[Federal Register Volume 71, Number 89 (Tuesday, May 9, 2006)]
[Notices]
[Pages 27034-27035]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-7050]


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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.

Lackawanna County Railroad Authority (``LCRA'') (Supplement and 
Extension to Waiver Docket Number FRA-2000-7275)

    As a supplement to Lackawanna County Railroad Authority's (LCRA) 
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 November 24, 2000, and a six month extension 
was granted by the FRA Railroad Safety Board on April 7, 2006). LCRA 
seeks a permanent waiver of compliance from an additional section of 
Title 49 of the CFR, specifically part 240, Qualification and 
Certification of Locomotive Engineers, part 229.129 FRA Horn Rule: 
Audible Warning Devices. LCRA also seeks a five year extension of this 
amended shared use waiver for continued safe operation of its historic 
light rail trolley operations on shared trackage with the general 
railroad system of transportation (Delaware-Lackawanna Railroad).
    LCRA is including in this modified waiver request four route miles 
added to the historic trolley excursion since 2002, and is informing 
the FRA of the upcoming 1870 feet trolley route extension from its 
current terminus at VC Station (VC Stub Switch MP 4.78) to the newly 
constructed Historic Trolley Maintenance Building (this portion will be 
used exclusively by trolleys). LCRA 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

[[Page 27035]]

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).
    LCRA operates the historic ``Lackawanna County Electric Trolley 
Station and Museum'' light rail operation that is connected to the 
general railroad system of transportation. The original waiver was 
granted for the initial 1.2 mile operation over the Brady Line and 
Scranton Yard in Scranton, PA. Freight and light rail operations are 
temporally separated on this portion of track. In 2002 and in 2004, a 
total of four additional route miles were added to this excursion 
operation, terminating at SS VC MP 4.81. LCRA is requesting a waiver 
from CFR part 240 because qualification for trolley Motormen is 
governed by the Delaware-Lackawanna's ``Trolley Motorman Certification 
Program.'' As per the new FRA Horn Rule, LCRA seeks relief from CFR 
229.129 due to the historically accurate nature of the equipment and 
its inability to reach the minimum decibel level required by this rule. 
(Section 229.129(d) clearly excepts locomotives of rapid transit 
operations, notwithstanding preamble discussion in the final rule to 
the contrary; accordingly this portion of the request for relief will 
be dismissed and comment is not requested on this aspect of the request 
for relief.).
    LCRA states that all trolley movements over the three public 
highway-rail grade crossings on the route of the Historic Trolley will 
comply with the requirements of the FRA Horn Rule, CFR part 222. 
Although the new 1870 feet extension will not feature shared use 
operation and will be used exclusively by trolleys, LCRA voluntarily 
entered agreement to have the Delaware-Lackawanna Railroad provide all 
railroad related maintenance services on this extension (track, signal, 
highway-grade crossing appurtenances, etc), in accordance with FRA 
standards.
    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 communication concerning these proceedings should identify the 
appropriate docket number (e.g., Waiver Petition Docket Number FRA-
2000-7275) 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 May 3, 2006
Grady C. Cothen, Jr.,
Deputy Associate Administrator for Safety Standards and Program 
Development.
 [FR Doc. E6-7050 Filed 5-8-06; 8:45 am]
BILLING CODE 4910-06-P