[Federal Register Volume 64, Number 190 (Friday, October 1, 1999)]
[Notices]
[Pages 53435-53444]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-25541]


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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration


Petitions for Waivers of Compliance; Petition for Exemption for 
Technological Improvements

    In accordance with Title 49 Code of Federal Regulations (CFR) 
Sections 211.9 and 211.41, and 49 U.S.C. 20306, notice is hereby given 
that the Federal Railroad Administration (FRA) has received a request 
for waiver of compliance with certain requirements of the Federal 
railroad safety regulations and a request for exemption of certain 
statutory provisions. The individual petition is described below, 
including the party seeking relief, the regulatory and statutory 
provisions involved, the nature of the relief being sought and the 
petitioner's arguments in favor of relief.

Utah Transit Authority

FRA Waiver Petition No. FRA-1999-6253

    Utah Transit Authority (UTA) seeks a permanent waiver of compliance 
from certain CFR parts of Title 49, specifically: Part 219, Control of 
Alcohol and Drug Use; part 221, Rear End Marking Device--Passenger, 
Commuter and Freight Trains; part 223, Safety Gazing Standards--
Locomotives, Passenger Cars and Cabooses; part 225, Railroad Accidents/
Incidents--Report Classification, and Investigations; part 228, Hours 
of Service of Railroad Employees; part 229, Railroad Locomotive Safety 
Standards; part 231 Railroad Safety Appliance Standards; part 234, 
Grade Crossing Signal System Safety; part 238, Passenger Equipment 
Safety Standards; part 239, Passenger Train Emergency Preparedness; 
part 240, Qualification and Certification of Locomotive Engineers; and 
the statutory requirements 49 U.S.C. 20301 through 20305.
    UTA seeks approval of shared track usage and waiver of certain FRA 
regulations involving light rail passenger operations on the planned 
light rail transit system known as ``TRAX.'' The TRAX System will 
operate on an approximately 15 mile track between downtown Salt Lake 
City and the City of Sandy, Utah to the south. FRA has jurisdiction 
over a portion of the TRAX System because it will be connected to the 
general railroad system of transportation; a portion of the TRAX System 
will be on a rail line on which a short line freight railroad currently 
operates, and will continue to operate after start-up of TRAX service.
    In each section entitled ``Justification,'' FRA merely sets out 
UTA's justifications which are included in its petition. In doing so, 
UTA references the proposed Joint Policy Statement on Shared Used of 
the General Railroad System issued by FRA and the Federal Transit 
Administration (FTA) (64 FR 28238; May 25, 1999) (``Policy 
Statement''). The proposed policy statement suggests that regulation of 
light rail service on the general rail system, under conditions of 
temporal separation from conventional rail movements, be handled 
through application of complementary strategies. FRA regulations would 
generally be employed to address hazards common to light rail and 
conventional operations for which consistent handling is necessary, 
while other hazards would be handled under FTA's program of State 
Safety Oversight (49 CFR Part 659). See proposed Policy Statement for 
details. Since FRA has not yet concluded its

[[Page 53436]]

investigation of the planned TRAX system, the agency takes no position 
at this time on the merits of UTA's stated justifications. As part of 
FRA's review of the petition, the Federal Transit Administration will 
appoint a non-voting liaison to FRA's Safety Board, and that person 
will participate in the board's consideration of UTA's waiver petition.

Part 219  Control of Alcohol and Drug Use

    Part 219 prescribes minimum Federal safety standards for the 
control of alcohol and drug use by railroad workers for the purpose of 
preventing accidents and casualties in railroad operations that result 
from impairment of employees by alcohol or drugs.
Justification
    UTA requests a waiver of all of the requirements of part 219 so 
that all of the employees assigned to the TRAX System who would 
otherwise be covered employees under this part, would become covered 
employees subject to UTA's existing drug and alcohol program under the 
FTA rules at 49 CFR part 653, Prevention of Prohibited Drug Use in 
Transit Operations, and part 654, Prevention of Alcohol Misuse in 
Transit Operations. UTA believes that this would provide UTA with 
operational advantages while preserving an equivalent level of safety.
    The FTA regulations apply to recipients of Federal mass transit 
funds, except those ``specifically excluded'' because they are 
recipients operating railroads regulated by FRA. 49 CFR 653.5 and 
654.5. In such cases, a recipient is to follow FRA regulations in 49 
CFR part 219 for its ``railroad operations.'' However, such a recipient 
is still required to certify that it is in compliance with applicable 
rules and to comply with parts 653 and 654 for its ``non-railroad 
operations.''
    UTA is a recipient of Federal mass transit funds, and therefore, 
would be subject to the compliance certification provision of FTA's 
regulations at parts 653 and 654 for any railroad operations otherwise 
covered by FRA's regulations at 49 CFR part 219, and is currently 
subject to all of the requirements of parts 653 and 654 for UTA's bus 
operations. If granted a waiver from the requirements of part 219, the 
subject light rail operations would automatically fall under the 
regulatory jurisdiction of FTA. Thus, all of the employees assigned to 
the LRT operation, who would otherwise be covered employees under this 
part, would become covered employees under FTA's rules at parts 653 and 
654.
    Application of the FTA drug and alcohol rules, when implemented in 
compliance with the FRA rule, would provide an equivalent level of 
safety consistent with the policy underlying part 219. A basic review 
of the respective FRA and FTA regulations reveals that they are quite 
similar in purpose, structure and substance. Both regulations are 
intended to enhance safety by prohibiting and eliminating misuse of 
drugs and alcohol which might otherwise result in accidents and 
injuries to employees and the traveling public. Both regulations 
provide for procedural and recordkeeping requirements to safeguard the 
integrity of the program and provide privacy and due process 
protections for covered employees. Finally, both sets of regulations 
prohibit impaired employees from performing safety sensitive functions 
and require testing of essentially the same personnel under similar 
circumstances (i.e., random, post-accident, reasonable suspicion, and 
return-to-duty testing, and in the case of drugs, pre-employment 
testing).
    Although there are differences between the regulations, there are 
no major policy differences with respect to the need to eliminate drug 
and alcohol misuse or the primary importance of safety in 
transportation operations. The most obvious difference involves the 
application of penalties for non-compliance. Under FRA rules, a 
regulated entity found to be in violation of the rule may be subject to 
the assessment of civil penalties in accordance with a published 
schedule. The FTA regulations do not contain such a civil penalty 
structure. However, under the FTA regulations, compliance is a 
condition for eligibility for receipt of Federal funds. Non-compliance 
can result in suspension of eligibility for applicable Federal funding 
altogether. Thus, the severity of the potential penalty serves as a 
deterrent in the same way as the FRA civil penalty program.

