[Federal Register Volume 72, Number 149 (Friday, August 3, 2007)]
[Notices]
[Page 43319]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-15157]


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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 from 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.

Capital Metropolitan Transportation Authority

[Docket Number FRA-2006-25040]

    Capital Metropolitan Transportation Authority (CMTA), located in 
Austin, TX, seeks a Conditional Test Waiver of compliance from certain 
parts of Title 49 of the CFR as part of its ongoing efforts to test and 
eventually commission new non-FRA compliant diesel multiple units for 
its start-up commuter rail service linking the City of Leander with 
downtown Austin, TX.
    CMTA is seeking a permanent waiver of compliance from the 
provisions of 49 CFR Part 219, Drug and Alcohol; Part 221, Rear End 
Marking Devices; Part 223, Safety Glazing Standards; Part 225, Accident 
and Incident Reporting; Part 229, Railroad Locomotive Safety Standards; 
Part 231, Railroad Safety Appliance Standards; Part 238, Passenger 
Equipment Safety Standards; Part 239, Passenger Train Emergency 
Preparedness; and Part 240, Qualification and Certification of 
Locomotive Engineers. In order to begin revenue operation in the fall 
of 2008, CMTA would like this Conditional Test Waiver in order to meet 
the system commissioning and testing requirements of the Texas 
Department of Transportation (TxDOT) System Safety and Security 
Certification process. Lastly, CMTA posits this Conditional Test Waiver 
is needed to successfully complete system integration, vehicle 
acceptance, training, and equipment familiarization. The testing will 
be conducted consistent with the operating principles of temporal 
separation set forth in the original petition for permanent waiver. 
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-
2006-25040) and must be submitted to the Docket Clerk, DOT Docket 
Management Facility, 1200 New Jersey Avenue, SE., West Building Ground 
Floor, Room W12-140, 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 30, 2007.
Grady C. Cothen, Jr.,
Deputy Associate Administrator for Safety Standards and Program 
Development.
 [FR Doc. E7-15157 Filed 8-2-07; 8:45 am]
BILLING CODE 4910-06-P