[Federal Register Volume 67, Number 235 (Friday, December 6, 2002)]
[Notices]
[Page 72718]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-30927]


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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket Number 2002-11809]


Notice of Public Hearing; The North County Transit District

    The North County Transit District (NCTD), located in Oceanside, 
California, has sought a permanent waiver of compliance from certain 
parts of Title 49 of the Code of Federal Regulations, including 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), 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 and Escondido, 
California (Oceanside-Escondido Rail Project). FRA has jurisdiction 
over the 22-mile portion of the Oceanside-Escondido Rail Project that 
is also used for freight rail carrier service. The freight operator on 
the Oceanside-Escondido Rail Project is the Burlington Northern and 
Santa Fe Railway Company (BNSF), which currently conducts operations 
over this trackage. NCTD proposes to operate light rail vehicles on the 
same track as BNSF freight trains using temporal separation under which 
freight operations and passenger operations will not be conducted 
during the same part of the day. For further information about freight 
and passenger shared track usage, 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).
    The Federal Railroad Administration (FRA) issued a public notice of 
the NCTD waiver petition and sought comments from interested parties 
(67 FR 14768, March 27, 2002). All documents pertaining to this 
petition are in the public docket, including NCTD's detailed waiver 
request, and are available for inspection and copying. The documents 
are also available on the Internet at the docket facility's Web site at 
http://dms.dot.gov.
    After examining the railroad's proposal and the available facts, 
FRA has determined that a public hearing is necessary before a final 
decision is made on this proposal. The purpose of this public hearing 
is to afford the Railroad Safety Board the opportunity to gather 
additional information from all interested parties and to explore all 
available options and concerns before making a final decision on the 
NCTD petition. FRA will deliberate all of its options, which may 
include denial, approval, conditional approval, or approval in part and 
denial in part.
    The public hearing is set for 10 a.m. (PST), on Thursday, January 
23, 2002, North County Transit District Office, 810 Mission Avenue, 
Oceanside, California, 92054-2825. Interested parties are invited to 
present oral statements at the hearing. The hearing will be an informal 
one and will be conducted in accordance with Rule 25 of the FRA Rules 
of Practice (49 CFR part 211.25) by a representative designated by the 
FRA.
    The hearing will be a nonadversarial proceeding and will include no 
cross-examination of persons presenting statements. The FRA 
representative will make an opening statement outlining the scope of 
the hearing. After all initial statements have been completed, those 
persons wishing to make brief rebuttal statements will be given the 
opportunity to do so in the same order in which they made their initial 
statements. Additional procedures, if necessary for the conduct of the 
hearing, will be announced at the hearing.

    Issued in Washington, DC, on December 2, 2002.
Grady C. Cothen, Jr.,
Deputy Associate Administrator for Safety Standards and Program 
Development.
[FR Doc. 02-30927 Filed 12-5-02; 8:45 am]
BILLING CODE 4910-06-P