Part 221  Section 221.13(d)--Marking Devices Display; Section 
221.14(a)--Marking Devices

    Sections 221.13(d) and 221.14(a) contain requirements that 
passenger, commuter and freight trains be equipped with and display 
rear end marking devices. The requirements are intended to reduce the 
likelihood of rear-end collisions due to the inconspicuity of the rear-
end of a leading train.
Justification
    UTA seeks a waiver from these requirements because the TRAX 
vehicles, while having rear end lights, will not have the specific 
marking devices set forth in the regulation. However, exemption from 
the marking device requirement in this case will not compromise safety. 
The TRAX light rail cars are designed to have two taillights 
permanently mounted into the car body. These red lights are designed to 
be visible for a distance of 500 feet from the rear-end of the train 
and are located 45 inches above the top of rail. Because the rear 
lights on the TRAX vehicles will make them conspicuous to any trailing 
train, the TRAX vehicle lighting will provide an equivalent level of 
safety to that provided by the FRA regulation.

Part 223  Section 223.9(c)--Glazing Requirements; Section 223.17--
Identification.

    Section 223.9(c) requires that passenger cars be equipped with FRA-
certified glazing in all windows. This requirement is intended to 
reduce the likelihood of injury to passengers and/or employees from 
breakage and shattering of windows (including windshields). Section 
223.17 requires each passenger car that is fully equipped with FRA 
compliant glazing material to have a notice of compliance stenciled on 
an interior wall of the car. This serves the purpose of providing 
notice about the glazing material in the car.
Justification
    UTA requests a waiver of this requirement because the TRAX vehicle 
will conform instead to the windshield and window requirements of 
Sec. 6.04 of Appendix A of California Public Utilities Commission 
(CPUC) General Order 143-A. Under this standard, windshields and other 
windows must be made of laminated safety glass or shatter-proof or 
tempered glazing material. Glass meeting this standard is break-
resistant in normal usage, but if broken, will ``crumble'' into pebble-
like pieces, posing no significant hazard to passengers, employees, or 
rescue personnel. The use of such safety glass windows is standard 
throughout the rail transit industry for (among other applications) in-
street light rail operations, where it has proved both durable and 
safe. In addition, the interior side of the window surfaces will have a 
carbonate coating. While the primary purpose of the coating is to 
render the windows resistant to graffiti, the coating also serves to 
provide additional protection against spalling in the event the window 
is broken. This extra protection adds to the safety of the windows. 
Finally, the risk associated with vandalism (such as by rocks

[[Page 53437]]

thrown against the windows) is addressed from an operational standpoint 
in the security portions of the Safety Plan.

Section 223.9  Emergency Exit Window Markings.

    Section 223.9(d) sets forth requirements for the marking of 
emergency windows and the posting of emergency window operating 
instructions. These requirements are intended to help passengers and 
emergency responders distinguish emergency windows from other windows 
and provide information on the operation of the emergency windows.
Justification
    UTA requests a waiver from these requirements because the TRAX 
vehicles are not equipped with emergency windows. Thus, identification 
of some windows as ``emergency windows'' and the posting of special 
operating instructions is not appropriate in this instance.

Section 223.15(c)  Emergency Window Requirements

    Section 223.15(c) requires each passenger train car to be equipped 
with at least four emergency windows designed to permit rapid and easy 
removal during an emergency. This requirement is intended to enhance 
safety by providing emergency egress in addition to egress through 
vehicle doorways.
Justification
    UTA requests a waiver of this requirement because although the TRAX 
vehicle will not literally meet this standard, it will meet or exceed 
the safety objective of the requirement. As noted above, the TRAX 
vehicles will not be manufactured with emergency windows. Rather, the 
TRAX vehicle is designed so that the doorways provide the requisite 
emergency exit capability. In fact, the TRAX vehicle doorways provide 
greater access/egress capability than is found on conventional commuter 
rail cars.
    Each vehicle has four sets of double doors on each side of the 
vehicle. Each set of double doors provides a 8-foot by 4-foot opening, 
and the vehicle is designed such that the cars can completely empty in 
less than one minute with all doors open. The doors are releasable 
through an emergency release lever and may be opened without power 
supply. The interior door release levers will be clearly marked and in 
a location accessible to all passengers. These release features make it 
very unlikely that a crash would render more than one set of doors in a 
car, if any, inoperative, and enable quick and easy opening of the 
doors by passengers. Even if one set of doors were inoperative after a 
crash, the other sets of doors would still provide significant 
opportunity for egress. The placement of two sets of doors on each side 
of the vehicle will provide significant capacity for mobility in and 
out of each side of the car should one side not be suitable for use in 
exiting the train.
    UTA believes that the doors will provide emergency egress capacity 
equivalent to or better than FRA emergency exit window requirements. 
With these features, there is little risk of passengers becoming 
trapped or rescue personnel being unable to reach passengers. 
Accordingly, a waiver of Sec. 223.15(c) is justified. In addition, the 
TRAX Emergency Response Plan provides for passenger evacuation and 
crowd control planning.

Part 225  Railroad Accidents/Incidents Reporting

    Part 225, Reports Classification, and Investigations, prescribes 
reporting requirements for accident/incidents meeting the materiality 
thresholds in Sec. 225.19. The reporting requirements support FRA's 
enforcement efforts and provide information to detect trends on an 
industry-wide basis.
Justification
    UTA requests a waiver of reporting and investigation requirements 
for injuries because UTA will be following the injury reporting 
requirements which will be established by UDOT, as required by UTA's 
System Safety Program Plan (SSPP). In addition, UTA is responsible for 
compliance with applicable Occupational Safety and Health 
Administration workplace injury reporting requirements. Compliance with 
FRA regulations for injuries on the Shared Trackage would require the 
creation of a separate administrative structure for injury reporting, 
which would place an unnecessary administrative burden on UTA without 
enhancing safety.

