I -' T Docket Management System Federal Railroad

Newark Legal Center One Riverfront Plaza - 9’h Floor Newark, NJ 07 102 OFFiCEOFCHlEF COUHSEL Tel. No. (973) 643-0009 Fax No. (973) 623- 1170

J- December 2 1,200 1 ---I Docket Clerk -’ t Docket Management System Federal Railroad Administration Department of Transportation 400 Seventh Street, S.W. Washington, D.C. 20590

_- Subject: Petition for Waiver from the Requirements of 49 CFR ‘-” 238.305(c) (10) and (d)(l), (2), (3); 49 CFR 23&303(e)(7); 49 CFR 23&315(f)(3); 49CFR 23&317(d)(2); 49 CFR 238.317.

To The Federal Railroad Administration:

The Port Authority Trans-Hudson Corporation (“PATH”), a wholly owned subsidiary of the Port Authority of New York and New Jersey, a bi-state agency of the States of New York and New Jersey respectfully petitions for relief from the provisions of 49 CFR 238.305(c) (10) and (d)(l), (2), (3); 49 CFR 238.303(e)(7); 49 CFR 238.315(f)(3); 49CFR 238.317(d)(2); 49 CFR 238.3 17.

The provisions of 49 CFR 238.305 require that “all end doors and side doors operate solely and as intended. A non-complying car may continue in passenger service pursuant to paragraph (d) of this section, if at least one operative and accessible door is available on each side of the car. . .” PATH seeks waiver from these requirements because its rapid transit equipment have been designed with two or three, two -leaf doors on each side of the car, and a vestibule door at the end. As such, even with one door leaf inoperable, PATH’s smaller rapid transit cars provide a greater degree of safe ingress and egress than larger commuter rail cars.

The provisions of 49 CFR 238.303 (e)(7) require daily mechanical inspection of each cars side bearing tolerance. PATH seeks waiver from these requirements because there are very few places within the PATH system where elevated, level, tangent track is available to permit the measurement of side bearing tolerance in the field. Also, field measurement of side bearing tolerance is a potentially unsafe condition for PATH inspection personnel due to tight clearances and the proximity of the third rail and collector shoes. In addition, PATH already performs a daily visual inspection and a 92-day periodic inspection to ensure proper side bearing tolerances. To require additional side bearing inspections on rapid transit cars that are not hauling large amounts of weight or shifting freight would result not only in operational delays but in the needless expenditure of public funds. PATH also seeks waiver from the requirements of the Class IA brake test contained in 49 CFR 238.315 (f)(3) and the Class II brake tests contained in 49 CFR 238.317(d)(2) and 49 CFR 238.3 17(a)( 1). Requiring PATH to perform these brake tests would adversely impact train headways on all of PATH’s lines. These tests are unnecessary because PATH already has existing systems and procedures in place that assure the crew that the brake system is functioning properly. Carrying out these additional brake tests would also require a significant increase in equipment and staffing levels both to perform the test and to restore post-inspection headway to current levels without any significant increase in safety. Further, these tests would greatly increase the wear and tear on the cars braking system potentially resulting in the equipment failure these regulations were designed to protect against.

In support of this application for waivers or exemptions, PATH submits a summary of its rapid transit service, a summary of the requested relief for each of regulation cited above, and PATH memoranda setting forth the present system for terminal air test requirements and terminal brake test requirements.

DESCRIPTION OF PATH’S INTER-URBAN RAPID TRANSIT OPERATIONS

1. PATH is the operator of an Interstate Rail Transportation System 13.8 miles in length linking the States of New Jersey and New York. Please note that 13.8 miles includes the sections from PATH’s Grove Street Station to the World Trade Center that are temporarily out of service.

