[Federal Register Volume 78, Number 173 (Friday, September 6, 2013)]
[Notices]
[Pages 54952-54953]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-21697]
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DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
[Docket Number FRA-2003-16265]
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 August
[[Page 54953]]
1, 2013, the Long Island Rail Road (LIRR) 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 229.81, Emergency Pole; shoe insulation. FRA assigned the petition
Docket Number FRA-2003-16265.
Title 49 CFR 229.81(b) requires that each locomotive equipped with
third rail shoes shall have a device for insulating the current
collecting apparatus from the third rail. LIRR previously had in place
a waiver related to third rail insulating devices called for in 49 CFR
229.81. This waiver was renewed on March 30, 2004. Due to an oversight
on the part of LIRR, renewal of this waiver was not requested in a
timely manner and is now being sought. The rationale for this waiver,
originally granted in 1981, and subsequently extended and expanded to
newer fleets of equipment, is that LIRR's existing procedures and
infrastructure provide a greater degree of safety than the devices
required in this rule. Removing third rail power from rolling stock
equipped with contact shoes by means of such devices would require
placement of at least two devices per DMU locomotive, four devices per
pair of multiple-unit (MU) cars, and 24 devices for a 12-car MU train.
Each of these would be placed separately in proximity to the 750-volt
third rail under whatever lighting and weather conditions prevailed.
This would be both a time consuming and potentially hazardous means to
remove power from the equipment.
LIRR requests instead to continue to use the guidance of LIRR-290
(formerly known as CT-290) wherein requests for removal of power are
made by radio or telephone to the Engineering System Operator (ESO).
Detailed third-rail plans are maintained by the ESO, train dispatchers,
and block operators, along with records of requests for removal of
third-rail power, which include name, title, location, and reason for
removal of power. Only the person who requested the removal of power,
or someone to whom they have transferred that authority, can request
restoration of power. This process provides safeguards against
accidental restoration of power that could occur with the slippage or
inadvertent removal of any of the insulating devices that the rule
calls for; the process also allows for the safe and remote removal of
power, away from the affected equipment. LIRR requests that FRA
considers this waiver as having been in continuous effect since
September 1, 1981.
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 October 21, 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 document,
if submitted on behalf of an association, business, labor union, etc.).
See http://www.regulations.gov/#!privacyNotice for the privacy notice
of regulations.gov or interested parties may review DOT's complete
Privacy Act Statement in the Federal Register published on April 11,
2000 (65 FR 19477).
Issued in Washington, DC
Robert C. Lauby,
Deputy Associate Administrator for Regulatory and Legislative
Operations.
[FR Doc. 2013-21697 Filed 9-5-13; 8:45 am]
BILLING CODE 4910-06-P