Part 228  Records and Reporting

    Sections 228.17(a) (2)-(10) of part 228 contain train movement 
recordkeeping requirements to be maintained by persons performing 
dispatcher functions. These requirements are intended to aid FRA in 
enforcing the statutory hours of service requirements by providing a 
detailed record of train movements and crew locations.
Justification
    UTA requests a waiver of these requirements because they will 
create an unnecessary paperwork burden for UTA, while providing little 
of the benefit they do in the freight railroad operating environment. 
The requirements of Secs. 228.17(a)(2)-(10) are designed for freight 
railroad operations, where there usually are multiple dispatching 
districts, varying train consists, routes and locomotive power units, 
changing train schedules, and unscheduled trains. On freight railroads 
dispatcher and train crew working hours may vary and reporting stations 
may change. Usually work is not confined to a short segment of rail 
line and overnight time away from home is common. In this environment 
the FRA-required dispatcher records are useful for keeping track of 
trains and train crews, which is essential to assuring compliance with 
the hours of service requirements without disruption to service.
    TRAX service, however, is very different. TRAX Controllers will 
operate out of one facility, running the same consist on the same route 
every operating day. TRAX service will operate on a scheduled basis on 
a 15-mile line, and will make station stops. Controllers and vehicle 
operators will work fixed schedules, with many of the same controllers 
and vehicle operators working the same hours each week. TRAX records 
maintained by other personnel will contain information on the 
controllers and vehicle operators working on particular times on 
particular days. Controllers and vehicle operators will not need to be 
away from their home terminals as part of their work duty. Although 
TRAX controllers will control the movement of freight trains once the 
trains are admitted to the Shared Trackage, the controllers are not 
responsible for dispatching freight trains or tracking crew movements 
generally. Thus, in the TRAX operating environment, the standard 
records maintained by UTA on train and train crew movements and 
operator attendance will provide sufficient information to determine 
service hours worked.

Part 229  Railroad Locomotive Safety Standards

    Sections 229.46-229.59 set forth standards related to operation and 
maintenance of railroad locomotive air brake systems. These 
requirements are intended to ensure that locomotive brake components 
are and remain in good working order to permit the proper function of 
the brake system and to

[[Page 53438]]

reduce the likelihood of accidents due to failures of locomotive brakes 
and/or brake system components.
Justification
    Standard railroad locomotives employ air brake systems and 
Secs. 229.46-229.59 are designed to regulate such systems. The TRAX 
vehicles, however, use electrically activated hydraulic brakes, 
supplemented by dynamic brakes and magnetic track brakes. Because the 
TRAX vehicles do not have air brakes, Secs. 229.46-229.59 are not 
applicable to the TRAX vehicle brake system. UTA assures FRA, however, 
that safety will not be compromised. UDOT regulations and UTA's Safety 
Plan for the operation and maintenance of the TRAX System will require 
that the inspection, testing, maintenance and operation of the brake 
equipment on the TRAX vehicle rise to an equivalent level of safety as 
that achieved through compliance with Secs. 229.46-229.59 on 
conventional commuter rail equipment.
    UTA requests that FRA confirm that Secs. 229.46-229.59 are not 
applicable to the TRAX System. Alternatively, should FRA determine that 
these sections do apply, UTA requests a waiver of these sections since 
the differences between air brake and electrically activated hydraulic 
brake systems render application of the requirements inappropriate and 
because UDOT regulations and the UTA Safety Plan will provide an 
equivalent level of safety.

Section 229.61  Draft System

    Section 229.61 requires that couplers be free of excessive slack, 
breaks and cracks in certain critical component areas. Section 229.61 
also requires a device to be provided to prevent drawbar and 
articulated connection pins from falling out in the case of breakage. 
The purpose of these requirements is to ensure that the coupler is in 
good working order to perform as required.
Justification
    UTA requests a waiver from the requirements in Sec. 229.61 because 
the TRAX vehicles do not utilize a draft system for coupling. Rather, 
the TRAX vehicle has a Scharfenberg Coupler, which is an automatic way 
of connecting the light rail vehicles both physically and electrically. 
As the two couplers come into contact with each other, the indexed 
male/female coupler faces its mate providing a ridged interface. As the 
coupler faces come together the electrical head cover swings up and 
allows the pin connectors to engage, allowing train line communication. 
The coupler is an energy absorbing connecting device in both buff and 
draft. The coupler is capable of absorbing 175 kN at a velocity of 3 
mph. The buff and draft loads are transmitted to the car underframe via 
the coupler shank and rubber cushion draw gear. When the two couplers 
are connected, the coupler locks form a parallelogram where the draft 
forces are counterbalancing each other, thus making unintentional 
uncoupling impossible. The coupler attaches to the vehicle underframe 
via four cap bolts torqued to 295 ft. lbs. See Exhibit J. The Safety 
Plan will provide for operation and maintenance of vehicle couplers in 
good working order.

Section 229.65  Spring Rigging

    Section 229.65 sets forth requirements for the safety of springs 
and shock absorbers. The purpose of these requirements is to ensure 
that these components are in good working order and that safety hazards 
will be minimized if the components do break.
Justification
    UTA requests a waiver of the requirements of Sec. 229.65 because 
the TRAX vehicle has a different type of suspension system than that 
envisioned by the regulation. The suspension system of the TRAX vehicle 
consists of a primary elastometric element (Chevron spring type) and a 
secondary coil spring. The maximum amount of vehicle drop in the event 
of spring breakage is three inches. In the event of a vehicle 
derailment, the powered and non-powered bogies are held to the car 
frame using bogie retainer rods.
    In accordance with the Safety Plan, UTA will maintain the TRAX 
vehicles' suspension system to ensure that the suspension system is 
free of material defects and operates in good working order.

Section 229.71  Clearance above Top of Rail

    Section 229.71 requires that no part or appliance of a locomotive, 
with limited exceptions, be less than 2 1/2 inches above the top of 
rail. The purpose of this requirement is to ensure that inappropriate 
parts of the locomotive do not make contact with the tracks or 
obstructions on the tracks, thereby decreasing the risk of derailment.
Justification
    UTA requests a waiver from this requirement because the track 
brakes on the TRAX vehicle are located between the wheels of the truck 
just one inch above the rail. The track brakes, which are essentially 
large magnets, must be positioned there to operate properly. However, 
the presence of the track brakes close to the track does not present a 
safety hazard. Because of the placement of the brakes between the 
wheels, any obstruction on the track would be struck by the wheels 
before striking the brakes.

Section 229.77(b)  Current Collectors

    Section 229.77(b) requires that each pantograph operating on an 
overhead trolley wire have a device for locking and grounding it in the 
lowest position, which can be applied and released only from a position 
where the operator has a clear view of the pantograph and roof and 
without mounting the roof. The purpose of this requirement is to reduce 
the risk of electrical shock injury due to defective or ungrounded 
pantographs.
Justification
    UTA requests a waiver from this requirement because in the TRAX 
vehicle the operator will not be able to see the pantograph from the 
cab. However, if the pantograph is defective, the train will be unable 
to move and the operator will know there is a problem with the 
pantograph. On the TRAX vehicles, the pantograph is raised and lowered 
electrically from inside the controlling cab. In the event that 
manually raising or lowering the pantograph is necessary, it is done 
from inside the vehicle with a specialized tool. Thus, the operator 
remains separated from risks associated with contact with the 
pantograph.

