[Federal Register Volume 70, Number 114 (Wednesday, June 15, 2005)]
[Notices]
[Page 34807]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-11763]


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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Waiver Petition Docket Number FRA-2002-11809]


North County Transit District; Supplementary Notice of Waiver 
Request; Notice of Public Hearing; and Extension of Comment Period

    As a supplement to North County Transit District's (NCTD) Petition 
for Approval of Shared Use and Waiver of Certain Federal Railroad 
Administration Regulations (the Waiver was granted by the FRA on June 
24, 2003), NCTD seeks permanent waiver of compliance from additional 
sections of Title 49 of the CFR for operation of its SPRINTER rail line 
between Oceanside, CA., and Escondido, CA. 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, NCTD has advanced the design and construction of 
the SPRINTER rail line towards implementation and in the process, has 
identified the following additional regulations from which it hereby 
seeks waivers: 49 CFR part 223 Safety Glazing Standards--Locomotives, 
Passenger Cars and Cabooses, Section 223.9(c); and part 229 Railroad 
Locomotive Safety Standards, Section 229.125(a).
    As a result of the comments received by FRA concerning this waiver 
petition, FRA has determined that a public hearing is necessary before 
a final decision is made on this petition. Accordingly, a public 
hearing is set to begin at 9 a.m., on July 27, 2005, in the Room 3328 
at the Department of Transportation Headquarters Nassif Building, 400 
7th Street, SW., Washington, DC 20590. Interested parties are invited 
to present oral statements at this hearing.
    The hearing will be informal and will be conducted in accordance 
with FRA's Rules of Practice (49 CFR 211.25) by a representative 
designated by FRA. FRA's representative will make an opening statement 
outlining the scope of the hearing, as well as any additional 
procedures for the conduct of the hearing. The hearing will be a non-
adversarial proceeding in which all interested parties will be given 
the opportunity to express their views regarding this waiver petition, 
without cross-examination. After all initial statements have been 
completed, those persons wishing to make a brief rebuttal will be given 
an opportunity to do so in the same order in which initial statements 
were made. Additional procedures, if necessary for the conduct of the 
hearing, will be announced at the hearing.
    In addition, FRA is extending the comment period in this proceeding 
until August 12, 2005. FRA reserves the right to announce a further 
extension of the comment period for the purpose of receiving post-
hearing submissions should that appear appropriate in the judgment of 
the Federal Railroad Administration Safety Board based on testimony 
received at the public hearing. All communications concerning these 
proceedings should identify the appropriate docket number (Waiver 
Petition Docket Number FRA-2002-11809), and must be submitted to the 
Docket Clerk, DOT Docket Management Facility, Room PL-401 (Plaza 
Level), 400 7th Street, SW., Washington, DC 20590. 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 June 8, 2005.
Grady C. Cothen, Jr.,
Deputy Associate Administrator for Safety Standards and Program 
Development.
[FR Doc. 05-11763 Filed 6-14-05; 8:45 am]
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