[Federal Register Volume 65, Number 8 (Wednesday, January 12, 2000)]
[Proposed Rules]
[Page 1844]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-678]



[[Page 1844]]

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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

49 CFR Chapter II and Part 209

[FRA Docket No. FRA-1999-5685, Notice No. 5]
RIN 2130-AB33


Proposed Joint Statement of Agency Policy Concerning Shared Use 
of the General Railroad System by Conventional Railroads and Light Rail 
Transit Systems; Proposed Statement of Agency Policy Concerning 
Jurisdiction Over the Safety of Railroad Operations

AGENCY: Federal Railroad Administration (FRA), Federal Transit 
Administration (FTA), DOT.

ACTION: Extension of comment period.

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SUMMARY: By notice of a proposed policy statement (Notice No. 1) 
published on May 25, 1999 (64 FR 28238), FRA and FTA proposed how they 
intend to coordinate use of their respective safety authority to 
address safety issues related to light rail transit operations that 
take place, or are planned to take place, on the general railroad 
system of transportation. The proposal also summarized how the process 
of obtaining waivers of FRA's safety regulations may work, particularly 
where the light rail and conventional rail operations occur at 
different times of day. In that notice, the deadline for the submission 
of written comments was July 30, 1999. By notice published on July 28, 
1999 (64 FR 40931), the deadline for the submission of written comments 
was extended until October 29, 1999, and by notice published on October 
28, 1999 (64 FR 58124), the deadline was extended once again until 
January 14, 2000.
    By notice of a proposed rule and policy statement published on 
November 1, 1999 (64 FR 59046), FRA described the extent of its 
statutory jurisdiction over railroad passenger operations and explained 
how it would exercise that jurisdiction. The proposal also explained 
FRA's waiver process and discussed factors that should be addressed in 
any petition submitted by light rail operators and other railroads 
seeking approval of shared use of the general railroad system. In that 
notice, FRA established a deadline for the submission of written 
comments of January 14, 2000, thereby permitting the comment period for 
FRA's proposed statement to coincide with the extended comment period 
for the proposed joint FRA/FTA statement.
    In response to a request from the association representing the 
transit industry for an extension of the comment period for FRA's 
statement, and to ensure that all interested parties have a sufficient 
amount of time to fully develop their comments, this document announces 
an extension of the deadline for the submission of written comments on 
both statements.

DATES: Written comments must be received by February 14, 2000. Comments 
received after that date will be considered to the extent possible 
without incurring additional expense or delay.

ADDRESSES: Procedures for written comments: Submit one copy to the 
Department of Transportation Central Docket Management Facility located 
in room PL-401 at the Plaza level of the Nassif Building, 400 Seventh 
Street, SW, Washington, DC 20590. All docket material on the proposed 
statement will be available for inspection at this address and on the 
Internet at http: dms.dot.gov. (Docket hours at the Nassif Building are 
Monday-Friday, 10 a.m. to 5 p.m., excluding Federal holidays.) Persons 
desiring notification that their comments have been received should 
submit a stamped, self-addressed postcard with their comments. The 
postcard will be returned to the addressee with a notation of the date 
on which the comments were received.

FOR FURTHER INFORMATION CONTACT:
Gregory B. McBride, Deputy Chief Counsel, FTA, TCC-2, Room 9316, 400 
Seventh Street, SW, Washington, DC 20590 (telephone: (202) 366-4063); 
and Daniel C. Smith, Assistant Chief Counsel for Safety, FRA, RCC-10, 
1120 Vermont Avenue, NW, Mail Stop 10, Washington, DC 20590 (telephone: 
(202) 493-6029).

SUPPLEMENTARY INFORMATION: In the proposed joint policy statement 
issued on May 25, 1999 by FRA and FTA, the agencies explained that the 
proposal is intended to delineate the nature of the most important 
safety issues related to shared use of the general railroad system by 
convention and rail transit equipment and summarize the application of 
FRA safety rules to such shared-use operations. The proposal will help 
transit authorities, railroads, and other interested parties understand 
how the respective safety programs of the two agencies will be 
coordinated. On November 1, 1999, FRA issued a proposed rule and its 
own proposed statement of agency policy concerning its safety 
jurisdiction over railroad operations, which discussed the extent and 
exercise of FRA's jurisdiction, provided guidance on which of FRA's 
safety rules are likely to apply in particular operational situations, 
and summarized how the process of obtaining waivers of FRA's safety 
regulations may work. The expectation of the two agencies was that 
commenters would then have the ability to study and analyze both 
statements before January 14, 2000, the deadline for submission of 
written comments.
    In a letter dated December 10, 1999, the American Public Transit 
Association (APTA) (writing on behalf of its 1,270 member 
organizations) requested that FRA grant a 30-day extension to the 
comment period for FRA's proposed statement. In making its request, 
APTA indicated that on January 11, 2000 it will be convening a ``large, 
diverse gathering of the transit industry to discuss the proposed 
policy statement,'' and noted that a comment period extension will 
provide it with the necessary time in which to complete the comment 
process.
    FRA does not wish to inhibit the ability of any person to fully 
develop its comments and seeks to provide sufficient time for all 
interested persons to gather information. Consequently, FRA believes it 
is in the best interest of all persons involved to extend the period 
for the submission of written comments on its proposed rule and policy 
statement until February 14, 2000. Although APTA did not request an 
extension of the comment deadline for the proposed joint FRA/FTA 
statement, the agencies are extending the comment deadline for both 
proposed statements until February 14, 2000 to allow commenters to 
focus on Notices No. 1 and 4 without the need to file duplicative 
comments. FRA and FTA do not anticipate any further extension of the 
comment period in this proceeding. The two agencies will consider 
comments submitted after February 14, 2000, only to the extent possible 
without causing additional expense or delay.

    Issued in Washington, DC, on January 6, 2000.
Jolene M. Molitoris,
Federal Railroad Administrator.
[FR Doc. 00-678 Filed 1-11-00; 8:45 am]
BILLING CODE 4910-06-M