Section 229.125  Headlights and Auxiliary Lights

    Sections 229.125(a), (b), (d), and (f) contain specifications for 
the placement and brightness of locomotive headlights and auxiliary 
lights. The purpose of these requirements is to reduce the risk of 
collisions attributable to inconspicuity of the train, particularly in 
low light level situations.
Justification
    UTA requests a waiver from this requirement because the exterior 
lighting of the TRAX vehicle is designed in conformance with Secs. 5.01 
and 5.02 of Appendix A of CPUC General Order 143-A. See Exhibit I. 
These lights on the TRAX vehicles will provide an equivalent level of 
conspicuity to the vehicles, thereby meeting FRA's regulatory 
objective.
    In accordance with CPUC General Order 143-A, the TRAX vehicles will 
be equipped with two headlights that are capable of revealing a person 
or motor vehicle in clear weather at a distance of 600 feet and which 
will be adjusted so as not to interfere with the vision of

[[Page 53439]]

motor vehicle drivers. The TRAX vehicles also will be equipped with a 
third light, centrally positioned near the top of the vehicle, creating 
a triangle configuration with the headlights. This triangular lighting 
configuration will render the TRAX vehicle easily distinguishable to 
motor vehicles and freight trains.
    In addition, the TRAX vehicle will have two red lights which will 
emit a light plainly visible in clear weather from a distance of not 
less than 500 feet to the rear of the train. The TRAX vehicle will also 
have two red stoplights mounted on the end with the taillights. These 
stoplights will be capable of producing approximately 150 percent of 
the intensity of the taillights and will be illuminated whenever any 
brake other than the parking brake is applied. These lights will make 
the TRAX vehicle clearly visible to any other train on the tracks, as 
well as to motor vehicle traffic at grade crossings.

Section 229.135  Event Recorders

    Section 229.135 requires that, with certain exceptions, any train 
which is operated faster than 30 mph must be equipped with an in-train 
event recorder in the lead locomotive. Event recorders keep automatic 
records of various type of train activities, such as speed, brake 
applications, signals passed, etc., that can be used both to aid in the 
reconstruction of accidents and to monitor safety compliance by train 
operators.
Justification
    UTA requests a waiver from this requirement because the TRAX 
vehicles will not be equipped with event recorders. However, the Train 
Control Units (TCU) within each vehicle are capable of capturing all of 
the information required by the regulation, except for throttle 
position. Although the TCU is not a continuous recorder, it is 
activated any time a fault is seen and the information captured is 
saved indefinitely (it cannot be overwritten like it can be on a 
traditional event recorder). Consequently, in the event of an accident, 
the TCU will capture virtually all the same information required by the 
regulation, making this information available to UTA and state and 
federal investigators for accident reconstruction and safety oversight 
purposes.

Part 231  Passenger Cars Without End Platforms

    Section 231.14 specifies the requisite location, number, 
dimensions, and manner of application of a variety of railroad car 
safety appliances (e.g., hand brakes, ladders, handholds, steps), 
directly implementing a number of statutory requirements found in 49 
U.S.C. 20301 through 20305.
    The statute contains specific standards for automatic couplers, 
sill steps, hand brakes, and secure ladders and running boards. Where 
ladders are required, the statute mandates compliant handholds or grab 
irons for the roof of the vehicle at the top of each ladder. Compliant 
grab irons or handholds also are required for the ends and sides of the 
vehicles, in addition to standard height drawers. In addition, the 
statute requires trains to be equipped with a sufficient number of 
vehicles with power or train brakes so that the engineer may control 
the train's speed without the use of a common hand brake. At least 50 
percent of the vehicles in the train must be equipped with power or 
train brakes, and the engineer must use the power or train brakes on 
those vehicles and all other vehicles equipped with such brakes that 
are associated with the equipped vehicles in the train.
    Aside from these statutory-based requirements, the regulations 
provide additional and parallel specifications for hand brakes, sill 
steps, side handholds, end handholds, end handrails, side-door steps 
and uncoupling levers. More specifically, each passenger vehicle must 
be equipped with an efficient hand brake that operates in conjunction 
with the power brake on the train. The hand brake must be located so 
that it can be safely operated while the passenger vehicle is in 
motion. Passenger cars must have four sill steps and side-door steps 
and prescribed tread length, dimensions, material, location, and 
attachment devices for sill steps and side-door steps. In addition, 
there are requirements for the number, composite material, dimensions, 
location, and other characteristics for side and end handholds and end 
handrails. Finally, this section requires the presence of uncoupling 
attachments that can be operated by a person standing on the ground.
    These very detailed regulations are intended to ensure that 
sufficient safety appliances are available and that they will function 
safely and securely as intended.
Justification
    As noted above, some of the requirements in Sec. 231.14 are 
required by statute and, therefore, are not subject to waiver under 
FRA's regulatory waiver provisions. FRA does, however, have the 
statutory authority to provide exemptions from these statutory 
requirements. 49 U.S.C. 20306. Consequently, UTA requests exemption 
from and/or waiver of these requirements, as appropriate, because the 
TRAX light rail vehicles will be equipped with their own array of 
safety devices resulting in equivalent safety. These are discussed 
below in greater detail.
    The TRAX light rail vehicles are low boarding vehicles. The risk of 
falling while climbing aboard the vehicle is minimal, and therefore 
most of the listed appliances are not necessary for safety. The TRAX 
light rail vehicles do, however, have equivalent versions of some of 
the safety appliances that are tailored to TRAX operations. For 
example, to ensure passenger and crew safety during the embarking/
disembarking process and during operation of the vehicles, the TRAX 
light rail vehicles are equipped with grab handles and bars. In 
addition, each vehicle is equipped with an appliance running the length 
of the front of the vehicle to provide protection against foreign 
objects being caught under the car body while the vehicle is in motion. 
Also, the TRAX light rail vehicles are equipped with automatic 
couplers, rendering uncoupling levers unnecessary.
    The TRAX light rail vehicles will have brakes that meet the 
standards set forth in CPUC General Order 143-A, Exhibit I, and will be 
inspected, tested, and maintained as required by Section 5 of the UTA 
Safety Plan, Exhibit G. Therefore, the TRAX light rail vehicle brake 
system will be equivalent to a standard air brake system, and thus 
provide an equivalent level of safety.
    UTA is aware that it may obtain exemption from the statutory safety 
appliance requirements mentioned above only if application of such 
requirements would ``preclude the development or implementation of more 
efficient railroad transportation equipment or other transportation 
innovations.'' 49 U.S.C. 20306. The exemption for technological 
improvements was originally enacted to further the implementation of a 
specific type of freight car, but the legislative history shows that 
Congress intended the exemption to be used elsewhere so that ``other 
types of railroad equipment might similarly benefit.'' S. Rep. 96-614, 
at 8, (1980), reprinted in 1980 U.S.C.C.A.N. 1156, 1164.
    FRA has recognized the potential public benefits of temporally 
separated transit use on segments of the general railroad system. Light 
rail transit systems ``promote more livable communities by serving 
those who live and work in urban areas without adding congestion to the 
nation's overcrowded

