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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. I 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. II 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.
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