[Federal Register Volume 65, Number 190 (Friday, September 29, 2000)]
[Notices]
[Page 58597]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-25072]


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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration


Petitions for Waivers of Compliance

    In accordance with Title 49 Code of Federal Regulations (CFR) 
Sec. 211.41, and 49 U.S.C. 20103, notice is hereby given that the 
Federal Railroad Administration (FRA) has received a request for waiver 
of compliance with certain requirements of the Federal railroad safety 
regulations. The individual petition is described below, including the 
party seeking relief, the regulatory and statutory provisions involved, 
and the nature of the relief being sought.

San Diego Trolley, Inc. (``SDTI'')

FRA Waiver Petition No. FRA-2000-7137

    San Diego Trolley, Inc. (SDTI), a wholly owned subsidiary of the 
Metropolitan Transit Development Board, seeks a permanent waiver of 
compliance from certain CFR parts of Title 49, specifically: part 217, 
Railroad Operating Rules; part 218, Railroad Operating Practices; part 
219, Control of Alcohol and Drug Use; part 220, Railroad 
Communications; part 221, Rear End Marking Devices; part 223, Safety 
Gazing Standards--Locomotives, Passenger Cars and Cabooses; part 225, 
Railroad Accidents/Incidents--Report Classification, and 
Investigations; part 229, Railroad Locomotive Safety Standards; part 
231, Railroad Safety Appliance Standards; part 238, Passenger Equipment 
Safety Standards; part 239, Passenger Train Emergency Preparedness; and 
part 240, Qualification and Certification of Locomotive Engineers, as 
well as the statutory requirements of 49 U.S.C. chapter 211 pertaining 
to hours of service (see 49 U.S.C. 21108).
    SDTI has also petitioned for grandfathering approval to operate its 
equipment under 49 CFR 238.203. Notice of this petition has already 
been published in the Federal Register at 65 FR 25023 (April 28, 2000).
    SDTI was created as a wholly-owned subsidiary by the Metropolitan 
Transit Development Board (``MTDB'') in August 1980 to operate and 
maintain a Light Rail Transit (``LRT'') system. The SDTI System covers 
an area of approximately 46.4 route miles. Patronage on the SDTI System 
presently is over 75,000 passengers on an average weekday.
    SDTI seeks approval of shared track usage and waiver of certain FRA 
regulations involving light rail passenger operations with freight 
trains. SDTI also requests approval of a pilot project under which 
certain hours of service requirements would be waived. FRA has 
jurisdiction over a portion of the SDTI because it is connected to the 
general railroad system of transportation. Specifically, certain 
portions of the SDTI rail lines are used for freight rail carrier 
service. The freight operator, San Diego & Imperial Valley Railroad 
(``SD&IV''), conducts operations on the SDTI under temporal separation. 
(SDTI has recently amended its petition (1999-7137-8) to include a 
proposed amendment to its Standard Operating Procedure that would 
permit certain limited joint operations during the early morning period 
with light rail and freight movements on separate, but adjacent 
tracks.) The SD&IV operates at night on the rail line between San Diego 
and El Cajon, CA (approximately 18 miles) and between San Diego and San 
Ysidro, CA the southern terminal of the SDTI system (approximately 14 
miles). 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'' at 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'' at 65 FR 42626 (July 10, 2000).
    Since FRA has not yet concluded its investigation of the SDTI's 
petition, the agency takes no position at this time on the merits of 
SDTI's stated justifications. As part of FRA's review of the petition, 
the Federal Transit Administration will appoint a representative to 
advise FRA's Safety Board, and that person will participate in the 
board's consideration of MTA's waiver petition.
    All communications concerning these proceedings should identify the 
appropriate docket number (Docket Number FRA-2000-7137) and must be 
submitted to the DOT Docket Management Facility, Room PL-401 (Plaza 
level), 400 Seventh Street, SW., Washington, DC 20590. All documents in 
the public docket, including SDTI's detailed waiver request, are also 
available for inspection and copying on the Internet at the docket 
facility's Web site at http://dms.dot.gov. Communications received 
within 45 days of the date of this notice will be considered by FRA 
before final action is taken. Comments received after that date will be 
considered to the extent 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.

    Issued in Washington, DC on September 21, 2000.
Grady C. Cothen, Jr.,
Deputy Associate Administrator for Safety Standards and Program 
Development.
[FR Doc. 00-25072 Filed 9-28-00; 8:45 am]
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