[[Page 53440]]

highways.'' FRA Policy Statement at 28238. They ``take advantage of 
underutilized urban freight rail corridors to provide service that, in 
the absence of the existing right of way, would be prohibitively 
expensive.'' There have been many technological advances in types of 
equipment used for passenger rail operations, such as the use of light 
rail transit vehicles that will be used for the TRAX light rail system. 
Light rail transit equipment is energy efficient for passenger rail 
operations because it is lighter than conventional passenger equipment. 
Most light rail vehicles are electric, which reduces air pollution. 
Light rail vehicles are able to quickly accelerate or decelerate, which 
makes them more suitable than other equipment types in systems with 
closely-configured stations. Denying UTA's request for an exemption 
from certain safety appliance requirements, would preclude the 
implementation of light rail transit for shared use/temporal separation 
operations. Moreover, compliance with the statutory requirements is not 
necessary for safe operations.
    With regard to the regulatory requirements of Sec. 231.14, the TRAX 
light rail vehicles will be equipped with safety appliances that are 
more appropriate for light rail transit vehicles, thus achieving an 
equivalent or superior level of safety in the TRAX operating 
environment.

Section 234.105(c)(3)  Activation Failure

    Section 234.105 sets forth procedures to be followed in the event 
of a failure of the activating mechanism of a highway-rail grade 
crossing warning system. Section 234.105(c) provides for alternative 
means of actively warning highway users of approaching trains during 
periods of warning system activation failure. These requirements are 
intended to prevent collisions between motor vehicles and trains at 
grade crossings due to failure of the grade crossing warning system by 
providing for alternate means of controlling traffic at such crossings.
Justification
    UTA requests a waiver from this requirement because this procedure 
is not compatible with TRAX operations. In cases of grade crossing 
warning system activation failures, UTA will deploy flaggers or request 
the deployment of uniformed law enforcement officers to provide traffic 
control services, in accordance with the requirements of this section. 
However, there may be times at which no flagger or uniformed law 
enforcement officer is available. In such instances, UTA will not be 
able to follow the procedure in Sec. 234.105(c)(3) to move the train 
through the crossing because the TRAX vehicles will be operated by one 
person crews, and that crewmember cannot leave the train to flag the 
crossing. Instead, UTA proposes to bring the train to a full stop at 
the crossing, sound an appropriate audible warning device on the 
vehicle, then proceed through the crossing at restricted speed as 
conditions permit (in any case less than 15 mph). The combination of 
the proposed procedure along with the fact that almost all of the 
crossings will have non-mountable clearly marked medians, will provide 
a level of safety equivalent to that provided by the FRA rule, while 
causing less disruption to TRAX service.

Section 238.113  Emergency Window Exits

    Section 238.235 requires passenger cars to have a minimum of four 
emergency exit windows of specified size and operational 
characteristics. This requirement is intended to provide for 
sufficient, easily accessible avenues of egress from passenger cars in 
the case of emergency.
Justification
    UTA requests a waiver of this requirement on the same basis with, 
and with the same justification as, the waiver requested for 
Sec. 223.15(c).

Section 238.115(b)  Emergency Lighting and Back-up Power

    Section 238.123(b) requires passenger cars to provide battery 
powered emergency lighting meeting certain specified standards. The 
purpose of this requirement is to ensure that in an emergency 
situation, sufficient lighting will remain available to aid passengers, 
crew members and, rescue personnel to access and leave the train 
safely.
Justification
    UTA seeks a waiver from some of the requirements of Sec. 238.115(b) 
because the TRAX vehicle uses an emergency lighting system typical of 
light rail vehicles in service throughout North America.
    The emergency lighting on the TRAX vehicle will operate in all 
equipment within 45 degrees of vertical and will operate for a period 
of at least four hours, in excess of the FRA standard. The emergency 
lights, placed over every other door, will provide sufficient light to 
facilitate easy egress from and access to the low interior floor. The 
emergency lighting and back-up power in the operator's cab will be 
sufficient to permit safe operation of the control, radio, and public 
address system.
    TRAX vehicles will operate in an urban/suburban region; the route 
is at-grade with many easy points of access. The farthest distance 
between the track and a street access point is 1,000 feet. Emergency 
responders will be able to reach any portion of the system reasonably 
quickly.
    The TRAX emergency lighting and back-up power systems will provide 
necessary and adequate functioning in the TRAX environment. This 
request is consistent with FRA's position on the appropriate treatment 
of this part as stated in the Policy Statement. Policy Statement at 
28242. Accordingly, a waiver of Sec. 238.115(b) is justified.

Section 238.203  Static End Strength

    Section 238.203 provides for the overall compressive strength of 
rail passenger cars. This section is intended to prevent sudden, 
brittle-type failure of the main structure of a passenger car, thereby 
providing protection of occupants in the case of a crash.
Justification
    UTA requests a waiver of these requirements because the TRAX 
vehicles are constructed to comply with Sections 6.02--6.03 of Appendix 
A of CPUC General Order 143-A. Specifically, each TRAX vehicle will be 
equipped with collision or cab-end corner posts, and the connection of 
the corner posts to the supporting structures (and the supporting 
structure itself) must be able to develop the full bending capacity of 
the collision or corner posts. Further, the vehicle will be designed 
and constructed such that all major structural components meet or 
exceed the following for both an unloaded and a fully loaded LRV body: 
under the action of an end compression load applied to twice the 
unladen car body weight applied longitudinally at the end sills, there 
shall be no permanent strain in any structural member and there shall 
be no stress in any such member exceeding the yield strength of yield 
point of the material.
    The TRAX vehicle is manufactured using a low alloy high tensile 
steel frame. This framework consists of two end sections attached to a 
single articulation joint. Each end section is made up of an end 
underframe which contains the anti-climber, body bolster, corner posts 
and the anti-telescoping structural safety design feature. The SD 100 
design permits end structure loading to be transferred from the anti-
climber through the corner posts up to the roof structure. This 
transfer of structural loading to the roof structure

