[Federal Register Volume 75, Number 15 (Monday, January 25, 2010)]
[Notices]
[Pages 3960-3961]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-1226]


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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration


Petition for Waiver of Compliance

    In accordance with Part 211 of Title 49 Code of Federal Regulations 
(CFR), notice is hereby given that the Federal Railroad Administration 
(FRA) has received a request for a waiver of compliance from certain 
requirements of its safety standards. The individual petition is 
described below, including the party seeking relief, the regulatory 
provisions involved, the nature of the relief being requested, and the 
petitioner's arguments in favor of relief.

Peninsula Corridor Joint Powers Board-Caltrain

[Waiver Petition Docket Number FRA-2009-0124]

    The Peninsula Corridor Joint Powers Board (JPB) seeks a waiver of 
compliance from certain provisions of Title 49 CFR Part 238 Passenger 
Equipment Safety Standards. Specifically, JPB is considering purchasing 
non-FRA compliant high-efficiency electric multiple unit (EMU) 
vehicles, constructed to European safety standards for its Caltrain 
commuter rail service between San Francisco, CA, and Gilroy, CA. JPB 
seeks relief from the requirements of Sec.  238.204 Static End 
Strength; Sec.  238.205 Anti-Climbing Mechanism; Sec.  238.207 Link 
Between Coupling Mechanism; Sec.  238.211 Collision Posts; and Sec.  
238.213 Corner Posts.
    JPB, which owns and operates the Caltrain commuter rail service 
between San Francisco, CA, and Gilroy, CA [MilePost (MP) 51.9], is 
currently considering a program that increases system capacity by 
removing constraints within the system. This program, referred to as 
``Caltrain 2025,'' will allow Caltrain to expand service and reduce 
costs while providing a measurably safer transportation network. Along 
with electrification of mainline tracks and implementation of an 
enhanced positive train control system, a key component of this program 
involves the operation of some non-FRA compliant high-efficiency EMU 
vehicles constructed to European safety standards that feature Crash 
Energy

[[Page 3961]]

Management capabilities. Also, Caltrain will temporally separate 
freight operations from passenger operations between San Francisco, CA, 
and Santa Clara (MP 44.6), by limiting freight movements to the 
exclusive freight period hours of midnight-5 a.m. Only from MP 44.6-MP 
51.9 will freight service commingle with Caltrain commuter equipment 
during revenue service.
    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 (e.g., Waiver Petition Docket Number FRA-
2009-0124) and may be submitted by any of the following methods:
    <bullet> Web site: http://www.regulations.gov. Follow the online 
instructions for submitting comments.
    <bullet> Fax: 202-493-2251.
    <bullet> Mail: Docket Operations Facility, U.S. Department of 
Transportation, 1200 New Jersey Avenue, SE., W12-140, Washington, DC 
20590.
    <bullet> Hand Delivery: 1200 New Jersey Avenue, SE., Room W12-140, 
Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, 
except Federal holidays.
    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 as far as practicable. All 
written communications concerning these proceedings 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://www.regulations.gov.
    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 document (or signing the 
document, if submitted on behalf of an association, business, labor 
union, etc.). You may review DOT's complete Privacy Act Statement in 
the Federal Register published on April 11, 2000 (65 FR 19477) or at 
http://www.dot.gov/privacy.html.

    Issued in Washington, DC, on January 19, 2010.
Grady C. Cothen, Jr.,
Deputy Associate Administrator for Safety Standards and Program 
Development.
[FR Doc. 2010-1226 Filed 1-22-10; 8:45 am]
BILLING CODE 4910-06-P