[Federal Register Volume 86, Number 68 (Monday, April 12, 2021)]
[Notices]
[Page 19082]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-07472]


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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket Number FRA-2011-0048]


Petition for Waiver of Compliance

    Under part 211 of title 49 Code of Federal Regulations (CFR), this 
document provides the public notice that on April 1, 2021, Tri-County 
Metropolitan Transportation District of Oregon (TriMet) petitioned the 
Federal Railroad Administration (FRA) for an extension of a waiver of 
compliance from certain provisions of the Federal railroad safety 
regulations contained at 49 CFR parts 219, Control of Alcohol and Drug 
Use, and 229, Railroad Locomotive Safety Standards. FRA assigned the 
petition Docket Number FRA-2011-0048.
    Specifically, TriMet seeks to extend its current relief from 49 CFR 
part 219. TriMet explains it alternatively complies with the Federal 
Transit Administration's 49 CFR part 655, Prevention of Alcohol Misuse 
and Prohibited Drug Use in Transit Operations, which provides an 
equivalent level of safety.
    TriMet also seeks to extend its relief from 49 CFR 229.125, 
Headlights and auxiliary lights, explaining that its rail fixed 
guideway transit vehicles are designed to operate on city streets in 
close proximity to automobile traffic. TriMet states that these 
vehicles also comply with the National Highway Traffic Safety 
Administration's Federal Motor Vehicle Safety Standard No. 108 for 
lamps and reflective devices. TriMet further states that its rolling 
stocks' headlights meet requirements for conspicuity and are the same 
as those found in the rest of the fleet that currently operate on rail 
fixed guideway urban transit systems not under FRA's jurisdiction. 
TriMet explains that while the auxiliary lights do not meet the 
brightness requirements of 49 CFR 229.125(d)(2), the auxiliary lights 
provide an equivalent level of conspicuity to the light rail vehicles, 
thereby meeting FRA's regulatory objective.
    This extension of relief would only apply to TriMet's 7.3-mile long 
MAX Orange Line rail fixed guideway urban rapid transit passenger 
service's limited connections to the general railroad system where it 
operates in the cities of Portland and Milwaukie, Oregon, serving 10 
stations. Two segments of the Orange Line share a common corridor with 
Union Pacific Railroad Company (UPRR) and Portland & Western Railroad 
(PWRR). That corridor includes a total of seven railroad-transit shared 
road crossings (highway-rail) with UPRR and PWRR, and one railroad-
transit at-grade crossing (rail-rail) with Oregon Pacific Railroad.
    FRA first granted this relief in 2011 prior to revenue service, and 
extended the relief in 2016 when revenue service commenced. In its 
petition, TriMet states that there have been no significant changes to 
the configuration of the Orange Line, no accidents on the Orange Line 
arising from its limited connections to the general railroad system, 
and no accidents related to the waiver of the two regulations under 
consideration.
    A copy of the petition, as well as any written communications 
concerning the petition, is available for review online at 
www.regulations.gov.
    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 parties 
desire an opportunity for oral comment and a public hearing, 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:
     Website: http://www.regulations.gov. Follow the online 
instructions for submitting comments.
     Fax: 202-493-2251.
     Mail: Docket Operations Facility, U.S. Department of 
Transportation (DOT), 1200 New Jersey Ave. SE, W12-140, Washington, DC 
20590.
     Hand Delivery: 1200 New Jersey Ave. SE, Room W12-140, 
Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, 
except Federal Holidays.
    Communications received by May 27, 2021 will be considered by FRA 
before final action is taken. Comments received after that date will be 
considered if practicable. Anyone can 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.). Under 5 U.S.C. 553(c), DOT solicits comments from the 
public to better inform its processes. DOT posts these comments, 
without edit, including any personal information the commenter 
provides, to www.regulations.gov, as described in the system of records 
notice (DOT/ALL-14 FDMS), which can be reviewed at https://www.transportation.gov/privacy. See also https://www.regulations.gov/privacyNotice for the privacy notice of regulations.gov.

    Issued in Washington, DC.
John Karl Alexy,
Associate Administrator for Railroad Safety, Chief Safety Officer.
[FR Doc. 2021-07472 Filed 4-9-21; 8:45 am]
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