[Federal Register Volume 68, Number 187 (Friday, September 26, 2003)]
[Notices]
[Pages 55735-55736]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-24422]


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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration


Petition for Waiver 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

[[Page 55736]]

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.

New Jersey Transit Corporation

[Supplement to Waiver Petition Docket Number FRA-1999-6135]

    As a supplement to New Jersey Transit (NJ Transit) Corporation's 
Petition for Approval of Shared Use and Waiver of Certain Federal 
Railroad Administration Regulations (the Waiver was granted by the FRA 
on December 3, 1999), NJ Transit seeks permanent waiver of compliance 
from additional sections of Title 49 of the CFR for operation of its 
Southern New Jersey Light Rail Transit (SNJLRT) system. NJ Transit is 
providing information regarding modifications made to specific 
components of the SNJLRT system and SNJLRT vehicle (and relevant 
procedures) since the effective date of the December 3, 1999 Waiver. NJ 
Transit submits that such modifications are not material and are 
consistent with the granted Waiver. 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, NJ Transit has advanced the design and construction 
of the SNJLRT system towards implementation (Fall 2003) and in the 
process, has identified the following additional regulations from which 
it hereby seeks waivers: 49 CFR Part 219 Control of Alcohol and Drug 
Abuse will comply with the accepted FTA drug and alcohol policy; Part 
234.105(c)(3) Grade Crossing Signal Safety-SNJLRT vehicles are operated 
by one-person crews, thus the operator will not be able to leave the 
vehicle to flag the crossing; and Part 236 Rules, Standards and 
Instructions Governing the Installation, Inspection, Maintenance and 
Repair of Signal and Train Control Systems, Devices and Appliances 
(Sec. Sec.  236.23, 236.502, 236.504, and 236.507)--the automatic train 
stop system will function differently than the automatic train stop 
systems contemplated by the requirements in these sections.
    Since the Waiver granted to NJ Transit on December 3, 1999, NJ 
Transit has informed the FRA of three modifications made to certain 
components of the SNJLRT system.
    1. Intrusion Detection System (IDS) at Close Clearance Segments--NJ 
Transit has identified two dual-track segments where the centerline 
track distance is less than 17 feet, which conflicts with Conrail's 
governing construction standards which recommends 17-foot track 
centers. It will install an Obstacle/Intrusion Detection System (IDS) 
similar to ones used in other light rail systems. In the event that the 
IDS is not operational on the service opening date, NJ Transit has 
offered a set of temporary operating measures to provide substitute 
means of mitigating potential hazards due to close proximity to the 
general railroad system.
    2. Adjacent Operations, Protection of Sidings--At the time the 
original Petition was filed, the signal system and track configuration 
of the SNJLRT system were in the preliminary engineering phase. Final 
construction of the SNJLRT system has resulted in some ``as built'' 
variances related to the installation of derails on the SNJLRT system. 
In addition, NJ Transit has made changes with respect to rules 
governing the placement of Conrail cars on sidings.
    3. Emergency Brake Decals on Doors--NJ Transit has decided to add a 
decal to the Emergency Door Opening Switch to emphasize its function to 
activate brakes in case of emergency. This decal will read, ``Brake For 
Emergency Use Only'' and the label will be applied below the switch. NJ 
Transit uses such a decal in its other passenger rail operations.
    Since FRA has not yet completed its investigation of NJ Transit's 
petition, the agency takes no position at this time on the merits of NJ 
Transit'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 NJ Transit's waiver 
petition.
    Interested parties are invited to participate in these proceedings 
by submitting written views, data, or comments. FRA does not anticipate 
scheduling a public hearing in connection with these proceedings since 
the facts do not appear to warrant a hearing. If any interested party 
desires an opportunity for oral comment, they should notify FRA, in 
writing, before the end of the comment period and specify the basis for 
their request.
    All communications concerning these proceedings should identify the 
appropriate docket number (e.g., Waiver Petition Docket Number 1999-
6135) and must be submitted to the Docket Clerk, DOT Docket Management 
Facility, Room PL-401 (Plaza Level), 400 7th Street, SW., Washington, 
DC 20590. 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 these proceedings are available for 
examination during regular business hours (9 a.m.-5 p.m.) at the above 
facility. All documents in the public docket are also available for 
inspection and copying on the Internet at the docket facility's Web 
site at http://dms.dot.gov.
    Anyone is able to search the electronic form of all comments 
received into any of our dockets by the name of the individual 
submitting the comment (or signing the comment, if submitted on behalf 
of an association, business, labor union, etc.). You may review DOT's 
complete Privacy Act Statement in the Federal Register published on 
April 11, 2000 (Volume 65, Number 70; Pages 19477-78). The Statement 
may also be found at http://dms.dot.gov.

    Issued in Washington, DC, on September 15, 2003.
Grady C. Cothen, Jr.,
Deputy Associate Administrator for Safety Standards and Program 
Development.
[FR Doc. 03-24422 Filed 9-25-03; 8:45 am]
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