83 FR 19593 - Petition for Waiver of Compliance
DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration Federal Register Volume 83, Issue 86 (May 3, 2018)
Federal Railroad Administration
Federal Register Volume 83, Issue 86 (May 3, 2018)
| Page Range | 19593-19593 | |
| FR Document | 2018-09401 |
[Federal Register Volume 83, Number 86 (Thursday, May 3, 2018)] [Notices] [Page 19593] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-09401] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Federal Railroad Administration [Docket Number FRA-2018-0041] Petition for Waiver of Compliance Under part 211 of Title 49 of the Code of Federal Regulations (CFR), this provides the public notice that on April 18, 2018, the Port Authority Trans-Hudson Corporation (PATH) petitioned the Federal Railroad Administration (FRA) for a waiver of compliance from certain provisions of the Federal railroad safety regulations contained at 49 CFR part 214. FRA assigned the petition docket number FRA-2018-0041. PATH is requesting relief from the definition of ``fouling a track'' found in 49 CFR 214.7 at certain locations within PATH's tunnel system if certain conditions are met. PATH seeks the waiver to allow tunnel bench walls to be considered a ``place of safety'' under Sec. 214.329, Train Approach Warning, for the safety and efficiency of roadway maintenance procedures at that those locations. If approved, when train approach warning or foul time is used as the method of protection, roadway workers may move to a previously arranged place of safety designated as a ``Clearance Area.'' Due to track and physical structure configurations, the designated ``Clearance Area'' can be less than the required four feet from the near running rail, yet still provides a place of safety, protecting roadway workers from the risk of being struck by moving trains or on-track equipment. PATH states safety will be improved by reducing the distance roadway workers must walk to reach a compliant place of safety upon receiving warning of an approaching train. PATH also contends roadway maintenance procedures will be more efficient by increasing the number of clearing locations, thereby reducing time spent moving to and from places of safety. PATH is a rapid transit system, with 13.8 route miles, of which 7.4 miles are composed of an underground tunnel system that operates between the states of New York and New Jersey. The current tunnel system was built between 1873 and 1901. As such, the physical structure and track configurations within the tunnel system provide many locations where it is physically impossible to clear outside four feet of the near rail. PATH explains that the historical use and safety record of bench walls as a place of clearance for close to half a century without incident show that, under certain conditions, they can be used as a place of safety within the four-foot fouling envelope. 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 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 parties desire 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 by any of the following methods:Website: 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 June 18, 2018 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.). 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/privacyNotice for the privacy notice of regulations.gov. Robert C. Lauby, Associate Administrator for Railroad Safety, Chief Safety Officer. [FR Doc. 2018-09401 Filed 5-2-18; 8:45 am] BILLING CODE 4910-06-P
![Federal Register / Vol. 83, No. 86 / Thursday, May 3, 2018 / Notices 19593
Persons seeking further information receiving warning of an approaching final action is taken. Comments received
concerning discontinuance procedures train. PATH also contends roadway after that date will be considered if
may contact the Board’s Office of Public maintenance procedures will be more practicable.
Assistance, Governmental Affairs, and efficient by increasing the number of Anyone can search the electronic
Compliance at (202) 245–0238 or refer clearing locations, thereby reducing form of any written communications
to the full abandonment and time spent moving to and from places of and comments received into any of our
discontinuance regulations at 49 CFR pt. safety. dockets by the name of the individual
1152. Assistance for the hearing PATH is a rapid transit system, with submitting the comment (or signing the
impaired is available through the 13.8 route miles, of which 7.4 miles are document, if submitted on behalf of an
Federal Information Relay Service composed of an underground tunnel association, business, labor union, etc.).
(FIRS) at 1–800–877–8339. system that operates between the states DOT posts these comments, without
Board decisions and notices are of New York and New Jersey. The edit, including any personal information
available on our website at current tunnel system was built between the commenter provides, to
WWW.STB.GOV. 1873 and 1901. As such, the physical www.regulations.gov, as described in
Decided: April 30, 2018. structure and track configurations the system of records notice (DOT/ALL–
within the tunnel system provide many 14 FDMS), which can be reviewed at
By the Board, Scott M. Zimmerman, Acting
Director, Office of Proceedings. locations where it is physically https://www.transportation.gov/privacy.
impossible to clear outside four feet of See also https://www.regulations.gov/
Kenyatta Clay,
the near rail. PATH explains that the privacyNotice for the privacy notice of
Clearance Clerk.
historical use and safety record of bench regulations.gov.
