[Federal Register Volume 67, Number 59 (Wednesday, March 27, 2002)]
[Notices]
[Pages 14768-14769]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-7353]


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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. See also 49 CFR 211.7 and 211.9. The individual petition 
is described below, including the party seeking relief, the regulatory 
provisions involved, and the nature of the relief being sought.

North County Transit District

[Docket Number FRA-2002-11809]

    The North County Transit District (``NCTD''), located in Oceanside, 
California, seeks a permanent waiver of compliance from certain CFR 
Parts of Title 49, specifically: Part 210, Railroad Noise Emission 
Compliance Regulations; Part 217, Railroad Operating Rules; Part 218, 
Railroad Operating Practices; Part 219, Control of Alcohol and Drug 
Use; Part 221, Rear End Marking Devices--Passenger, Commuter and 
Freight Trains; 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 231 Railroad Safety Appliance 
Standards; Part 238, Passenger Equipment Safety Standards; Part 239, 
Passenger Train Emergency Preparedness; and Part 240, Qualification and 
Certification of Locomotive Engineers.
    NCTD seeks approval of shared track usage and waiver of certain FRA 
regulations involving planned light rail passenger operations on the 
same track with freight trains between Oceanside, CA and Escondido, CA 
(Oceanside-Escondido Rail Project). FRA will have jurisdiction over the 
22-mile portion of the NCTD Oceanside-Escondido Rail Project that is 
also used for freight rail carrier service. The freight operator is The 
Burlington Northern and Santa Fe Railway Company (BNSF), and BNSF 
currently conducts operations over this trackage. NCTD proposes to 
operate light rail vehicles on the same track as BNSF freight trains, 
but under temporal 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, 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 completed its investigation of NCTD's 
petition, the agency takes no position at this time on the merits of 
NCTD'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 NCTD's waiver petition.
    All communications concerning these proceedings should identify the 
appropriate docket number (Docket Number FRA 2002-11809) 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 NCTD'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 taken. Comments received after that date will be 
considered to the extent

[[Page 14769]]

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-referenced facility.

    Issued in Washington, DC, on March 19, 2002.
Grady C. Cothen, Jr.,
Deputy Associate Administrator, for Safety Standards and Program 
Development.
[FR Doc. 02-7353 Filed 3-26-02; 8:45 am]
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