[Federal Register Volume 68, Number 82 (Tuesday, April 29, 2003)]
[Notices]
[Pages 22768-22769]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-10448]


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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) 
section 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.

Sacramento Regional Transit District FRA Waiver Petition No. FRA-2003-
14565

    Sacramento Regional Transit District (SRTD) located in Sacramento, 
California, seeks a permanent waiver of compliance from Title 49 of the 
CFR for operation of a light rail line at a ``limited connection'' with 
the Union Pacific Railroad Company (UP). 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).
    In this regard, SRTD's ``F'' line is in a common corridor with the 
UP and there are nine (9) shared highway-rail grade crossings. Due to 
an extension of the ``F'' line, an additional nine (9) shared highway-
rail grade crossings are anticipated. In addition, SRTD plans to 
construct a new 6.3 mile long light rail system also in a common 
corridor with the UP. SRTD anticipates there will be twelve (12) shared 
highway-rail grade crossings with UP on this new line. There has not 
been, nor is it anticipated that there will be, any shared use of track 
with the general system of railroad transportation on the 
aforementioned.
    Based on the foregoing, SRTD seeks a permanent waiver of compliance 
from certain CFR parts of Title 49, specifically: part 229, Railroad 
Locomotive Safety Standards; and part 234, Grade Crossing Signal System 
Safety.
    Since FRA has not yet completed its investigation of SRTD's 
petition, the agency takes no position at this time on the merits of 
SRTD'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

[[Page 22769]]

Board, and that person will participate in the board's consideration of 
SRTD's waiver petition.
    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 2003-14565) 
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 SRTD'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, DC on April 22, 2003.
Grady C. Cothen, Jr.,
Deputy Associate Administrator for Safety Standards and Program 
Development.
[FR Doc. 03-10448 Filed 4-28-03; 8:45 am]
BILLING CODE 4910-06-P