[Federal Register Volume 76, Number 31 (Tuesday, February 15, 2011)]
[Notices]
[Pages 8810-8811]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-3292]


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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 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.

San Diego Trolley Incorporated

[Waiver Petition Docket Number FRA-2000-7137]

    The San Diego Trolley Incorporated (SDTI) seeks a 5-year extension 
of its current waiver of compliance from certain provisions of 49 CFR 
for certain portions of its light-rail transit operations, employing 
temporal separation in order to safely share track with the general 
railroad system's San Diego and Imperial Valley Railroad (SDIV). SDTI 
seeks relief from certain requirements of 49 CFR part 217, Railroad 
Operating Rules (except for Sec.  217.9(d)); Part 218, Railroad 
Operating Practices (Sec.  218.27(a)); Part 219, Control of Drug and 
Alcohol Abuse; Part 220, Railroad Communications; Part 221, Rear End 
Marking Device Passenger, Commuter and Freight Trains; Part 223, Safety 
Glazing Standards-Locomotives, Passenger Cars, and Cabooses (Sec. Sec.  
223.99(c), 223.17, 223.15(c)); Part 225, Accident Reporting and 
Investigation; Part 229, Railroad Locomotive Safety Standards 
(Sec. Sec.  229.46-229.59, 229.61, 229.65, 229.71, 229.77, 229.125, 
229.135); Part 231, Railroad Safety Appliance Standards (Sec.  231.14); 
Part 238, Passenger Equipment Safety Standards (Sec. Sec.  238.1135, 
238.114, 238.115, 238.203, 238.205, 238.207, 238.211, 238.213, 238.15, 
238.17, 238.19, 238.231, 238.233, 238.235, 238.237, Subpart D 
(Sec. Sec.  238.301-238.319)); Part 239, Passenger Train Emergency 
Preparedness; and Part 240, Locomotive Engineer Certification.
    SDTI 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 
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). SDTI 
received its initial waiver and permission from FRA in January 2001. In 
August 2004, SDTI received permission from FRA to modify the terms and 
conditions of the original 2001 waiver to include limited joint 
nighttime operations on the light-rail Blue Line with westbound SDIV 
freight trains. SDTI was granted a 5-year extension of the terms and 
conditions of the original waiver, with modifications approved in 2004 
and 2006. SDTI states in this waiver renewal that nothing has changed 
since the 2006 decision letter was rendered by FRA.
    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

[[Page 8811]]

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-
2000-7137) 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 February 9, 2011.
Robert C. Lauby,
Deputy Associate Administrator for Regulatory and Legislative 
Operations.
[FR Doc. 2011-3292 Filed 2-14-11; 8:45 am]
BILLING CODE 4910-06-P