[Federal Register Volume 76, Number 160 (Thursday, August 18, 2011)]
[Notices]
[Pages 51463-51464]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-21094]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
[Docket Number FRA-2010-0034]
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 July 15, 2011, Port Authority Trans-Hudson Corporation (PATH) has
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 236. FRA has previously assigned
all PATH Positive Train Control (PTC)-related documentation Docket
Number FRA-2010-0034, and is adding this waiver request to that docket.
PATH seeks a waiver from compliance with PTC system requirements
found at 49 CFR Section 236.1006, Equipping locomotives operating in
PTC territory. Specifically, this petition is made in connection with
the implementation of PATH's Automatic Train Control (ATC) project and
the plan to use unequipped PA-4 cars as maintenance-of-way (MOW) work
equipment. PATH is currently in the process of implementing an ATC
system using communications-based train control (CBTC) technology
throughout the PATH rail network, as described in the Positive Train
Control Implementation and Development Plans previously submitted for
FRA approval. As part of that program, PATH will be equipping all A-
cars (cab control cars) of the new PA-5 fleet with onboard ATC
equipment. By December 31, 2015, PATH's passenger carrying fleet will
consist of only multiple-unit train consists made of PA-5 cars, and as
such, PATH's operation will be in compliance with the new PTC rule. An
important element of the new ATC system implementation at PATH will be
the incorporation of a track-circuit-based Secondary Train Detection
System (STDS) incorporating wayside signals and automatic train stops
(trip stops). The STDS will provide for safe
[[Page 51464]]
operation of both PA-5 trains with failed ATC equipment, and MOW work
equipment that will not be fitted with onboard ATC equipment.
It is PATH's intention to retire the existing PA-4 fleet from
passenger service, but to retain some of these PA-4 cars to function as
MOW work equipment. PATH will modify the interiors of some of these
vehicles so that they are configured to transport tools and equipment.
The PA-4 work vehicles would retain their trip cock equipment, and as
such, the STDS would provide enforced braking for these vehicles at
stop (red) signals. Further, since the PA-4 cars reliably shunt track
circuits, they will be continuously detected by both the STDS and the
CBTC system, thereby preventing train-to-train collisions.
PATH's justification for relief is that the proposed use of non-
equipped PA-4 vehicles for MOW work equipment does not introduce any
new or different safety hazards to the existing operation, and provides
additional safety elements not available for other types of MOW
equipment. The installation of the ATC and/or CBTC systems and the STDS
by December 31, 2015, in conjunction with well-established operating
rules and procedures, will in fact provide enhanced safety for such
operations.
A copy of the petition, as well as any written communications
concerning the petition, is available for review online at http://www.regulations.gov and in person at the U.S. Department of
Transportation's (DOT) Docket Operations Facility, 1200 New Jersey
Avenue, 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 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 Federal holidays.
Communications received by October 3, 2011 will be considered by
FRA before final action is taken. Comments received after that date
will be considered as far as 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 comment,
if submitted on behalf of an association, business, labor union, etc.).
You may review DOT's complete Privacy Act Statement in the Federal
Register published on April 11, 2000 (Volume 65, Number 70; Pages
19477-78) or at http://www.dot.gov/privacy.html.
Issued in Washington, DC, on August 12, 2011.
Robert C. Lauby,
Deputy Associate Administrator for Regulatory and Legislative
Operations.
[FR Doc. 2011-21094 Filed 8-17-11; 8:45 am]
BILLING CODE 4910-06-P