[Federal Register Volume 66, Number 162 (Tuesday, August 21, 2001)]
[Notices]
[Page 43955]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-21082]


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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 a 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.

Port of Los Angeles

[Docket Number FRA-2001-10237]

    The Port of Los Angeles, with the cooperation and input of Pacific 
Harbor Lines, Inc., seeks a permanent waiver of compliance from certain 
CFR parts of Title 49, specifically: Part 217--Railroad Operating 
Rules; Part 220--Railroad Communications; Part 221--Rear End Marking 
Device--Passenger, Commuter and Freight Trains; Part 223--Safety 
Glazing Standards--Locomotives, Passenger Cars and Cabooses; Part 225--
Railroad Accident/Incident Reporting; Part 228--Hours of Service of 
Railroad Employees, Subpart A, General and Subpart B, Records and 
Reporting; Part 229--Locomotive Safety Standards; Part 231--Railroad 
Safety Appliance Standards; Part 238--Passenger Equipment Safety 
Standards; and Part 239--Passenger Train Emergency Preparedness.
    The Port of Los Angeles seeks approval of shared track usage and 
waiver of certain FRA regulations involving the ``Waterfront Red Car 
Line'' vintage trolley operation on the same track that would be shared 
with freight trains operated by Pacific Harbor Line, Inc. FRA currently 
has jurisdiction over the Pacific Harbor Line, Inc., a railroad 
operation which is connected to the general railroad system of 
transportation. Specifically, the Port of Los Angeles intends for the 
``Waterfront Red Car Line `` to make use of 1.5 miles of the Pacific 
Harbor Line, Inc., located in the Port of Los Angeles. Freight and 
vintage trolley operations would be temporally separated on this 
portion of track. 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 
``Waterfront Red Car Line'' vintage trolley, the agency takes no 
position at this time on the merits of the stated justifications of the 
Port of Los Angeles.
    All communications concerning these proceedings should identify the 
appropriate docket number (Docket Number FRA 2001-10237) 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 the detailed waiver request of the Port of 
Los Angeles, 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 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, DC on August 15, 2001.
Grady C. Cothen, Jr.,
Deputy Associate Administrator for Safety Standards and Program 
Development.
[FR Doc. 01-21082 Filed 8-20-01; 8:45 am]
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