[Federal Register Volume 70, Number 139 (Thursday, July 21, 2005)]
[Notices]
[Pages 42142-42143]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-14333]


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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) 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.

New Jersey Transit Corporation (Supplement to Waiver Petition Docket 
Number FRA-1999-6135)

    As a supplement to New Jersey Transit Corporation's (NJ Transit) 
Petition for Approval of Shared Use and Waiver of Certain FRA 
Regulations (the original shared use waiver was granted by the FRA 
Railroad Safety Board on December 3, 1999 and a five year extension was 
granted by the FRA Railroad Safety Board on May 2, 2005), NJ Transit 
seeks a permanent waiver of compliance from additional sections of 
Title 49 of the CFR for continued safe operation of its Southern New 
Jersey Light Rail Transit (SNJLRT) River Line. NJ Transit submits that 
this request is consistent with the waiver process for Shared Use. 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 River Line is a temporally separated light rail system, sharing 
track with Conrail, operating through 19 communities, often as close as 
100 feet from residences, schools, hospitals, and businesses. NJ 
Transit estimates that at moderate levels of service, the River Line 
generates over 5400 audible warnings per day over its 54 highway-rail 
grade crossings and street intersections on the shared trackage of the 
Bordentown Secondary from milepost 3.4 to milepost 33.1. NJ Transit 
proposes that the quality of life of the residents of these communities 
is significantly impacted by frequent intrusion of horns and bells, 
resulting in numerous complaints from residents and elected officials. 
In order to mitigate these concerns, NJ Transit adopted the use of the 
86dB(A) setting of the two-level horn on the SNJLRT vehicle as the 
standard highway-rail grade crossing audible warning device and 
developed specific light rail operating rules regarding audible 
warnings at grade crossings on the River Line.
    On April 27, 2005, the FRA issued the Final Rule on Use of 
Locomotive Horns at Highway-Rail Grade Crossings, 69 FR 21844 (2005), 
with an effective date on June 24, 2005. Although NJ Transit states 
that its audible warning operating practices on the River Line are 
generally in compliance with the rules contained in 49 CFR parts 222 
and 229 Use of Locomotive Horns at Highway Rail Grade Crossings; Final 
Rule, it seeks waivers from parts of this rule because of variances in 
the following areas: The River Line light rail vehicle audible warning 
decibel level, the use of the River Line vehicle bell in Burlington 
City, NJ, operating practices for near-side station stops in close 
proximity to fully activated and deployed grade crossing warning 
devices, one highway-

[[Page 42143]]

rail grade crossing in Bordentown, NJ and the horn blowing pattern for 
specific highway-rail crossings in close proximity to one another.
    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.
    Because the final rule on Use of Locomotive Horns is now in effect, 
and because it was not FRA's intention in issuing that rule to require 
compliance by light rail vehicles operating in joint use situations 
with the horn decibel level required for conventional rail equipment, 
FRA may issue temporary relief in this proceeding addressing that 
issue, following the expiration of ten (10) days from the date of 
publication of this notice in the Federal Register absent persuasive 
filings indicating that a contrary course of action should be taken.
    All communication concerning these proceedings should identify the 
appropriate docket number (e.g., Waiver Petition Docket Number FRA-
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 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 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.

    Issued in Washington, DC on July 13, 2005.
Grady C. Cothen, Jr.,
Deputy Associate Administrator for Safety Standards and Program 
Development.
[FR Doc. 05-14333 Filed 7-20-05; 8:45 am]
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