[Federal Register Volume 78, Number 37 (Monday, February 25, 2013)]
[Notices]
[Pages 12826-12827]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-04243]


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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket Number FRA-1999-6254]


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 December 21, 2012, Santa Clara Valley Transportation Authority 
(VTA) has petitioned the Federal Railroad Administration (FRA) for an 
extension of a waiver of compliance from certain provisions of the 
Federal railroad safety regulations. FRA assigned the petition Docket 
Number FRA-1999-6254.
    VTA's 42.2-mile light rail transit (LRT) system began service in 
December 1987. The initial 9-mile segment from Santa Clara through 
downtown San Jose, CA, was completed in June 1988. By April 1991, VTA 
had extended its service to a 20.8-mile LRT system with 33 stations and 
11 park-and-ride lots.
    In December 1999, VTA began operations on its 7.6-mile Tasman West 
Extension, which connects Mountain View, CA, with VTA's existing light 
rail line. The Tasman East Extension followed in two phases. Phase I, 
which provides LRT service from VTA's Baypointe Transfer Station to its 
I-880/Milpitas Station, was completed in May 2001. Phase II, which 
provides LRT service from VTA's I-880/Milpitas Station to its Hostetter 
Station, was completed in June 2004, in conjunction with the Capitol 
Light Rail Extension south of Hostetter Station to Alum Rock Station. 
On October 1, 2005, VTA's Vasona Extension--which runs from downtown 
San Jose, CA, to the Winchester Transit Center--began service.
    The Vasona Extension is an LRT line that features ``limited 
connections'' to the general railroad system of transportation due to a 
shared corridor of operation with Union Pacific Railroad (UP). 
Specifically, the Vasona Extension includes 5 miles of an existing 15-
mile long freight railroad industrial lead that is serviced by UP. VTA 
owns the 5-mile section of track along the shared corridor with UP. VTA 
and UP maintain an Operations and Maintenance Agreement (Agreement), 
which includes an exclusive operating easement for UP. The Agreement 
allows UP to fulfill its common carrier obligation to operate freight 
service along the shared corridor. This Agreement also requires VTA to 
inspect, maintain, and repair all track, signal systems, and automatic 
warning devices along the shared corridor. UP's freight operations are 
minimal and limited to daylight hours, with a maximum authorized speed 
of 10 mph.
    By letter dated September 26, 2005, FRA granted VTA partial relief 
from certain provisions of the Federal railroad safety regulations for 
VTA's operations on the Vasona Extension. In a July 11, 2011, letter, 
VTA requested that FRA extend the terms and conditions of the waivers 
for another 5 years. FRA's subsequent reply letter, dated November 16, 
2011, denied the requested 5-year extension, citing ``certain instances 
of noncompliance by [VTA] with applicable FRA safety regulations.'' 
Instead, FRA granted VTA an 18-month extension of the waivers, with the 
possibility of a further extension, subject to VTA addressing FRA's 
safety concerns.
    In a December 21, 2012, letter, VTA requested that FRA extend the 
terms and conditions of the subject waivers for another 5 years. VTA 
states that it has worked diligently to address the issues raised by 
FRA in its November 16, 2011, reply letter. Since 2011, VTA has written 
to and met with FRA officials to clarify specific areas of concern, as 
well as to obtain guidance on complying with the applicable FRA 
regulations. VTA maintains that as a result of the discussions with 
FRA, it has implemented a number of changes to address FRA's concerns 
and to achieve full regulatory compliance. VTA therefore believes that 
it is appropriate to request, and for FRA to grant, a 5-year extension 
of the waivers.
    VTA also falls under the safety oversight of the California Public 
Utilities Commission, which is authorized by the Federal Transit 
Administration. 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 (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.

[[Page 12827]]

and 5 p.m., Monday through Friday, except Federal Holidays.
    Communications received by April 11, 2013 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 document, 
if submitted on behalf of an association, business, labor union, etc.). 
See http://www.regulations.gov/#!privacyNotice for the privacy notice 
of regulations.gov or interested parties may review DOT's complete 
Privacy Act Statement in the Federal Register published on April 11, 
2000 (65 FR 19477).

    Issued in Washington, DC, on February 20, 2013.
Robert C. Lauby,
Deputy Associate Administrator for Regulatory and Legislative 
Operations.
[FR Doc. 2013-04243 Filed 2-22-13; 8:45 am]
BILLING CODE 4910-06-P