Petition for Waiver of Compliance

[Federal Register Volume 64, Number 237 (Friday, December 10, 1999)]
[Notices]
[Page 69320]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-32152]


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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration


Petition for Waiver of Compliance

    In accordance with Part 211 of Title 49 Code of Federal Regulations 
(CFR), notice is hereby given that the Federal Railroad Administration 
(FRA) received a request for a waiver of compliance with certain 
requirements of its safety standards. The individual petition is 
described below, including the party seeking relief, the regulatory 
provisions involved, the nature of the relief being requested, and the 
petitioner's arguments in favor of relief.

New Jersey Transit Rail Operations, Inc.

Waiver Petition Docket Number FRA-1999-6356

    New Jersey Transit Rail Operations, Inc. (NJTROI) seeks a temporary 
waiver of compliance from certain provisions of 49 CFR 238.235, which 
stipulates that by December 31, 1999, each powered, exterior side door 
shall have a manual override device installed in the vestibule.
    NJTROI requests an extension of this time requirement; 
specifically, NJTROI requests that it be allowed to complete the 
required manual override device installation by July 1, 2004, instead 
of the December 31, 1999 deadline date as specified in the CFR.

Background

    NJTROI operates a total of 745 passenger railcars on its system, 
all of which are equipped with power exterior side doors. None of the 
cars comply with the new regulation. Of the total, 484 cars are of the 
push pull type, 230 are electric MU cars, and 31 are push pull cars 
owned by Metro North and operated by NJTROI. This makes a grand total 
of 2,959 manual doors that need a manual override system installed.

Reason for Request

    NJTROI feels that it cannot complete this project by the required 
deadline because of the design, manufacturing, retrofitting, testing 
and installation of a total 2,959 critical safety devices that need to 
be installed in a total of 745 cars.
    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 (e.g., Waiver Petition Docket Number 1999-
6356) and must be submitted to the Docket Clerk, DOT Docket Management 
Facility, Room PL-401 (Plaza Level), 400 7th Street, SW, Washington, DC 
20590. Communications received by December 30, 1999, will be considered 
by FRA before final action is taken. Comments received after that date 
will be considered as far as practicable. All written communications 
concerning these proceedings are available for examination during 
regular business hours (9:00 a.m.--5:00 p.m.) at the above facility. 
All documents in the public docket are also available for inspection 
and copying on the Internet at the docket facility's web site at 
dms.dot.gov.

    Issued in Washington, D.C. on December 8, 1999.
Michael J. Logue,
Deputy Associate Administrator for Safety Compliance and Program 
Implementation.
[FR Doc. 99-32152 Filed 12-9-99; 8:45 am]
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