[Federal Register Volume 65, Number 230 (Wednesday, November 29, 2000)]
[Notices]
[Page 71200]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-30431]


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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 provisions involved, and the 
nature of the relief being sought.

Sound Transit

[Waiver Petition Docket Number FRA-2000-8266]

    Sound Transit seeks a permanent waiver of compliance from certain 
sections of Title 49 of the CFR for operation of a new ``Tacoma Line'' 
light rail line at a ``limited connection'' with The Burlington Northen 
and Santa Fe Railway Company (BNSF). Sound Transit is building the 
Tacoma Link, which will intersect the BNSF Prairie Line at a rail 
crossing located in the City of Tacoma, Washington. The Tacoma Line 
will be within a highway at the rail grade crossing.
    Sound Transit seeks relief based on the safety precautions already 
in place at the crossing. Specifically, BNSF is subject to FRA's 
regulations and maintains and operates the rail crossing for the 
proposed project. Sound Transit specifically requests a waiver from the 
Passenger Equipment Safety Standards (49 CFR part 238), as Tacoma Link 
is a light rail transit operation except for the minor crossing 
connection. Sound Transit also states that the requirements for its 
light rail vehicles should be considered as similar to buses, autos, 
and all other street vehicles, wherein efforts are put into having 
warning equipment and procedures to reduce the probability and severity 
of an accident. 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).
    Since FRA has not yet concluded its investigation of the Tacoma 
Link, the agency takes no position at this time on the merits of Sound 
Transit's stated justifications.
    Interested parties are invited to participate in this proceeding by 
submitting written views, data, or comments. FRA does not anticipate 
scheduling a public hearing in connection with the request for a waiver 
of certain regulatory provisions. If any interested party desires an 
opportunity for oral comment, he or she should notify FRA, in writing, 
before the end of the comment period and specify the basis for his or 
her request. All communications concerning these proceedings should 
identify the appropriate docket number (e.g., Waiver Petition Docket 
Number FRA 2000-8266) 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 
Sound Transit'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 30 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 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.

    Issued in Washington, DC on November 21, 2000.
Grady C. Cothen, Jr.,
Deputy Associate Administrator for Safety Standards and Program 
Development.
[FR Doc. 00-30431 Filed 11-28-00; 8:45 am]
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