2. Petitioner operates trains in three passenger services between four major terminals and seven intermediate stations in New York and New Jersey. This reflects the current status of the PATH system. It does not include Exchange Place Station and the World Trade Center Terminal since revenue service is not currently operating to these locations due to the terrorist attack on the World Trade Center on September 11, 2001

3. PATH is a Rail Rapid Transit System operating electrically powered, multiple unit trains 24 hours a day within relatively short headways over a system one half of which is located in tunnels below ground level. Power for the PATH equipment is by a 650-volt system transmitted through a third rail.

4. The petitioner has 327 multiple units in revenue service on its system. There is no interchange of car equipment between PATH and any other rapid transit system or railroad.

5. The PATH system is a closed system that operates over short runs between terminals with high platforms. There are no grade crossings over public roads anywhere on the PATH system.

6. PATH schedules over 1, loo-train movements daily Monday through Friday, carrying approximately 210,000 passengers each day (this reflects the post 9/l l/O1 ridership reduction). In all operational aspects, the PATH system is, in fact, a rapid transit operation similar to such systems existing in major cities of the United States such as Chicago, Boston, New York and Washington. 7. PATH although having all of the characteristics of a rapid transit system still has not yet been excluded from the jurisdiction of the Federal Railroad Administration and has been subjected to the Railroad Locomotive Safety Standards, 49 CFR Part 229.

8. Because of the unique characteristics of PATH, which are more representative of a rail rapid transit system, it is suggested that certain provisions of the Locomotive Safety Standards are not totally applicable to this property. In the past, the Federal Railroad Administration while asserting jurisdiction over PATH has acknowledged that PATH’s operations are analogous to that of a rapid transit system.

9. Accordingly, PATH hereby petitions for a waiver of the provisions of 49 CFR 238.305(~)(10) and (d)(l), 49 CFR 238.303(e)(7). 49 CFR 238.315(f)(3), 49 CFR 238.317(d)(2) and 49 CFR 238.317.

SUMMARY OF REQUESTED RELIEF

49 CFR 238.305(c)(lO) and (d)(l), (2) and (3) - Single Door Cutout

1. Section 305 (c)( 10) and (d)(l), (2), and (3) provides that “All end doors and side doors operate safely and as intended. A non-complying car may continue in passenger service pursuant to paragraph (d) of this section, if at least one operative and accessible door is available on each side of the car, and a notice is prominently displayed directly on the defective door indicating that the door is defective.. . ..”

2. PATH cars, like most rapid transit equitment, are equipped with two or three, two-leaf doors on each side, and a vestibule door on each end. Specifically PA-l, PA-2 and PA-3 series cars contain two, two-leaf doors per side and PA-4 series cars contain three two-leaf doors per side. This rapid transit door design permits multiple access and egress points within a 50- foot long car body.

3. One door leaf on either side of the car that is out-of-service does not compromise safe egress from the car. PATH’s rapid transit car design provides a greater number of egress doors that exist in close proximity to each other than most commuter rail equipment.

4. PATH does not, as a matter of practice, permit a car to enter into, or remain in passenger service without two operable car end doors. It is important to note that in providing for the safety of its customers, PATH locks the end vestibule door of the leading and trailing MU of all revenue service consists. Photoluminescent emergency signage is installed on the Number 1 end door of all “A” cars stating that “Train end doors may only be used as an exit upon direction of train crew.”

5. PATH cars have eight or twelve doors per car because of their rapid transit design. In addition, the cars end doors can be used for egress unless it is the first or last car in the consist. 6. Further, large picture windows are designed to be used for emergency egress.

7. Together, all of the vestibule doors and windows described above provide a greater degree of safe egress in normal or emergency operating situations than are available on most commuter rail cars.

8. Accordingly, PATH hereby requests that a waiver be granted from compliance with Sec. 238(c)( 10) and (d)(l), (2) and (3).

