[Federal Register Volume 77, Number 203 (Friday, October 19, 2012)]
[Notices]
[Pages 64374-64375]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-25784]


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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket Number FRA-2007-0030]


Petition for Waiver of Compliance

    In accordance with Parts 240 and 242 of Title 49 Code of Federal 
Regulations (CFR), this document provides the public notice that by a 
document dated August 23, 2012, the New Jersey Transit Corporation 
(NJT) 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 240-Qualification and 
Certification of Locomotive Engineers and 49 CFR part 242-Qualification 
and Certification of Conductors.
    NJT owns the Southern New Jersey Light Rail Transit (SNJLRT), a 
commuter light rail transit system operating for a distance of 
approximately 34 miles between the cities of Trenton and Camden, NJ. On 
December 3, 1999, FRA granted NJT's petition for approval of Shared Use 
and waiver of certain FRA regulations subject to certain exceptions and 
conditions set forth in the letter granting the petition waiver.
    FRA also granted additional relief to NJT in a decision letter 
dated January 28, 2004. Collectively, these decision letters are 
referred to as the ``SNJLRT waiver.'' The SNJLRT system has been in 
continuous revenue service since March 14, 2004, operating in 
accordance with the strictures, relief requests, and FRA conditions 
issued to date. Since the

[[Page 64375]]

effective date of the SNJLRT waiver, and the implementation of revenue 
service, NJT has identified additional FRA regulations from which it 
hereby seeks waivers.
    In the petition, NJT stated that it believes granting this waiver 
is in the public interest and consistent with railroad safety for two 
reasons. First, SNJLRT and the Consolidated Rail Corporation, the 
freight carrier operating on certain portions of the same rail line as 
SNJLRT, will continue to maintain a temporal separation plan between 
light rail transit operations and freight rail operations. Second, NJT 
and SNJLRT will be subject to comparable safety regulation through 
equivalent State safety oversight required by the Federal Transit 
Administration (FTA).
    NJT states that the SNJLRT System Safety Program Plan (SSPP) and 
the System Security Plan have been implemented and administered in 
accordance with the FTA's requirements found at 49 CFR part 659-Rail 
Fixed Guideway Systems; State Safety Oversight and the New Jersey State 
Safety Oversight Program. The State Oversight Program has been found to 
be in compliance with FTA requirements at 49 CFR part 659.
    SSPP also requires NJT to conduct annual internal safety audits to 
evaluate compliance with SSPP and measure its effectiveness. An annual 
report identifying the audits performed and any corrective action must 
be submitted to the New Jersey Department of Transportation (NJDOT) and 
actions must be taken, as appropriate, to remedy any deficiencies 
demonstrated by the audit. In addition, NJDOT conducts a safety review 
a minimum of once every 3 years to evaluate the effectiveness of NJT's 
implementation of its SSPP and outlines actions that must be taken, as 
appropriate, to remedy and deficiencies demonstrated by the review.
    Pursuant to the SSPP, NJDOT is responsible for promulgating 
standards and procedures requiring the reporting of accidents, 
incidents, and hazardous conditions. SSPP outlines the circumstances 
under which NJT and/or NJDOT conducts accident investigations; 
articulates that the National Transportation Safety Board, FRA and FTA 
can conduct accident investigations; and describes how SNJLRT 
coordinates with these external agencies during an investigation. SSPP 
requires SNJLRT to submit to the a corrective action plan to the NJDOT 
State Safety Oversight Office that sets forth in detail the actions 
SNJLRT will take to eliminate, minimize, or control the occurrence of 
the accident, incident, or hazardous condition, including an 
implementation schedule, where appropriate (SSPP, Section 10 and 
Appendix J).
    For the reasons stated above, NJT explained 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).
    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 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 December 3, 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 October 15, 2012.
Robert C. Lauby,
Deputy Associate Administrator for Regulatory and Legislative 
Operations.
[FR Doc. 2012-25784 Filed 10-18-12; 8:45 am]
BILLING CODE 4910-06-P