[Federal Register Volume 66, Number 162 (Tuesday, August 21, 2001)]
[Notices]
[Page 43954]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-21080]


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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration


Petitions for Waivers of Compliance

    In accordance with part 211 of Title 49 Code of Federal Regulations 
(CFR), notice is hereby given that the Federal Railroad Administration 
(FRA) has received a request for waiver of compliance with certain 
requirements of its safety standards. The individual petition is 
described below, including the party seeking relief, the regulatory 
provisions involved, the nature of the relief being requested and the 
petitioner's arguments in favor of relief.

Sound Transit

[Docket Number FRA-2000-8266]

    Sound Transit seeks a permanent waiver of compliance from Title 49 
of the CFR for operation of a new ``Tacoma Line'' light rail line at a 
``limited connection'' with The Burlington Northen and Santa Fe Railway 
Company (BNSF). Sound Transit is building the Tacoma Link, which will 
intersect the BNSF Prairie Line at a rail crossing located in the City 
of Tacoma, Washington. The Tacoma Line will be within a highway at the 
rail grade crossing.
    Sound Transit originally submitted a waiver petition on September 
25, 2000, seeking relief from the Passenger Equipment Safety Standards 
(49 CFR part 238), as Tacoma Link is a light rail transit operation 
except for the minor crossing connection. On July 20, 2001, Sound 
Transit amended their original petition to also include relief from 
Part 223, Safety Glazing Standards--Locomotives, Passenger Cars and 
Cabooses; Part 231, Railroad Safety Appliance Standards; Part 219, 
Control of Alcohol and Drug Use; Part 220, Railroad Communications, and 
Part 239, Passenger Train Emergency Preparedness.
    Sound transit indicates that BNSF is subject to FRA's regulations 
and maintains and operates certain elements of the rail crossing for 
the proposed project. Sound Transit also states that the requirements 
for its light rail vehicles should be considered as similar to buses, 
autos, and all other street vehicles, wherein efforts are put into 
having warning equipment and procedures to reduce the probability and 
severity of an accident. 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, 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, 65 FR 42626 (July 10, 2000).
    Since FRA has not yet concluded its investigation of the Tacoma 
Link, the agency takes no position at this time on the merits of Sound 
Transit's stated justifications.
    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 the request for a waiver 
of certain regulatory 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 (Docket Number FRA 2000-8266) 
and must be submitted to the DOT Docket Management Facility, Room PL-
401 (Plaza level) 400 Seventh Street, SW., Washington, DC 20590. All 
documents in the public docket, including Sound Transit'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 30 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 a.m.--5 p.m.) at the above facility.

    Issued in Washington, D.C. on August 15, 2001.
Grady C. Cothen, Jr.,
Deputy Associate Administrator for Safety Standards and Program 
Development.
[FR Doc. 01-21080 Filed 8-20-01; 8:45 am]
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