49 CFR 238.303(e)(7) - Daily Side Bearing Inspection

1. Section 303 (e)(7) of 49 CFR 238 provides that “As part of the exterior calendar day mechanical inspection, the railroad shall verify conformity with the following conditions, and nonconformity with any such condition renders the passenger car or unpowered vehicle used in a passenger train defective whenever discovered in service.. .(7) Each side bearing is in the following condition: (i) Each friction side bearing with springs designed to carry weight does not have more than 25 percent of the springs in any one nest broken; (ii) Each friction side bearing does not run in contact unless designed to operate in that manner; and (iii) The maximum clearance of each side bearing does not exceed the manufacturer’s recommendation.”

2. PATH conducts a daily visual inspection of all passenger car side bearings, checking for excessive wear and their mechanical condition.

3. Furthermore, PATH performs a complete examination of side bearings and their clearances during the 92 day periodic inspection on 6 Track in the Harrison Car Maintenance Facility where the opportunity to perform these critical measurements is made possible through elevated track, enhanced lighting and level, tangent track.

4. Full compliance with the requirements of 49 CFR 238.303(e)(7) would require the placement of each car on level, tangent track, preferably elevated track within a car maintenance facility. Placement of car equipment on elevated, level, tangent track enables ready access to the side bearings and permits measurement of the side bearing tolerance.

5. Field measurement of side bearing tolerances is a potentially unsafe condition for PATH inspection personnel due to tight clearances and the proximity of the third rail and collector shoes.

6. Unless the daily visual inspection indicates a potential defect in which immediate action is taken, the side bearings are fully inspected during the 92-day inspection.

7. It is estimated that the performance of this detailed inspection on a daily basis would necessitate an additional 15 Car Inspector man-years costing in excess of $1.5 million annually.

8. Accordingly, PATH hereby requests that a waiver be granted from compliance with Section 238.303(e)(7).

_. -- --- 49 CFR 238.315(f)(3) - Class IA Brake Test

1. Section 3 15 (f)(3) of 49 CFR 238 provides that “A Class IA brake test shall be performed at the air pressure at which the train’s air brakes will be operated and shall determine and ensure that on MU equipment, the emergency brake application and the deadman pedal or other emergency control devices function as intended.”

2. PATH performs a Class I brake test during the daily periodic exterior calendar day inspection, which is conducted by a qualified maintenance person.

3. The testing of the emergency brake application and utilizing the dead man feature requires the dumping of the brake pipe air and recharge of air prior to the commencement of revenue service. This initiates the air compressors to cycle through causing unnecessary wear and tear on the equipment.

4. Accordingly, PATH hereby requests that a waiver be granted from compliance with Section 238.3 15(f)(3).

49 CFR 238.317(d)(2) - Class II Brake Test

1. Section 3 17(d)(2) of 49 CFR 238 provides that “In performing a Class II brake test on a train, a railroad shall determine that on MU equipment, the emergency brake application and deadman pedal or other emergency control devices function as intended.”

2. PATH performs a Class II brake test during the daily periodic exterior calendar day inspection that is conducted by a qualified maintenance person.

3. The testing of the emergency brake application and the dead man feature requires the dumping of the brake pipe air and recharge of air prior to the commencement of revenue service. This initiates the air compressors to cycle through causing unnecessary wear and tear on the equipment.

4. PATH provides rapid transit passenger service to eleven (11) stations. Accordingly the train engineer may change ends within a 15 to 30 minute interval depending upon the service route and the time of day. Activating the emergency brake application and the deadman feature causes excessive time delays and equipment wear and tear. To illustrate, since the WTC Attack on September 11, 2001, PATH operates three services. Under this regulation, the testing of the emergency brake application and deadman feature on one train consist would be done numerous times within a 24 hour period, as noted below.

Newark-33’d Street Service: 30 times - 337 miles Hoboken-33rd Street Service: 52 times - 184 miles Journal Square-Hoboken Service: 68 times - 224 miles.

5. Compliance with this regulation would result in unnecessary wear and tear far in excess of what a commuter or freight car would be subject to under this regulation. 6. Accordingly, PATH hereby requests that a waiver be granted from compliance with Section 238.3 17(d)(2).

