[Federal Register Volume 65, Number 83 (Friday, April 28, 2000)]
[Notices]
[Pages 25021-25023]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-10706]


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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration


Petitions for Waiver of Compliance; Date and Location of Public 
Hearings

    The National Railroad Passenger Corporation (Amtrak), Maryland Mass 
Transit Administration (MTA), and San Diego Trolley, Inc. (SDTI) each 
seek a waiver of compliance from 49 CFR 238.203(d)(2) to allow the 
continued temporary usage of certain railroad passenger equipment that 
does not comply with FRA's requirements for static end strength 
contained in 49 CFR 238.203(a)(1). Amtrak, MTA, and SDTI have 
petitioned FRA for ``grandfathering'' approval of this passenger 
equipment pursuant to 49 CFR 238.203(d), which allows the temporary 
usage of railroad passenger equipment not conforming to FRA's static 
end strength requirements to continue while a petition for 
grandfathering approval is being processed, but not later than May 8, 
2000, unless FRA has approved the petition. Amtrak, MTA, and SDTI seek 
to extend beyond the May 8, 2000 date the period during which passenger 
equipment that is the subject of the grandfathering petitions may 
operate, until a date that is 30 days after the date on which FRA acts 
finally on their grandfathering petitions. SDTI also seeks a waiver 
from the requirement to file a grandfathering petition before November 
8, 1999. FRA announces that it will hold a public hearing on each of 
these waiver requests, as discussed in more detail below by railroad.

National Railroad Passenger Corporation (Amtrak)

[Docket No. FRA-2000-7199]

    By public notice published on April 11, 2000 (65 FR 19427), FRA 
announced the receipt of a petition from Amtrak for a waiver of 
compliance from the May 8, 2000 date specified in 49 CFR 238.203(d)(2) 
for cessation of the temporary usage of non-compliant railroad 
passenger equipment that is the subject of a grandfathering petition 
filed with FRA, absent FRA approval of the petition by that date. This 
waiver petition proceeding is identified as Docket No. FRA-2000-7199. 
On October 18, 1999, Amtrak had filed a grandfathering petition with 
FRA in which it requested approval to continue using five trainsets 
that do not meet the static end strength requirements contained in 49 
CFR 238.203(a)(1). (This grandfathering petition proceeding is 
identified as Docket No. FRA-1999-6404.) In the April 11, 2000 notice, 
FRA invited comments from interested parties on Amtrak's waiver 
request, and explained that any interested party requesting a public 
hearing on this request must do so, in writing, by April 20, 2000.
    On April 20, 2000, FRA received a request from Bombardier, Inc., 
for a public hearing in connection with Amtrak's waiver request in 
Docket No. FRA-2000-7199. Bombardier stated that a public hearing is 
essential on the basis that the waiver request, as currently

[[Page 25022]]

docketed, lacks factual support for a determination that continued 
operation of the Talgo passenger equipment beyond May 8, 2000, is 
consistent with railroad safety. Bombardier also stated that a public 
hearing is essential to address FRA's decision to consider this general 
waiver request in a newly-docketed proceeding.
    In accordance with 49 CFR 211.25, FRA has decided to hold a public 
hearing in Docket No. FRA-2000-7199 on Amtrak's request to extend the 
May 8, 2000 date specified in 49 CFR 238.203(d) to a date 30 days after 
FRA acts finally on Amtrak's grandfathering petition. A public hearing 
is hereby set for 9:00 a.m. on Wednesday, May 3, 2000, at the Federal 
Railroad Administration, 7th floor, conference room 2, 1120 Vermont 
Ave., NW, Washington, DC 20590. Interested parties are invited to 
present oral statements at the hearing. The hearing will be an informal 
one and will be conducted in accordance with FRA's Rules of Practice 
(49 CFR 211.25) by a representative designated by FRA. The hearing will 
be a non-adversarial proceeding; therefore, there will be no cross-
examination of persons presenting statements. The FRA representative 
will make an opening statement outlining the scope of the hearing. 
After all initial statements have been completed, those persons wishing 
to make a brief rebuttal will be given the opportunity to do so in the 
same order in which initial statements were made. Additional 
procedures, as necessary for the conduct of the hearing, will be 
announced at the hearing.
    FRA makes clear that the hearing scheduled for May 3, 2000 is not a 
hearing on the merits of Amtrak's grandfathering petition, identified 
as Docket No. FRA-1999-6404.

