[Federal Register Volume 76, Number 126 (Thursday, June 30, 2011)]
[Notices]
[Pages 38456-38457]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-16411]


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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket Number FRA-2011-0048]


Petition for Waiver of Compliance

    In accordance with Part 211 of Title 49 of the Code of Federal 
Regulations (CFR), this document provides the public notice that by a 
document dated June 2, 2011, the Tri-County Metropolitan Transportation 
District of Oregon (TriMet) has petitioned the Federal Railroad 
Administration (FRA) for a waiver of compliance from certain provisions 
of the Federal railroad safety regulations contained at 49 CFR Part 219 
Control of Drug and Alcohol Use; Part 220 Subpart B--Radio and Wireless 
Communication Procedures; Part 228.11 Hours of Safety Recordkeeping 
Requirements; and Part 229.125 Headlights and Auxiliary Headlights 
Candela Requirements. FRA assigned the petition Docket Number FRA-2011-
0048.
    TriMet has petitioned FRA for a waiver of compliance from certain 
provisions of the Federal railroad safety regulations contained in the 
CFR for the new 7.3-mile Orange Line extension of its rail fixed guide 
way transit system, which features limited connections to the general 
railroad system. These limited connections consist of a fully 
interlocked rail-rail at grade diamond crossing with Oregon Pacific 
Railroad and seven shared highway-rail grade crossings with the Union 
Pacific Railroad Company (two) and the Portland and Western Railroad 
(five). TriMet submits that the waivers are in the public interest and 
are consistent with railroad safety. Further, TriMet states that as a 
rail fixed guide way system under the oversight of the Oregon 
Department of Transportation, it will provide a level of safety 
equivalent to that provided by compliance with FRA regulations. 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).
    A copy of the petition, as well as any written communications 
concerning the petition, is available for review online at http://www.regulations.gov and in person at the Department of Transportation's 
Docket Operations Facility, 1200 New Jersey Ave., SE., W12-140, 
Washington, DC 20590. The Docket Operations Facility is open from 9 
a.m. to 5 p.m., Monday through Friday, except Federal Holidays.
    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 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.

[[Page 38457]]

and 5 p.m., Monday through Friday, except Federal holidays.
    Communications received by August 15, 2011 will be considered by 
FRA before final action is taken. Comments received after that date 
will be considered as far as practicable.
    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 comment (or signing the comment, 
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 (Volume 65, Number 70; Pages 
19477-78) or online at http://www.dot.gov/privacy.html.

    Issued in Washington, DC on June 23, 2011.
Robert C. Lauby,
Deputy Associate Administrator for Regulatory & Legislative Operations.
[FR Doc. 2011-16411 Filed 6-29-11; 8:45 am]
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