49 CFR 238.317(a)(l) Class II Brake Test

1. Section 3 17(a)( 1) requires that “A Class II brake test shall be performed on a passenger train . . Whenever the control stand used to control the train is changed; except if the control stand is changed to facilitate the movement of a passenger train from one track to another within a terminal complex, while not in passenger service. In these circumstances, a Class II brake test shall be performed prior to the train’s departure from the terminal complex with passengers.”

2. In correspondence dated May 25,2000, the Railroad Safety Board granted a temporary waiver of compliance to PATH’s as contained within FRA Docket No. PB-94-2, which states:

1. Relief is extended until sufficient numbers of MUs can be equipped with the indicator, however, this relief will not extend beyond the date by which PATH is required to comply with 49 CFR 238.317, Class II brake test, of the recently published Passenger Equipment Safety Standards; 2. PATH continues to perform the required intermediate terminal air brake test when changing operating ends on trains with a dwell time of seven minutes or more; 3. PATH will promptly report to FRA by telephone any accident or incident arising from failure to perform any required brake test; and 4. FRA reserves the right to modify or rescind this waiver upon receipt of information pertaining to the safety of rail operations of in the event of non-compliance with any condition of this approval.

3. PATH has complied with the temporary waiver of compliance and has equipped all 8 1 “C” cars with a brake indicator light. Currently, more than 66% of the “A” cars are equipped with brake indicator lights. The intent within the temporary waiver of compliance was to equip all “A” cars with brake indicator lights. This project was temporarily put on hold, to install the brake indicator lights on the 81 “C” cars because there is no air gauge on a “C” car and station platform configuration precludes one’s ability from conducting a physical inspection of the brakes releasing. With the loss of the World Trade Center and Exchange Place Station, PATH now operates three services - Newark to 33’d Street, Hoboken to 33’d Street and Journal Square to Hoboken - all with stub end terminals. These service changes have increased the number of intermediate terminal air brake tests.

4. In addition to the aforementioned service changes, the elimination of the World Trade Center service has caused PATH’s ridership to shift to other station destinations. Changes in travel patterns had been observed even before September 11,200l. This passenger destination shift has resulted in the expansion of the duration of PATH’s rush hour service and caused heavy passenger loading spread out throughout the Newark to 33rd Street service. In addition, the stations along Sixth Avenue enroute to 33rd Street are turn-of-the-century stations built by the Hudson and Manhattan Railroad and only accommodate seven car trains, relative to the 8 car trains that had been operating in the Newark to World Trade Center service. The loss of the eighth car, coupled with high ridership levels exiting and entering throughout the system, exacerbates PATH’s need to maintain frequent rapid transit service intervals to ensure the safety of our customers by relieving platform congestion.

5. Accordingly, PATH requests a continuation of the temporary waiver of compliance to Section 238.3 17 when terminal station dwell times are less than seven minutes as set forth within the correspondence dated May 25,200O and amended by the attachment that reflects PATH’s current operational schedule.

CONCLUSION

Accordingly, by way of relief, PATH respectfully requests the issuance of waivers from compliance from the provisions of 49 CFR 238.305(c)(lO) and (d)(l),(2),(3); 49 CFR 238.303(e)(7); 49 CFR 238.3 15(f)(3); 49 CFR 238.3 17

Respectfully submitted,

5 -v Hy&. Welsh, Counsel for PORT AUTHORITY TRANS-HUDSON CORPORATION . 4’ .-.

: TD-00-019 MARCH 31, 2000

Engineers and Conductors

All train crew members are reminded that a train would be departing an initial terminal whenever the Engineer puts on the brake handle. Ail trains, whether it is a passenger, or any other kind of train, are required to huve a terminal air test performed prior to depurting an initial terminal during the hours posted in Notice TD-99-010 which ure reprinted on the following pages.

