[Federal Register Volume 68, Number 189 (Tuesday, September 30, 2003)]
[Notices]
[Pages 56374-56375]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-24744]


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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 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.

San Francisco Municipal Railway Department

[Waiver Petition Docket Number FRA-2003-15988]

    San Francisco Municipal Railway Department (MUNI) located in San 
Francisco, California, seeks a permanent waiver of compliance from 
Title 49 of the CFR for operation of an extension of an existing light 
rail line at a ``limited connection'' with two existing Union Pacific 
Railroad (UPRR) industry lead tracks. 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 regards to this, MUNI plans to construct its 5.4 mile double-
track Third Street Light Rail Project, which is an extension of the 
City's existing 35 mile light rail system, crossing two existing 
single-track freight railroad (UPRR) industry lead tracks via at grade 
rail-crossings. MUNI is a light rail transit operation and except for 
these minor crossing connections, will not share

[[Page 56375]]

track or any connection to the general system. MUNI has agreed to a 
long-term lease with UPRR to operate and maintain the respective shared 
crossings and interlockings in accordance with FRA standards. MUNI is 
seeking a permanent waiver of compliance from certain CFR parts of 
title 49, specifically Part 223 Safety Glazing Standards-Locomotives, 
Passenger Cars and Cabooses Part 238 Passenger Equipment Safety 
Standards, and part 219 Control of Alcohol & Drug Use (as a light rail 
operation, MUNI adheres to an accepted drug policy established by the 
FTA).
    Since FRA has not yet completed its investigation of MUNI's 
petition, the agency takes no position at this time on the merits of 
MUNI'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 to participate in the board's consideration 
of MUNI'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 FRA-
2003-15988) 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 24, 2003.
Grady C. Cothen, Jr.,
Deputy Associate Administrator for Safety Standards and Program 
Development.
[FR Doc. 03-24744 Filed 9-29-03; 8:45 am]
BILLING CODE 4910-06-P