[Federal Register Volume 65, Number 171 (Friday, September 1, 2000)]
[Notices]
[Pages 53343-53344]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-22532]


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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration


Petitions for Waivers of Compliance

    In accordance with Title 49 Code of Federal Regulations (CFR) 
Sec. 211.41, and 49 U.S.C. 20103, 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. The individual petition is described below, including the 
party seeking relief, the regulatory provisions involved, and the 
nature of the relief being sought.

Maryland Mass Transit Administration (``MTA'')

[FRA Waiver Petition No. FRA-2000-7054]

    The Maryland Mass Transit Administration (``MTA'') seeks a 
permanent waiver of compliance from certain CFR parts of Title 49, 
specifically: part 210, Railroad Noise Emission Compliance Regulations; 
part 213, Track Safety Standards; part 214, Railroad Workplace Safety 
Standards; part 215, Railroad Freight Car Safety Standards; part 217, 
Railroad Operating Rules; part 218, Railroad Operating Practices; part 
219, Control of Alcohol and Drug Use; part 220, Railroad 
Communications; part 221, Rear End Marking Devices; part 223, Safety 
Gazing Standards--Locomotives, Passenger Cars and Cabooses; part 225, 
Railroad Accidents/Incidents--Report Classification, and 
Investigations; part 229, Railroad Locomotive Safety Standards; part 
320, Locomotive Inspection; part 231 Railroad Safety Appliance 
Standards; part 232, Railroad Power Brakes and Drawbars; part 233, 
Signal Systems Reporting Requirements; part 234, Grade Crossing Signal 
System Safety; part 235, Instructions Governing Applications for 
Approval of a Discontinuance or Material Modification of a Signal 
System or Relief From the Requirements of Part 236; part 236, Rules, 
Standards and Instructions Governing the Installation, Inspection, 
Maintenance and Repair of Signal and Train Control Systems, Devices and 
Appliances, part 238, Passenger Equipment Safety Standards; part 239, 
Passenger Train Emergency Preparedness; and part 240, Qualification and 
Certification of Locomotive Engineers.
    MTA has also petitioned for grandfathering approval to operate its 
equipment under 49 CFR 238.203. Notice of that petition has already 
been published in the Federal Register at 65 FR 14336 (March 16, 2000).
    MTA seeks approval of shared track usage and waiver of certain FRA 
regulations involving light rail passenger operations on the same track 
with freight trains. FRA has jurisdiction over the portion of the MTA 
that it is connected to the general railroad system of transportation. 
Specifically, certain portions of the MTA Central Light Rail Line 
(CLRL) rail lines are used for freight rail carrier service. The 
freight operator, Norfolk Southern Corporation (NS), conducts 
operations on the CRCL under temporal or spatial separation. See 
Statement of Agency Policy Concerning Jurisdiction Over the Safety of 
Railroad Passenger Operations and Waivers Related to Shared Use of the 
Tracks of the General Railroad System by Light Rail and Conventional 
Equipment at 65 FR 42529 (July 10, 2000). See also Joint Statement of 
Agency Policy Concerning Shared Use of the Tracks of the General 
Railroad System by Conventional Railroads and Light Rail Transit 
Systems at 65 FR 42626 (July 10, 2000).
    Since FRA has not yet concluded its investigation of the MTA's 
petition, the agency takes no position at this time on the merits of 
MTA's stated justifications. As part of FRA's review of the petition, 
the Federal Transit Administration will appoint a representative to 
advise FRA's Safety Board, and that person will participate in the 
board's consideration of MTA's waiver petition.
    All communications concerning these proceedings should identify the 
appropriate docket number (Docket Number FRA 2000-7054) and must be 
submitted to the DOT Docket Management Facility, Room PL-401 (Plaza 
level) 400 Seventh Street, S.W., Washington, D.C. 20590. All documents 
in the public docket, including MTA's detailed waiver request, are also 
available for inspection and copying on the Internet at the docket 
facility's Web site at http://dms.dot.gov. Communications received 
within 45 days of the date of this notice will be considered by FRA 
before final action is

[[Page 53344]]

taken. Comments received after that date will be considered to the 
extent 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.

    Issued in Washington, D.C. on August 29, 2000.
Grady C. Cothen, Jr.,
Deputy Associate Administrator for Safety Standards and Program 
Development.
[FR Doc. 00-22532 Filed 8-31-00; 8:45 am]
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