[[Page 53441]]

helps to protect the passenger compartment by preventing the floor 
structure from receiving the full load. The car body side sheets also 
add to the structural integrity of the SD 100 car body. The TRAX 
vehicle has a specified compression load at coupler anchorage level of 
445 kN (100,000 lbs). The tested compression loading, using an empty 
car at the level of the anti-climber, was 687.21 kN (154,500 lbs). This 
is in line with the design compression loads commonly found on light 
rail transit vehicles in service in North America.
    UTA believes that the design and construction of the TRAX vehicles 
will provide an equivalent level of safety, particularly in the TRAX 
operating environment. As noted previously, because of the temporal 
separation of the freight and passenger operations over the TRAX line, 
the risk of collisions between freight and passenger trains is 
virtually eliminated. Consequently, the need for the TRAX vehicles to 
have sufficient structural strength to survive a collision with a 
freight train is minimized. The CPUC standard for light rail vehicles 
will ensure that the vehicles will have sufficient structural capacity 
to survive collision with each other or other objects (such as motor 
vehicles) with limited risk of injury to occupants.

Section 238.205(b)  Anti-climbing Mechanism

    Section 238.205(b) requires locomotives, including MU locomotives 
(as defined in Sec. 238.5), to have forward and rear end anti-climbing 
mechanisms capable of resisting an upward or downward vertical force of 
200,000 pounds without failure. These requirements are intended to 
prevent override or telescoping of one passenger train unit into 
another in the event of high compressive forces caused by a derailment 
or collision.
Justification
    UTA requests a waiver from these requirements because the TRAX 
vehicle will have an anti-climber mechanism on each end of the vehicle 
designed and constructed with projecting steel corrugations that will 
interlock with a similar device on another LRV, as required under 
Section 6.01 of Appendix A of CPUC General Order 143-A.
    UTA believes that the design and construction of the TRAX vehicle 
anti-climbers will provide an equivalent level of safety, particularly 
in the TRAX operating environment. As noted previously, because of the 
temporal separation of the freight and passenger operations over the 
TRAX line, the risk of collisions between freight and passenger trains 
is significantly reduced. Consequently, a requirement that the TRAX 
vehicles have anti-climbers designed to sustain a collision with a 
freight train is unnecessarily burdensome. The CPUC standard for light 
rail vehicles will ensure that the anticlimbers function as intended to 
lessen the severity of collision between light rail vehicles.

Section 238.207  Link Between Coupling Mechanism and Car Body

    Section 238.207 sets forth strength requirements for the link 
between the car coupling mechanism and the car body. The purpose of 
this requirement is to avoid a premature failure of the draft system so 
that the anticlimbing mechanism will have an opportunity to engage.
Justification
    UTA requests a waiver from the requirements of Sec. 238.207 because 
the TRAX vehicle does not utilize a draft system for coupling. Rather, 
the TRAX vehicle has a Scharfenberg Coupler, which is an automatic way 
of connecting the light rail vehicles both physically and electrically. 
As the two couplers come into contact with each other, the indexed 
male/female coupler faces its mate providing a ridged interface. As the 
coupler faces come together the electrical head cover swings up and 
allows the pin connectors to engage, allowing train line communication. 
The coupler is an energy absorbing connecting device in both buff and 
draft. The coupler is capable of absorbing 175 kN at a velocity of 3 
mph. The buff and draft loads are transmitted to the car underframe via 
the coupler shank and rubber cushion draw gear. When the two couplers 
are connected, the coupler locks form a parallelogram where the draft 
forces are counterbalancing each other, thus making unintentional 
uncoupling impossible. The coupler attaches to the vehicle underframe 
via four cap bolts torqued to 295 ft. lbs. The Safety Plan will provide 
for operation and maintenance of vehicle couplers in good working 
order.

Section 238.209  Forward-Facing End Structure of Locomotives

    Section 238.209 prescribes several strength-related characteristics 
for the skin of the forward-facing end of each locomotive. These 
requirements are intended to provide protection to persons in the 
occupied area of the locomotive cab.
Justification
    UTA requests a waiver from these requirements because the TRAX 
vehicles are designed to meet standard light rail transit car 
specifications. The TRAX vehicle is manufactured with a low alloy high 
tensile steel frame. This framework consists of two end sections 
attached to a single articulation joint. Each end section is made up of 
an end underframe which contains the anti-climber, body bolster, corner 
posts, and the anti-telescoping structural safety design feature. This 
design permits end structure loading to be transferred away from the 
end of the locomotive to the roof structure, providing protection to 
the passengers and crew inside the vehicle. This design has been used 
in light rail vehicles in service throughout the country without 
reported problems arising related to the front end strength of the 
vehicles.

Section 238.211  Collision Posts

    Section 238.211 requires passenger equipment to have two full-
height collision posts of specified strength at each end where coupling 
and uncoupling are expected. This requirement is intended to provide 
for protection against crushing of occupied areas of passenger cars in 
the event of a collision or derailment.
Justification
    UTA requests a waiver of these requirements because the TRAX 
vehicles are constructed to comply with Secs. 6.02-6.03 of Appendix A 
of CPUC General Order 143-A. Specifically, each TRAX vehicle will be 
equipped with collision or cab-end corner posts, and the connection of 
the corner posts to the supporting structures (and the supporting 
structure itself) must be able to develop the full bending capacity of 
the collision or corner posts. Further, the vehicle will be designed 
and constructed such that all major structural components meet or 
exceed the following for both an unloaded and a fully loaded LRV body: 
under the action of an end compression load applied to twice the 
unladen car body weight applied longitudinally at the end sills, there 
shall be no permanent strain in any structural member and there shall 
be no stress in any such member exceeding the yield strength of yield 
point of the material.
    The TRAX vehicle is manufactured using a low alloy high tensile 
steel frame. This framework consists of two end sections attached to a 
single articulation joint. Each end section is made up of an end 
underframe which contains the anti-climber, body bolster,

[[Page 53442]]

corner posts, and the anti-telescoping structural safety design 
feature. The SD 100 design permits end structure loading to be 
transferred from the anti-climber through the corner posts up to the 
roof structure. This transfer of structural loading to the roof 
structure helps to protect the passenger compartment by preventing the 
floor structure from receiving the full load. The car body side sheets 
also add to the structural integrity of the SD 100 car body. The TRAX 
vehicle has a specified compression load at coupler anchorage level of 
445 kN (100,000 lbs). The tested compression loading, using an empty 
car at the level of the anti-climber, was 687.21 kN (154,500 lbs). This 
is in line with the design compression loads commonly found on light 
rail transit vehicles in service in North America.
    The design and construction of the TRAX vehicles will provide an 
equivalent level of safety, particularly in the TRAX operating 
environment. As noted previously, because of the temporal separation of 
the freight and passenger operations over the TRAX line, the risk of 
collisions between freight and passenger trains is virtually 
eliminated. Consequently, the need for the TRAX vehicles to have 
sufficient structural strength to survive a collision with a freight 
train is minimized. The CPUC standard for light rail vehicles will 
ensure that the vehicles will have sufficient structural capacity to 
survive collision with each other or other objects (such as motor 
vehicles) with limited risk of injury to occupants.