Maryland Mass Transit Administration

[Docket No. FRA-2000-7286]

    FRA announces receipt of a petition from MTA for a waiver of 
compliance from the May 8, 2000 date specified in 49 CFR 238.203(d)(2) 
for cessation of the temporary usage of non-compliant railroad 
passenger equipment that is the subject of a grandfathering petition 
filed with FRA, absent FRA approval of the petition by that date. This 
waiver petition proceeding is identified as Docket No. FRA-2000-7286. 
On November 5, 1999, MTA had filed a grandfathering petition with FRA 
in which it requested approval to continue using its light rail 
vehicles on the Central Light Rail Line, which do not meet the static 
end strength requirements contained in 49 CFR 238.203(a)(1). (This 
grandfathering petition proceeding is identified as Docket No. FRA-
2000-7054; see 65 FR 14336; Mar. 16, 2000.)
    MTA states that extending the May 8, 2000 date is consistent with 
the public interest on the basis that the equipment that is the subject 
of the grandfathering petition is currently in use in an operation that 
guarantees the temporal separation of passenger service from limited 
freight service that operates on the same line, and because cessation 
of use of the equipment would cause enormous disruption in the 
Baltimore area due to the heavy and increasing reliance by the public 
on the light rail service.
    Interested parties are invited to participate in this proceeding 
(Docket No. FRA-2000-7286) by submitting written views, data, or 
comments. FRA announces that, in accordance with 49 CFR 211.25, it will 
hold a public hearing on Docket No. FRA-2000-7286 concerning MTA's 
request to extend the May 8, 2000 date specified in 49 CFR 238.203(d) 
to a date 30 days after FRA acts finally on MTA's grandfather petition. 
A public hearing is hereby set for 9:00 a.m. on Wednesday, May 3, 2000, 
at the Federal Railroad Administration, 7th floor, conference room 2, 
1120 Vermont Ave., NW, Washington, DC 20590. Interested parties are 
invited to present oral statements at the hearing. The hearing will be 
an informal one and will be conducted in accordance with FRA's Rules of 
Practice (49 CFR 211.25) by a representative designated by FRA. The 
hearing will be a non-adversarial proceeding; therefore, there will be 
no cross-examination of persons presenting statements. The FRA 
representative will make an opening statement outlining the scope of 
the hearing. After all initial statements have been completed, those 
persons wishing to make a brief rebuttal will be given the opportunity 
to do so in the same order in which initial statements were made. 
Additional procedures, as necessary for the conduct of the hearing, 
will be announced at the hearing.
    Written comments should identify Docket No. FRA-2000-7286 and must 
be submitted to the Docket Clerk, DOT Management Facility, Room PL-401 
(Plaza Level), 400 7th Street, SW, Washington, DC 20590. Communications 
received by May 3, 2000 will be considered by FRA before final action 
is taken. Comments received after that date will be considered as far 
as practicable. All written communications concerning this proceeding 
are available for examination during regular business hours (9 a.m.-5 
p.m.) at the above facility. All documents in the public docket are 
also available for inspection and copying on the Internet at the docket 
facility's web site at http://dms.dot.gov.
    FRA makes clear that the hearing scheduled for May 3, 2000 is not a 
hearing on the merits of MTA's grandfathering petition, identified as 
Docket No. FRA-2000-7054.

San Diego Trolley, Inc.

