[Federal Register Volume 77, Number 115 (Thursday, June 14, 2012)]
[Notices]
[Pages 35741-35742]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-14549]


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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket Number FRA-2006-24216]


Petition for Waiver of Compliance

    In accordance with Part 211 of Title 49 Code of Federal Regulations 
(CFR), this document provides the public notice that by a document 
dated May 11, 2012, the Sacramento Regional Transit District (SRTD) 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 222, Use Of Locomotive Horns at 
Public Highway-Rail Grade Crossings; Part 229, Locomotive Safety 
Standards; and Part 234, Grade Crossing Signal System Safety and State 
Action Plans. FRA assigned the petition Docket Number FRA-2006-24216.
    In a letter dated September 3, 2003, FRA granted SRTD conditional 
relief from 49 CFR Sections 229.125 and 234.105(c)(3) on SRTD's Blue 
and Gold Lines. In a letter dated July 28, 2006, FRA granted SRTD 
conditional relief from 49 CFR Part 222 at 17 shared highway-rail grade 
crossings. In a letter dated June 22, 2011, FRA extended the existing 
terms and conditions of SRTD's waivers for an 18-month period. FRA 
could not conclude that granting relief for a 5-year period was 
justified because FRA's field investigation revealed SRTD failed to 
comply with other applicable rail safety regulations.
    In a petition dated May 11, 2012, SRTD stated they are not 
proposing any change of scope in their request for an extension. SRTD 
affirmed that 49 CFR 229.125 and 234.105(c)(3) would still apply to all 
shared highway-rail grade crossings on SRTD's Blue and Gold Lines. SRTD 
confirmed that 49 CFR part 222 would still apply to the 17 shared 
highway-rail grade crossings. SRTD explained that their 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)).
    In the petition, SRTD acknowledged noncompliance with 49 CFR part 
225, Railroad Accidents/Incidents: Reports Classification, and 
Investigations; and 49 CFR part 228, Hours of Service of Railroad 
Employees; Recordkeeping and Reporting; Sleeping Quarters. SRTD

[[Page 35742]]

stated they have been working diligently to address deficiencies and 
are fully compliant. SRTD also stated they believe granting this waiver 
extension is in the public interest and consistent with railroad 
safety.
    SRTD operates 37.5 miles of light rail (including 48 light rail 
stops or stations) 365 days a year using 76 light rail vehicles. Light 
rail trains begin operation at 4 a.m. with 14 trains running every 15 
minutes during the day and 7 trains running every 30 minutes in the 
evening and on weekends. Blue Line and Gold Line trains operate until 
10:30 p.m., and the Gold Line to Folsom, CA, operates until 7 p.m. SRTD 
operates three- and four-car trains during the peak periods and two-car 
trains during the off-peak hours. Single-car trains provide late 
evening and Sunday service. The end-to-end running time on the light 
rail Blue Line between Meadowview and Watt/Interstate 80 is 48 minutes. 
The running time for the Gold Line between Sacramento Valley Station 
and Folsom is 55 minutes. Weekday light rail ridership averages about 
55,000.
    A copy of the petition, as well as any written communications 
concerning the petition, is available for review online at 
www.regulations.gov and in person at the U.S. Department of 
Transportation's (DOT) Docket Operations Facility, 1200 New Jersey 
Avenue 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. and 5 p.m., Monday through Friday, 
except Federal Holidays.
    Communications received by July 30, 2012 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 5, 2012.
Ron Hynes,
Acting Deputy Associate Administrator for Regulatory and Legislative 
Operations.
[FR Doc. 2012-14549 Filed 6-13-12; 8:45 am]
BILLING CODE 4910-06-P