Section 238.213  Corner Posts

    Section 238.213 requires two full-height corner posts of specified 
strength at the end of each vehicle. These requirements serve to 
provide protection to occupant compartments from side-swipe type 
collisions.
Justification
    UTA requests a waiver of these requirements because the TRAX 
vehicles are constructed to comply with Secs. 6.02-6.03 of Appendix A 
of CPUC General Order 143-A. Specifically, each TRAX vehicle will be 
equipped with collision or cab-end corner posts, and the connection of 
the corner posts to the supporting structures (and the supporting 
structure itself) must be able to develop the full bending capacity of 
the collision or corner posts. Further, the vehicle will be designed 
and constructed such that all major structural components meet or 
exceed the following for both an unloaded and a fully loaded LRV body: 
under the action of an end compression load applied to twice the 
unladen car body weight applied longitudinally at the end sills, there 
shall be no permanent strain in any structural member and there shall 
be no stress in any such member exceeding the yield strength of yield 
point of the material.
    The TRAX vehicle is manufactured using a low alloy high tensile 
steel frame. This framework consists of two end sections attached to a 
single articulation joint. Each end section is made up of an end 
underframe which contains the anti-climber, body bolster, corner posts, 
and the anti-telescoping structural safety design feature. The SD 100 
design permits end structure loading to be transferred from the anti-
climber through the corner posts up to the roof structure. This 
transfer of structural loading to the roof structure helps to protect 
the passenger compartment by preventing the floor structure from 
receiving the full load. The car body side sheets also add to the 
structural integrity of the SD 100 car body. The TRAX vehicle has a 
specified compression load at coupler anchorage level of 445 kN 
(100,000 lbs). The tested compression loading, using an empty car at 
the level of the anti-climber, was 687.21 kN (154,500 lbs). This is in 
line with the design compression loads commonly found on light rail 
transit vehicles in service in North America.
    The design and construction of the TRAX vehicles will provide an 
equivalent level of safety, particularly in the TRAX operating 
environment. As noted previously, because of the temporal separation of 
the freight and passenger operations over the TRAX line, the risk of 
collisions between freight and passenger trains is virtually 
eliminated. Consequently, the need for the TRAX vehicles to have 
sufficient structural strength to survive a collision with a freight 
train is minimized. The CPUC standard for light rail vehicles will 
ensure that the vehicles will have sufficient structural capacity to 
sustain collision with each other or other objects (such as motor 
vehicles) with limited risk of injury to occupants.

Section 238.215  Rollover Strength

    Section 238.215 sets forth the structural requirements intended to 
prevent significant deformation of the occupant compartments of 
passenger cars in the event the car rolls onto its side or roof. Under 
this section, a passenger car must be able to support twice the dead 
weight of the vehicle while the vehicle is resting on its roof or side.
Justification
    UTA requests a waiver from the requirements of Sec. 238.215 because 
the TRAX vehicle is built to different design criteria which will 
provide an equivalent level of safety. The TRAX vehicle employs a low 
alloy high tensile steel frame in a lightweight low-floor design. The 
low-floor design lowers the center of gravity, as well as the load 
conditions, in rollover circumstances. The lower center of gravity 
makes the TRAX vehicle less prone to rollover than a standard commuter 
rail car. Moreover, in the unlikely event of a rollover, the lighter 
weight of the TRAX vehicle means that the roof does not have to support 
as much weight as a standard commuter rail car. Finally, the design 
features of the TRAX vehicle provide for structural protection of the 
occupant compartments, achieving an adequate level of safety.
    The basic TRAX vehicle design has been in use in transit systems 
throughout North America for the last 20 years without reported 
problems related to rollover strength issues.

Section 238.217  Side Structure

    Section 238.217 sets strength requirements for side posts, corner 
braces and outside sheathing. These specifications are intended to 
provide for additional structural protection, so that a car will derail 
before it collapses into the occupant compartments.
Justification
    UTA requests a waiver from the requirements of Sec. 238.217 because 
the TRAX vehicle is built to different design criteria which will 
provide an equivalent level of safety. The TRAX vehicle is manufactured 
using a low alloy high tensile steel frame with car body side sheets 
which provide protection to the occupant compartment of the vehicle by 
safeguarding the structural integrity of the vehicle, while also 
maintaining the vehicle's lightweight design features. Additionally, 
the relatively short train length ensures that the vehicle will not 
occupy a grade crossing for an extended period, lowering the risk of 
collisions.
    Overall, UTA believes that although the TRAX vehicle may not 
conform to the specific requirements of the regulation, the vehicle 
will provide, in conjunction with the other safety design features of 
the vehicle, a sufficient measure of safety.

Section 238.221  Glazing

    Section 238.221 reiterates the safety glazing standards of 49 CFR 
part 223 and establishes standards for glazing securement components. 
The new requirements for glazing securement are designed to ensure that 
the glazing frame be capable of holding the glazing

[[Page 53443]]

in place against all forces which it is required to resist under part 
223, and forces created by air pressure differences caused when two 
trains pass at their authorized maximum speeds in opposite directions 
at the minimum track separation for two adjacent tracks. Glazing forced 
from the window opening is a potential hazard.
    UTA will be in compliance with the new glazing securement 
requirements, but seeks a waiver from Sec. 238.221 on the same basis as 
the waiver request for the part 223.

Section 238.229  Safety Appliances

    This section reiterates the applicability of the safety appliance 
requirements of 49 CFR part 231 to passenger train cars. UTA seeks a 
waiver from this section on the same basis and with the same 
justification, as the waiver requested from the part 231 requirements 
directly.

