[Federal Register Volume 77, Number 225 (Wednesday, November 21, 2012)]
[Notices]
[Pages 69922-69923]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-28349]
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DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
[Docket Number FRA-2012-0083]
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 October 5, 2012, New Jersey Transit (NJ Transit) has petitioned
the Federal Railroad Administration (FRA) for a waiver of compliance
from certain provisions of the Federal railroad safety regulations at
49 CFR part 218, Railroad Operating Practices. FRA assigned the
petition Docket Number FRA-2012-0083.
NJ Transit owns and operates service on the Pascack Valley Line,
which runs from Spring Valley, NY to Hoboken, NJ. Commuter rail service
for the three stations in New York State (Spring Valley, Pearl River,
and Nanuet) is provided under contract with Metro-North Railroad.
Woodbine Yard, located in Spring Valley, NY, has been in service long
before NJ Transit became operational on January 1, 1983. The yard
consists of three tracks terminating at the end of the 31-mile Pascack
Valley Line. In 2003, the yard was expanded and updated to make room
for additional commuter rail service on the line. All three tracks were
extended to the maximum distance allowed by the available land for
train storage and use by mechanical personnel for inspection,
servicing, and repairs that require Blue Signal Protection.
The current Mechanical Department workforce at this facility
includes approximately 24 employees inspecting, servicing, and
repairing approximately 10 trains per day. The allotted times for
servicing equipment are restricted due to train availability, time of
day, and train scheduling requirements. Currently, all three tracks are
used for inspection, servicing, and repairs that require Blue Signal
Protection. The maximum track space on each track is being used to
accommodate the current length of the train consists. However,
complying with the current regulations requiring derails to be placed
150 feet away from equipment requiring Blue Signal Protection will
restrict the train lengths that can be placed on a given track. In
addition, lining and locking a track switch away from the track being
protected will restrict the amount of equipment that can be
simultaneously inspected, serviced, or repaired.
Based on the situation described above, NJ Transit seeks a waiver
from 49 CFR Section 218.29(c)(1) for Woodbine Yard in Spring Valley,
NY. This section requires that derails protecting tracks under Blue
Signal Protection be placed ``no less than 150 feet'' from equipment
and locked ``with an effective locking device.'' The combination of the
yard layout at Spring Valley and equipment track occupancy is such that
meeting this requirement is impractical. In addition, the layout of
switches to individual tracks is such that the use of the method of
lining switches against movement as provided by Section 218.27(b) is
also impractical due to track configuration and the necessity to
inspect, service, and repair equipment on the adjacent tracks
simultaneously. In lieu of Section 218.29(c)(1), NJ Transit requests
that FRA grant permission to NJ Transit to use Section 218.29(a)(4)
that permits the placement of derails at least 50 feet from the end
[[Page 69923]]
of the equipment requiring Blue Signal Protection if the speed within
the area is restricted to not more than 5 mph.
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
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 January 7, 2013 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 online at http://www.dot.gov/privacy.html.
Issued in Washington, DC, on November 15, 2012.
Robert C. Lauby,
Deputy Associate Administrator for Regulatory and Legislative
Operations.
[FR Doc. 2012-28349 Filed 11-20-12; 8:45 am]
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