[Docket No. FRA-2000-7274]

    FRA announces the receipt of a petition from SDTI for a waiver of 
compliance from the May 8, 2000 date specified in 49 CFR 238.203(d)(2) 
for cessation of the temporary usage of non-compliant railroad 
passenger equipment that is the subject of a grandfathering petition 
filed with FRA, absent FRA approval of the petition by that date. 
SDTI's petition also seeks a waiver of compliance from the November 8, 
1999 date specified in 49 CFR 238.203(d)(2) before which a 
grandfathering petition is required to be filed with FRA. This waiver 
petition proceeding is identified as Docket No. FRA-2000-7274.
    On March 22, 2000, SDTI filed a grandfathering petition with FRA in 
which it requested approval to continue using its light rail vehicles 
which do not meet the static end strength requirements contained in 49 
CFR 238.203(a)(1). This grandfathering petition proceeding is 
identified as Docket No. FRA-2000-7137, and FRA is separately 
publishing notice in the Federal Register of the receipt of this 
grandfathering petition in accordance with 49 CFR 238.203(f).
    SDTI believes that its waiver requests in Docket No. FRA-2000-7274 
are in the public interest and consistent with railroad safety, citing 
the temporal separation of the SDTI's light rail transit operations 
from freight rail operations on the SDTI system, and existence of an 
approved system safety program. SDTI believes that allowing the 
continued operation of its light rail vehicles on its system past the 
May 8, 2000 date will not jeopardize rail safety.
    Interested parties are invited to participate in this proceeding 
(Docket No. FRA-2000-7274) by submitting written views, data, or 
comments. FRA announces that, in accordance with 49 CFR 211.25, it will 
hold a public hearing on Docket No. FRA-2000-7274 concerning SDTI's 
request to extend the May 8, 2000 date specified in 49 CFR 238.203(d) 
to a date 30 days after FRA acts finally on SDTI's grandfathering 
petition, as well as on SDTI's request to waive compliance with the 
date by which a grandfathering petition is required to be filed with 
FRA. A public

[[Page 25023]]

hearing is hereby set for 9:00 a.m. on Wednesday, May 3, 2000, at the 
Federal Railroad Administration, 7th floor, conference room 2, 1120 
Vermont Ave., NW, Washington, DC 20590. Interested parties are invited 
to present oral statements at the hearing. The hearing will be an 
informal one and will be conducted in accordance with FRA's Rules of 
Practice (49 CFR 211.25) by a representative designated by FRA. The 
hearing will be a non-adversarial proceeding; therefore, there will be 
no cross-examination of persons presenting statements. The FRA 
representative will make an opening statement outlining the scope of 
the hearing. After all initial statements have been completed, those 
persons wishing to make a brief rebuttal will be given the opportunity 
to do so in the same order in which initial statements were made. 
Additional procedures, as necessary for the conduct of the hearing, 
will be announced at the hearing.
    Written comments should identify Docket No. FRA-2000-7274 and must 
be submitted to the Docket Clerk, DOT Management Facility, Room PL-401 
(Plaza Level), 400 7th Street, SW, Washington, DC 20590. Communications 
received by May 3, 2000, will be considered by FRA before final action 
is taken. Comments received after that date will be considered as far 
as practicable. All written communications concerning this proceeding 
are available for examination during regular business hours (9:00 a.m.-
5:00 p.m.) at the above facility. All documents in the public docket 
are also available for inspection and copying on the Internet at the 
docket facility's web site at http://dms.dot.gov.
    FRA makes clear that the hearing scheduled for May 3, 2000 is not a 
hearing on the merits of SDTI's grandfathering petition, identified as 
Docket No. FRA-2000-7137.

    Issued in Washington, DC, on April 25, 2000.
S. Mark Lindsey,
Acting Deputy Administrator, Federal Railroad Administration.
[FR Doc. 00-10706 Filed 4-27-00; 8:45 am]
BILLING CODE 4910-06-P