During times not listed on the schedule below, terminal air tests will also be conducted whenever the train bus a dwell time of seven minutes without being charged, which includes any train put in to service. The only time an air test is not required is when the dweI1 time is less than seven minutes during times not listed on this schedule.

Every train will also receive an air test whenever there is any change in consist, regardless of location or time.

If you have any questions, please contact an Operations Examiner on your tour.

Your cooperation is appreciated.

fiL Karen Matthews Superintendent Trunsportation Division

Attuchment

I *

- Attachment to: TD-00-019

Initial Terminal Train Brake Tests (Mon - Fri)

0 Standing air test will be performed prior to departing a terminal when a train is first “put in” to service. 0 At each terminal during the time periods identified, when operating ends are changed. All other times conductors will observe indication lights at the rear of the train.

Newark

5:30am - 6:30am 9: 15am - 10: Ham 6: 15pm - 7:30pm 9:OOpm - 10:OOpm

Journal Square

4:30am - 7:30am 9:OOam- 4:30pm 6:OOpm - 10:30pm

6:OOam - 6:4%1-n 9:ooam - lo:ooam 6:30pm - 8:OOpm

World Trade Center (Hoboken trains only)

5:3Oam - 6:45am * 9:OOam - 4: 15pm * 6: 15pm - 9:45pm *

3 rd Street

None

* Required only for “put in” trains and during crew changes. I’ ’ . .

Initial Terminal Train Brake Tests (Sat & Sun)

Newark

8:OOam - 9:OOam 7:30pm - 8:30pm

Journal Sauare

8:OOam - 10:OOam 7:30pm - 12:OOmn

9: 15am - 7:3Opm 9:ooa.m - lo:ooam 6:3Opm - 7:45pm

World Trade Center

None

Street

None PORT AUTHORITY TRANS-HUDSON CORPORATION TRANSPORTATION DIVISION

REVISION

NOTICE NO. TD-01-039 DECEMBER 14,200i

!@jj: CONDUCTORS and ENGINEERS

To ensure compliance with the above FRA regulation, all train crew m’embers are reminded that a train is departing an initial terminal whenever the Engineer has applied the brake handle to begin a trip. Accordingly, a Terminal Air Brake Test must be performed on all trains, whether a passenger or any other type of train, according to the following situations:

P When departing an initial terminal during the hours posted on the attachment to this notice

P Outside the time frames noted on the attachment, whenever any train put into service

> Outside the time frames noted on the attachment, whenever any train has a dwell time of seven (7) minutes or more without being charged

> Any change in train consist, regardless of location or time

If you have any questions, please contact the Operations Examiner on your respective tour.

Your cooperation is appreciated.

Karen Matthews Superintendent Transportation Division

Attachment (1)

--- REVISED 12/14/01

Attachment to: TD-01-039

- Standing air test will be performed prior to departing a terminal when a train is first “put in” to service.

- At each terminal during the time periods identified, when operating ends are changed. All other times conductors will observe indication lights at the rear of the train.

Newark

5:3Oam - 6:30am 950am - 3:OOpm 6:50pm - 11:30pm

Journal Square

6:OOam- 7:3Oam 9:00am-4:3Opm 5:5Opm - 10:OOpm

Hoboken

6:OOam-6:3Oam 7:35am-3:OOpm 6:OOpm - 1l:lOpm

33rdStreet

None -2-

REVISED 12/14/01

Attachment to TD-01-039

Initial Tetiinal Tr5ti~ I B&e Tests (Sat & Sun)

- Standing air’test will be performed prior to departing a terminal when a train is first “put in” to service.

- At each terminal during the time periods identified, when operating ends are changed. All other times conductors will observe indication lights at the rear of the train.

7:15am - 8:15am 7:30pm - 11:15pm

Journal Square

8:55am - 9:5Oam

Hoboken

9:4Oam - 6:4Opm

33rdStreet

None

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