4910-06-P
DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
[Docket Number FRA-2008-0097]
Petition for Extension of Waiver of Compliance
Under part 211 of title 49 Code of Federal Regulations (CFR), this document
provides the public notice that by letter dated May 8, 2024, New Jersey Transit (NJT)
petitioned the Federal Railroad Administration (FRA) for an extension of a waiver of
compliance from certain provisions of the Federal railroad safety regulations contained at
49 CFR part 218 (Railroad Operating Practices). The relevant Docket Number is FRA2008-0097.
Specifically, NJT requests continued relief from § 218.29(c)(1), Alternate
methods of protection, which states that “when workers are on, under, or between rolling
equipment on any track, other than main track: a derail…will fulfill the requirements of a
manually operated switch when positioned no less than 150 feet from the end [of] such
equipment.” This relief permits NJT to instead apply the requirements of § 218.29(a)(4),
which allows a derail to be positioned “at least 50 feet from the end of the equipment to
be protected by the blue signal,” at the Morrisville Yard facility in Morrisville,
Pennsylvania.
In support of its request, NJT states that since the waiver has been in effect, no
accidents, incidents, or injuries have occurred due to the relief. Additionally, NJT
continues to enforce a speed restriction of 5 miles per hour and ensure that a Yard Master
is present at the Morrisville Yard 7 days per week and for 24 hours per day, per the
conditions of the relief.
A copy of the petition, as well as any written communications concerning the

petition, is available for review online at www.regulations.gov.
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 at www.regulations.gov. Follow the online
instructions for submitting comments.
Communications received by [INSERT DATE 60 DAYS AFTER DATE OF
PUBLICATION IN THE FEDERAL REGISTER] 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 the Department of Transportation’s (DOT) 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.). Under 5 U.S.C. 553(c), DOT
solicits comments from the public to better inform its processes. 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/privacy-notice for the privacy notice of regulations.gov.
Issued in Washington, DC.
John Karl Alexy,
Associate Administrator for Railroad Safety,
Chief Safety Officer.

[FR Doc. 2024-14626 Filed: 7/2/2024 8:45 am; Publication Date: 7/3/2024]