[Federal Register Volume 73, Number 240 (Friday, December 12, 2008)]
[Notices]
[Pages 75808-75809]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-29419]


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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket Number FRA-2006-25040]


Capital Metropolitan Transportation Authority; Notice of Public 
Hearing

    On August 8, 2006, the Federal Railroad Administration (FRA) 
published a notice (Notice) in the Federal Register announcing Capital 
Metropolitan Authority's (CMTA) request for a waiver of compliance from 
certain provisions of Title 49 of the Code of Federal Regulations (CFR) 
for the operation of a new planned Commuter Rail Service (CRS) that 
will share trackage with the Austin Area Terminal Railroad (AUAR), a 
common carrier freight railroad. As explained in the Notice, CMTA is 
constructing a 32-mile rail system (27 miles shared with AUAR) linking 
the City of Leander, Texas, with downtown Austin, TX. CMTA plans to 
utilize temporal separation of freight and passenger operations on the 
shared trackage and a light rail style, non-FRA compliant Diesel-
Multiple Unit (DMU) vehicle in order to offer a `` `one seat ride' 
operating on both the CMTA mainline and in city streets with tight 
curvature.''
    As detailed in the Notice, CMTA seeks a waiver of compliance from 
certain regulatory provisions of 49 CFR parts 219 (Control of Alcohol 
and Drug Use), 221 (Rear end marking device), 223 (Safety glazing 
standards), 225 (Railroad accident/incident reporting), 229 (Railroad 
locomotive safety standards), 231 (Railroad safety appliance 
standards), 238 (Passenger equipment safety standards), 239 (Passenger 
train emergency preparedness) and 240 (Qualification and certification 
of locomotive engineers).
    Noting that certain provisions in 49 CFR part 231 pertaining to 
safety appliances are statutorily required, and therefore not subject 
to FRA's waiver authority, CMTA also requests that FRA exercise its 
authority under 49 U.S.C. 20306 to exempt CMTA from certain provisions 
of Chapter 203, Title 49, of the United States Code because the ``CMTA 
DMU vehicles will be equipped with their own array of safety devices 
resulting in equivalent safety.'' Specifically, CMTA requests that for 
purposes of its planned CRS system, FRA exempt it from the requirements 
of 49 U.S.C. 20302 mandating that railroad vehicles be equipped with 
(1) Handbrakes, (2) sill steps; and (3) side and end handholds.
    CMTA indicates that the DMU vehicles it plans to utilize for its 
CRS service are equipped with automatic spring applied parking brakes, 
as opposed to conventional hand brakes as required by Section 20302. 
CMTA further indicates that the parking brakes will be controlled by 
the one-person crew operating the vehicle from control stands within 
the vehicle and that the parking brakes are capable of holding a 
vehicle on a six percent grade at an 84.5 ton load. Accordingly, CMTA 
states the parking brake of its DMU vehicles serves the same purpose of 
a conventional hand brake, but in a manner that provides an equivalent 
or superior level of safety.
    CMTA further indicates that sill steps (required by Section 20302) 
are not necessary for safety on the DMU vehicles and would not enhance 
the safety of the vehicles. Specifically, CMTA explains that the door 
threshold of the vehicles is 23.5 inches above the top of the rail, and 
such configuration renders still steps unnecessary.
    CMTA also indicates that side and end handholds (required by 
Section 20302) are not necessary for safety on its DMU vehicles and in 
fact, such appliances might present a safety hazard in the street-
running environment of its planned CRS system. Specifically, noting 
that handholds are typically intended for use by crew members 
performing yard and service duties, CMTA notes that its operations will 
not involve any such activities from positions outside and adjacent to 
the vehicle or near vehicle doors. Instead, CMTA indicates that yard 
moves will be controlled from the control stand within the vehicle by 
the on-board operator and switches will be hand thrown. Therefore, CMTA 
notes that there is no need for personnel to mount or dismount the 
vehicles using external appliances of any kind. Further, CMTA expresses 
reservation about installing external handholds because of the street-
running characteristics of its planned CRS service noting that such 
appliances would give pedestrians ``the opportunity to grab onto 
something on the outside of the vehicle with the intention to hitch an 
unlawful,'' and unsafe, ride.
    In accordance with 49 U.S.C. 20306, FRA may exempt CMTA from the 
above statutory requirements based on evidence received and findings 
developed at a hearing demonstrating that the statutory requirements 
``preclude the development or implementation of more efficient railroad 
transportation equipment or other transportation innovations under 
existing law.'' Accordingly, in order to receive evidence and develop 
findings to determine whether FRA should invoke its discretionary 
authority under 49 U.S.C. 20306 in this instance, a public hearing is 
scheduled to begin at 9 a.m. on Thursday, January 8, 2009, at the 
Hilton Garden Inn located at 815 14th Street, NW., in Washington, DC. 
Interested parties are invited to present oral statements at the 
hearing. The hearing will be informal and will be conducted by a 
representative designated by FRA in accordance with FRA's Rules of 
Practice (49 CFR 211.25). The hearing will be a non-adversarial 
proceeding; therefore, there will be no cross examination of persons 
presenting statements. FRA representative will make an opening 
statement outlining the scope of the hearing. After all initial 
statements have been completed, those

[[Page 75809]]

persons wishing to make a brief rebuttal will be given the opportunity 
to do so in the same order in which initial statements were made. 
Additional procedures, as necessary for the conduct of the hearing, 
will be announced at the hearing.
    The petitioners should be present at the hearing and prepared to 
present evidence that any requirements of Chapter 203, title 49, United 
States Code, for which exemption is sought to ``preclude the 
development or implementation of more efficient railroad transportation 
equipment or other transportation innovations under existing law.''

    Issued in Washington, DC on December 8, 2008.
Grady C. Cothen, Jr.,
Deputy Associate Administrator for Safety Standards and Program 
Development.
[FR Doc. E8-29419 Filed 12-11-08; 8:45 am]
BILLING CODE 4910-06-P