[Federal Register Volume 65, Number 83 (Friday, April 28, 2000)]
[Notices]
[Page 25023]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-10705]


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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket No. FRA-2000-7137]


Petition for Grandfathering of Non-Compliant Equipment; San Diego 
Trolley, Inc.

    In accordance with 49 CFR 238.203(f), notice is hereby given that 
San Diego Trolley, Inc. (SDTI) has petitioned the Federal Railroad 
Administration (FRA) for grandfathering of non-compliant railroad 
passenger equipment for use on SDTI's light rail transit system.
    Section 238.203 of title 49 of the Code of Federal Regulations 
addresses static end strength requirements for passenger rail 
equipment. Paragraph (a)(1) provides that all passenger equipment 
(subject to limited exceptions) shall resist a minimum static end load 
of 800,000 pounds applied on the line of draft without permanent 
deformation of the body structure. Paragraph (d)(2) provides that 
``[a]ny passenger equipment placed in service on a rail line or lines 
before November 8, 1999 that does not comply with the requirements of 
paragraph (a)(1) may continue to be operated on that particular line or 
(those particular lines) if the operator of the equipment files a 
petition seeking grandfathering approval under paragraph (d)(3) before 
November 8, 1999. Such usage may continue while the petition is being 
processed, but in no event later than May 8, 2000, unless the petition 
is approved.''
    SDTI requests that all conventional light rail vehicles operating 
on the Blue Line and Orange Line be grandfathered to permit usage 
pursuant to 49 CFR 238.203(d). The applicant states that the Blue Line 
operates in the cities of San Diego, National City, Chula Vista, and an 
unincorporated area of San Diego County and extends for 25.2 miles. The 
Orange Line operates through the City of San Diego, Lemon Grove, La 
Mesa, El Cajon and Santee and extends for 21.6 miles.
    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 this proceeding, 
however, if any interested party desires an opportunity for oral 
comment, they should notify FRA, in writing, before the end of the 
comment period and specify the basis for their request.
    All communications concerning this proceeding should be identified 
with Docket Number FRA-2000-7137 and must be submitted to the Docket 
Clerk, DOT Central Docket Management Facility, Room PL-401, 400 Seventh 
Street, SW, Washington, DC 20590-0001. Communications received within 
30 days of publication of this notice will be considered by FRA before 
final action is taken. Comments received after that date will be 
considered to the extent possible. SDTI's petition and all written 
communications concerning this proceeding are available for examination 
during regular business hours (9:00 a.m. to 5:00 p.m.) at the DOT 
Central Docket Management Facility, Room PL-401 (Plaza Level), 400 
Seventh, SW, Washington, DC 20590-0001. 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.
    Elsewhere in today's Federal Register, FRA is publishing notice of 
the receipt of a petition from SDTI for a waiver of compliance from the 
May 8, 2000 date specified in 49 CFR 238.203(d)(2) for cessation of the 
temporary usage of non-compliant railroad passenger equipment that is 
the subject of a grandfathering petition filed with FRA, absent FRA 
approval of the petition by that date. SDTI's petition also seeks a 
waiver of compliance from the date by which a grandfathering petition 
is required to be filed with FRA. This waiver petition proceeding is 
identified as Docket No. FRA-2000-7274. FRA will hold a public hearing 
on Docket No. FRA-2000-7274 on May 3, 2000, as detailed in the separate 
Federal Register notice.

    Issued in Washington, DC on April 25, 2000.
S. Mark Lindsey,
Acting Deputy Administrator, Federal Railroad Administration.
[FR Doc. 00-10705 Filed 4-27-00; 8:45 am]
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