[FR Doc. 2018–09399 Filed 5–2–18; 8:45 am] walls as a place of clearance for close to
BILLING CODE 4915–01–P half a century without incident show Robert C. Lauby,
that, under certain conditions, they can Associate Administrator for Railroad Safety,
be used as a place of safety within the Chief Safety Officer.
DEPARTMENT OF TRANSPORTATION four-foot fouling envelope. [FR Doc. 2018–09401 Filed 5–2–18; 8:45 am]
A copy of the petition, as well as any BILLING CODE 4910–06–P
Federal Railroad Administration written communications concerning the
[Docket Number FRA–2018–0041] petition, is available for review online at
www.regulations.gov and in person at DEPARTMENT OF TRANSPORTATION
Petition for Waiver of Compliance the U.S. Department of Transportation’s
(DOT) Docket Operations Facility, 1200 Federal Railroad Administration
Under part 211 of Title 49 of the Code
New Jersey Ave. SE, W12–140, [Docket Number FRA–2009–0015]
of Federal Regulations (CFR), this
Washington, DC 20590. The Docket
provides the public notice that on April Petition for Waiver of Compliance
Operations Facility is open from 9 a.m.
18, 2018, the Port Authority Trans-
to 5 p.m., Monday through Friday, Under part 211 of Title 49 Code of
Hudson Corporation (PATH) petitioned
except Federal Holidays. Federal Regulations (CFR), this
the Federal Railroad Administration Interested parties are invited to
(FRA) for a waiver of compliance from document provides the public notice
participate in these proceedings by
certain provisions of the Federal that on April 13, 2018, Ritron, Inc.
submitting written views, data, or
railroad safety regulations contained at (Ritron) petitioned the Federal Railroad
comments. FRA does not anticipate
49 CFR part 214. FRA assigned the Administration (FRA) for a waiver of
scheduling a public hearing in
petition docket number FRA–2018– compliance from certain provisions of
connection with these proceedings since
0041. the Federal railroad safety regulations
the facts do not appear to warrant a
PATH is requesting relief from the contained at 49 CFR 232.409(d). FRA
hearing. If any interested parties desire
definition of ‘‘fouling a track’’ found in assigned the petition Docket Number
an opportunity for oral comment and a
49 CFR 214.7 at certain locations within FRA–2009–0015.
public hearing, they should notify FRA,
PATH’s tunnel system if certain Ritron is seeking to extend its waiver
in writing, before the end of the
conditions are met. PATH seeks the of compliance from 49 CFR 232.409(d)
comment period and specify the basis
waiver to allow tunnel bench walls to be for three models of its two-way
for their request.
considered a ‘‘place of safety’’ under All communications concerning these transceiver radios used for the link
§ 214.329, Train Approach Warning, for proceedings should identify the modules inside Head-of-Train (HOT)
the safety and efficiency of roadway appropriate docket number and may be and End-of-Train (EOT) devices. These
maintenance procedures at that those submitted by any of the following three models are DTX–445, DTX–454,
locations. If approved, when train methods: and DTX–460. These models use a
approach warning or foul time is used • Website: http:// master reference oscillator to determine
as the method of protection, roadway www.regulations.gov. Follow the online the frequency stability of the
workers may move to a previously instructions for submitting comments. transmitted signal. The actual
arranged place of safety designated as a • Fax: 202–493–2251. transmitted signal is phase-locked to
‘‘Clearance Area.’’ Due to track and • Mail: Docket Operations Facility, this master oscillator by a phase-locked
physical structure configurations, the U.S. Department of Transportation, 1200 loop. This self-calibrating procedure
designated ‘‘Clearance Area’’ can be less New Jersey Avenue SE, W12–140, eliminates the need for yearly re-
than the required four feet from the near calibrations. Ritron states that if the
sradovich on DSK3GMQ082PROD with NOTICES
Washington, DC 20590.
running rail, yet still provides a place of • Hand Delivery: 1200 New Jersey radio is operating, it is within
safety, protecting roadway workers from Avenue SE, Room W12–140, specifications. Ritron originally received
the risk of being struck by moving trains Washington, DC 20590, between 9 a.m. a waiver of compliance on July 21, 2010.
or on-track equipment. PATH states and 5 p.m., Monday through Friday, Ritron received an updated waiver, to
safety will be improved by reducing the except Federal Holidays. add another radio to that included in
distance roadway workers must walk to Communications received by June 18, the original request, on September 4,
reach a compliant place of safety upon 2018 will be considered by FRA before 2013.
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Document Created: 2018-05-02 23:48:34
Document Modified: 2018-05-02 23:48:34
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| FR Citation | 83 FR 19593 |
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