[Federal Register Volume 89, Number 162 (Wednesday, August 21, 2024)]
[Notices]
[Page 67708]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-18718]


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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 July 17, 2024, 
Port Authority Trans-Hudson Corporation (PATH) petitioned the Federal 
Railroad Administration (FRA) to extend the existing waiver of 
compliance from certain provisions of the Federal railroad safety 
regulations contained at 49 CFR part 238 (Passenger Equipment Safety 
Standards). The relevant Docket Number is FRA-2002-12409.
    Specifically, PATH requests continued relief from Sec.  
238.305(c)(10) and (d), Interior calendar day mechanical inspection of 
passenger cars, and Sec.  238.317(a)(1), Class II brake test, for its 
fleet of passenger vehicles. PATH seeks an extension of its waiver from 
the requirement that a car must be removed from service on the day 
following its calendar day interior mechanical inspection and 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 www.regulations.gov. 
Follow the online instructions for submitting comments.
    Communications received by October 21, 2024 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 
the U.S. Department of Transportation's (DOT) 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), 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. 2024-18718 Filed 8-20-24; 8:45 am]
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