[Federal Register Volume 70, Number 139 (Thursday, July 21, 2005)]
[Notices]
[Pages 42143-42144]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-14340]


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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.

Santa Clara Valley Transportation Authority (VTA) (Supplemental Waiver 
Petition Docket Number FRA-1999-6254)

    As a supplement to VTA's existing Shared Use/Temporal Separation 
waiver, originally granted by the FRA on July 7, 2000 (a six month 
extension was granted on June 29, 2005 to accommodate the time needed 
for this Supplemental Petition process), VTA seeks a permanent waiver 
of compliance from sections of Title 49 of the CFR for operation of its 
new Vasona Corridor Light Rail Project Extension (Vasona Line) which 
features ``limited connections'' such as a shared corridor operation 
and an at-grade rail crossing of the light rail track by a UPRR freight 
spur within this shared corridor. 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, VTA has constructed this new extension of its 37-
mile light rail system on 5 miles of the existing 15 mile long Union 
Pacific Railroad (UPRR) Vasona Industrial Lead. This new light rail 
operation will serve the cities of southwest San Jose, CA and Campbell, 
CA and is scheduled to open on August 12, 2005. VTA owns this 5 mile 
long portion of the shared corridor. As such, VTA and UPRR have 
executed an Operations and Maintenance Agreement, which includes an 
exclusive operating easement, allowing UPRR to fulfill its obligations 
as a common carrier of freight by continuing its existing freight 
operations within the purchased corridor. This agreement requires VTA 
to inspect, maintain, and repair all tracks, signal systems and 
automatic warning devices along the freight track within that portion 
of the corridor shared with LRT tracks (VTA and UPRR operate on 
separate tracks within this corridor). UPRR presently operates two to 
three round-trip freight trains each week, during daylight hours, over 
this shared corridor, at speeds not exceeding 25 mph. To avoid impacts 
to the surrounding communities, freight operations will continue to 
operate during daylight hours.
    In order for UPRR to continue to provide service to a flooring 
businesses along this shared corridor in San Jose, CA, VTA is seeking a 
permanent waiver of compliance from Title 49 of the CFR for operation 
of its new Vasona Light Rail Line over an at-grade rail crossing 
``limited connection'' with a UPRR freight spur switched from the 
Vasona Lead at MP0.41 Race Interlocking. For this crossing, VTA seeks 
permanent waiver of compliance from sections of title 49 of the CFR, 
specifically: part 214, subpart B Bridgeworker Safety Standards, 
subpart C Roadway Worker Protection, part 217 Railroad Operating Rules, 
part 219 Control of Alcohol and Drug Use, part 220 Railroad 
Communications, part 221 Rear End Marking Devices, part 223 Safety 
Glazing Standards, part 225 Accident Reporting, part 228.17(a)(2) Hours 
of Service (for VTA dispatchers only), part 229 Locomotive Safety 
Standards, part 231 Railroad Safety Appliances, part 233 Signal Systems 
Reporting Requirements, part 236 Signal and Train Control Systems, 
Devices and Appliances-Interlocking, part 238 Passenger Equipment 
Safety Standards, and part 239 Passenger Emergency Preparedness.
    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-
6254) 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. 
Nevertheless, in view of the fact that VTA intends to commence 
operations on August 12, 2005, FRA reserves the right to grant 
temporary relief prior to the expiration of the comment period so that 
rail service may

[[Page 42144]]

be instituted as scheduled. 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 July 14, 2005.
Grady C. Cothen, Jr.,
Deputy Associate Administrator for Safety Standards and Program 
Development.
[FR Doc. 05-14340 Filed 7-20-05; 8:45 am]
BILLING CODE 4910-06-P