[Federal Register Volume 74, Number 211 (Tuesday, November 3, 2009)]
[Notices]
[Pages 56920-56921]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-26433]


-----------------------------------------------------------------------

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 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.

Dallas Area Rapid Transit

[Docket Number FRA-2004-20000]

    The Dallas Area Rapid Transit (DART), located in Dallas, TX, seeks 
an extension of its permanent waiver of compliance from Title 49 of the 
CFR for continued operation of a light rail line at a ``limited 
connection'' with the Dallas Garland and Northeastern Railroad (DGNO). 
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).
    DART is currently expanding its light rail operations and will 
double in size to 93 miles by 2014. Expansion includes shared corridor 
operation with DGNO with up to 50 or more limited connections at shared 
highway-rail grade crossings anticipated.
    Based on the foregoing, DART is seeking an extension of the terms 
and conditions of its current waiver of compliance from the provisions 
of the

[[Page 56921]]

Federal Railroad Locomotive Safety Standards, 49 CFR 229.125--
Headlights and Auxiliary Lights, and 49 CFR 234.105--Activation 
Failure. Other than new construction of the new light rail lines 
described in the original petition, DART claims that no modifications 
or changes have occurred since the first waiver was granted on May 2, 
2005.
    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 FRA-
2004-20000) and may be submitted by any of the following methods:
     Web site: http://www.regulations.gov. Follow the online 
instructions for submitting comments.
     Fax: 202-493-2251.
     Mail: Docket Operations Facility, U.S. Department of 
Transportation, 1200 New Jersey Avenue, SE., W12-140, Washington, DC 
20590.
     Hand Delivery: 1200 New Jersey Avenue, SE., Room W12-140, 
Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, 
except Federal holidays.
    Communications received within 45 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://www.regulations.gov.
    Anyone is able to search the electronic form of any written 
communications and comments received into any of our dockets by the 
name of the individual submitting the document (or signing the 
document, 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 (65 FR 19477) or at 
http://www.dot.gov/privacy.html.

    Issued in Washington, DC, on October 28, 2009.
Grady C. Cothen, Jr.,
Deputy Associate Administrator for Safety Standards and Program 
Development.
[FR Doc. E9-26433 Filed 11-2-09; 8:45 am]
BILLING CODE 4910-06-P