PATH requests to extend its relief from Sec. Sec.  
238.305(c)(10) and (d), Interior calendar day mechanical inspection of 
passenger cars, and 238.317(a)(1), Movement of passenger equipment with 
other than power brake defects, for its fleet of passenger vehicles. 
PATH requests continued relief from the requirement that a car must be 
removed from service on the day following its calendar day interior 
mechanical inspection. PATH seeks permission for a car to remain in 
service up to eight calendar days following notification, so the car 
can be brought to the PATH running repair or main repair facility. In 
support of this request, PATH states that ``due to the confined 
geography of the system and limited track storage areas, cutting cars 
from consists . . . cannot be done during the workday without having 
significant adverse effect upon passenger service.'' Further, PATH 
requests continued relief from the requirement to perform a Class II 
brake test during specific periods of time at terminal locations. PATH 
explains that terminal dwell times are less than five minutes and ``the 
[c]onductor does not have adequate time to remain at the rear of the 
train while the [e]ngineer changes operating position to perform the 
[b]rake [t]est, and then walk forward to the conductor operating 
position between the first and second car.'' In support of its request, 
PATH states that ``the typical train will undergo a Class II test 
approximately ten times every day.''
    A copy of the petition, as well as any written communications 
concerning the petition, is available for review online at 
www.regulations.gov.
    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 and a public hearing, 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 at http://www.regulations.gov. Follow the online instructions for submitting 
comments.
    Communications received by June 20, 2023 will be considered by FRA 
before final action is taken. Comments received after that date will be 
considered if practicable.
    Anyone can 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.). 
Under 5 U.S.C. 553(c), the U.S. Department of Transportation (DOT) 
solicits comments from the public to better inform its processes. DOT 
posts these comments, without edit, including any personal information 
the commenter provides, to www.regulations.gov, as described in the 
system of records notice (DOT/ALL-14 FDMS), which can be reviewed at 
https://www.transportation.gov/privacy. See also https://www.regulations.gov/privacy-notice for the privacy notice of 
regulations.gov.

    Issued in Washington, DC.
John Karl Alexy,
Associate Administrator for Railroad Safety, Chief Safety Officer.
[FR Doc. 2023-08496 Filed 4-20-23; 8:45 am]
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