Section 238.231  Brake System

    Section 238.231 sets forth standards related to operation and 
maintenance of passenger rail equipment brake systems. These 
requirements are intended to ensure that passenger rail equipment brake 
components are and remain in good working order to permit the proper 
function of the brake system and to reduce the likelihood of accidents 
due to failures of brakes and/or brake system components.
Justification
    Standard commuter rail equipment employs air brake systems and 
Sec. 238.231 is designed to regulate such systems. The TRAX vehicles, 
however, use electrically activated hydraulic brakes, supplemented by 
dynamic brakes and magnetic track brakes. Because the TRAX vehicles do 
not have air brakes, the requirements of Sec. 238.231 are not 
applicable to the TRAX vehicle brake system. UTA assures FRA, however, 
that safety will not be compromised. UTA's Safety Plan for the 
operation and maintenance of the TRAX System will require the 
inspection, testing, maintenance, and operation of the brake equipment 
on the TRAX vehicle to an equivalent level of safety as that achieved 
through compliance with Sec. 238.231 on conventional commuter rail 
equipment.
    UTA requests that FRA confirm that Sec. 238.231 is not applicable 
to the TRAX System. Alternatively, should FRA determine that the 
requirements of this section do apply, UTA requests a waiver of these 
sections because the differences between air brake and electrically 
activated hydraulic brake systems render application of the 
requirements inappropriate and because the UTA Safety Plan will provide 
an equivalent level of safety.

Section 238.233  Interior Fittings and Surfaces

    Section 238.233 set forth strength requirements for passenger car 
interior fittings such as seats, overhead racks, and other similar 
items. In addition, to the extent possible, all interior fittings in 
the passenger car are to be recessed or flush-mounted and sharp edges 
and corners in the locomotive cab or passenger car must be either 
avoided or padded. These requirements are designed to reduce the 
likelihood and severity of injury to train occupants caused by the 
dislodging of seats or other interior items or by occupants striking 
interior items in the event of an accident.
Justification
    UTA seeks a waiver of the requirements of Sec. 229.233 because 
although the TRAX vehicle interior is designed to provide a safe 
passenger environment, the vehicle may not meet the specific strength 
requirements set forth in the regulation. The TRAX vehicle seats are 
designed with a rigid floor pedestal and wall mounting system widely 
used throughout the transit industry with a good safety record. The 
interior fittings are designed to standard transit industry standards 
for passenger safety and comfort and will not pose a hazard to 
passengers. The interior design standards will provide an equivalent 
level of safety to the FRA requirements.

Part 238  Inspection, Testing and Maintenance

    Subpart D of part 238, Secs. 238.301 through 238.319, contains 
requirements pertaining to the inspection, testing, and maintenance of 
the passenger equipment and systems required for Tier I passenger 
equipment. These requirements are designed to ensure that passenger 
rail operations are conducted only on vehicles whose components and 
systems are in good working order, thereby reducing both the chances of 
an equipment-related accident and the severity of damage or injury in 
the case of an accident.
    UTA anticipates being in compliance with the requirements of 
subpart D. However, UTA requests a waiver from any requirements that 
correlate to the subpart B or C standards from which UTA has sought 
waivers. TRAX equipment will be subject to a detailed program of 
inspection, testing, and maintenance, as required by the state of Utah 
and UTA's own Safety Plan.

Part 239  Emergency Preparedness

    Part 239 contains standards for the preparation, adoption, and 
implementation of emergency preparedness plans by railroads connected 
with the operation of passenger trains. It is intended that by 
providing sufficient emergency egress capability and information to 
passengers, and by having emergency preparedness plans calling for 
coordination with local emergency response officials, the risk of death 
or injury to passengers, employees and others in the case of accidents 
or other incidents, will be lessened. This rule was adopted as a result 
of several serious crashes involving commuter trains.
Justification
    UTA requests a waiver from the part 239 requirements because UTA 
will be following UDOT emergency preparedness requirements. UTA 
believes that compliance with the UDOT emergency preparedness 
requirements will provide a level of safety equivalent or superior to 
the FRA standards. The Emergency Response Plan provides for emergency 
preparedness activities. Procedures requiring interface with outside 
agencies, such as police and fire, will be closely coordinated. Regular 
drills will be performed with these agencies to simulate real-world 
conditions. These emergency preparedness standards have been tailored 
to the TRAX System, but also draw on the experience of emergency 
preparedness standards form other rail transit systems whose operations 
and equipment more closely resemble TRAX than other FRA-regulated 
commuter rail systems.

Part 240  Qualification and Certification of Locomotive Engineers

    Part 240 contains regulations relating to the qualification and 
certification of locomotive engineers. The locomotive engineer 
shoulders significant responsibility for the safety of him/herself and 
others in the railroad operating environment. Through the regulation's 
training, eligibility, testing, and monitoring standards, FRA seeks to 
ensure that only sufficiently qualified individuals are entrusted with 
those unique responsibilities.
Justification
    UTA requests a waiver from these requirements because UTA will be 
following its own operator training and qualification standards under 
the oversight of UDOT. UTA believes that compliance with its own 
operator qualification and training requirements

[[Page 53444]]

will provide at least an equivalent level of safety. Under the Safety 
Plan, train operators must receive formal certification to operate on 
the TRAX System and must receive an annual re-certification, or be re-
certified as required in response to rules, violations and long-term 
absences from the system. See Exhibit G. Train operator training is a 
four-week course combining classroom and field training. Subjects 
includes rules, standard operating procedures, emergency operating 
procedures, light rail vehicle orientation, light rail vehicle 
troubleshooting, system orientation, and communications. Train 
operators must pass written and field tests to successfully complete 
the course. In addition, the TRAX operating rules call for a system of 
discipline, leading to possible decertification for train operators who 
violate operating rules.
    Interested parties are invited to participate in this proceeding by 
submitting written views, data, or comments. FRA does not anticipate 
scheduling a public hearing in connection with either the request for a 
waiver of certain regulatory provisions or the request for an exemption 
of certain statutory provisions. If any interested party desires an 
opportunity for oral comment, he or she should notify FRA, in writing, 
before the end of the comment period and specify the basis for his or 
her request.
    All communications concerning these proceedings should identify the 
appropriate docket number (e.g., Waiver Petition Docket Number FRA 
1999-6253) and must be submitted to the DOT Docket Management Facility, 
Room PL-401 (Plaza level) 400 Seventh Street, SW, Washington, DC 20590. 
Communications received within 45 days of the date of this notice will 
be considered by FRA before final action is taken. Comments received 
after that date will be considered as far as practicable. All written 
communications concerning this proceeding are available for examination 
during regular business hours (9:00 a.m.-5:00 p.m.) at the above 
facility. All documents in the public docket are also available for 
inspection and copying on the Internet at the docket facility's Web 
site at http://dms.dot.gov.

    Issued in Washington, D.C. on September 27, 1999.
Michael Logue,
Deputy Associate Administrator for Safety Compliance and Program 
Implementation.
[FR Doc. 99-25541 Filed 9-30-99; 8:45 am]
BILLING CODE 4910-06-P