[Federal Register: October 15, 2010 (Volume 75, Number 199)]
[Notices]
[Page 63535-63536]
[DOCID:fr15oc10-158]

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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.

Utah Transit Authority

[Supplement to Waiver Docket Number FRA-1999-6253]

    As a supplement to the Utah Transit Authority's (UTA) petition for
approval of shared use and waiver of certain FRA regulations (the
original shared use waiver was granted by the FRA Railroad Safety Board
on August 19, 1999, for the Sandy/Salt Lake TRAX Light Rail Transit
line), UTA is amending the terms and conditions of the original waiver
by constructing the Mid-Jordan LRT line extension of the current Sandy/
Salt Lake TRAX LRT line. This extension will be urban rapid transit
light rail, featuring some temporally separated shared trackage
operation with the Bingham Branch of the General Railroad System.
    The Bingham Branch has two short line freight railroads; the Savage
Bingham & Garfield Railroad Company and the Utah Railway Company. UTA
respectfully requests an additional 5-year extension of the current
waiver, and a modification of the current waiver to include the Mid-
Jordan extension and its new fleet of Siemens S70 TRAX vehicles. UTA
submits that the extension and modifications of the waiver sought
herein are in the public interest and consistent with railroad safety
because UTA will adopt specific policies and procedures that will
provide a level of safety equivalent to that provided by full
compliance with FRA regulations. UTA submits that this request is
consistent with the waiver process for shared use. 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).
    On August 19, 1999, UTA filed a petition for approval of shared use
and waiver of certain FRA regulations pursuant to 49 CFR 211.7 for the
Sandy/Salt Lake TRAX Light Rail Transit line. FRA granted the waiver
for a period of 5 years until December 13, 2004. On August 12, 2004,
UTA filed a petition requesting a 10-year extension of the waiver, and
to additionally cover twenty-nine vehicles purchased from the Santa
Clara Valley Transportation Authority (VTA). On December 20, 2004, FRA
granted an extension of the waiver, including the VTA vehicles, for a
period of 1 year, effective through December 13, 2005. On June 3, 2005,
UTA filed a petition requesting a 5-year extension of the waiver. On
December 15, 2005, FRA granted an extension of the waiver for a period
of 5 years, effective through December 15, 2010.
    UTA is expanding its original Sandy/Salt Lake TRAX LRT line by
building the 10.6-mile Mid-Jordan LRT line extension, with temporally
separated light rail and freight operations sharing track on the
Bingham Branch. As part of this Mid-Jordan extension, UTA will
reconstruct this existing Bingham Branch Track and add a new parallel
track. This construction will allow that portion of the Mid-Jordan LRT
line that runs on the Bingham Branch to utilize two tracks for light
rail operations during the temporally separated passenger period from
5am-midnight daily, and all day Saturday and Sunday, with maximum
authorized speed of 65 mph. Lastly, UTA will buy a new fleet of Siemens
S70 TRAX vehicles that will operate throughout the entire light rail
system. In addition to the TRAX vehicles for which UTA has already
received a waiver of certain FRA regulations (existing TRAX vehicles),
UTA intends to add seventy-seven Siemens S70 light-rail vehicles to its
fleet. The S70 vehicles are very similar in nature to the existing TRAX
vehicles, with minor differences.

    UTA operates light rail vehicles that meet the equipment standards
of the California Public Utilities Commission, General Order 143-B. The
risk of collision between TRAX light rail vehicles will be minimized
because movement of TRAX vehicles currently is controlled by UTA
controllers in accordance with established operating rules. For this
new extension, the same procedures will be in place. Specifically, UTA
seeks a waiver from certain portions of 49 CFR, particularly Sec. Sec.
219 Control of Alcohol and Drug Use; 221 Rear End Marking Devices; 222
Use of Locomotive Horns at Public Highway-Rail Grade crossings; 223
Safety Glazing Standards; 225 Railroad Accidents/Incidents; 228 Hours
of Service of Railroad Employees; 229 Locomotive Safety Standards; 231
Railroad Safety Appliance Standards; 234 Grade Crossing Signal Systems
Safety; 238 Passenger Equipment Safety Standards; 239 Passenger Rail
Emergency Preparedness; and 240 Qualification and Certification of
Locomotive Engineers.
    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-
1999-6253) and may be submitted by any of the following methods:
     Web site: http://www.regulations.gov. Follow the online
instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: Docket Operations Facility, U.S. Department of
Transportation, 1200 New Jersey Avenue, SE., W12-140, Washington, DC
20590.
     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 October 8, 2010.
Robert C. Lauby,
Deputy Associate Administrator for Regulatory and Legislative
Operations.
[FR Doc. 2010-26012 Filed 10-14-10; 8:45 am]
BILLING CODE 4910-06-P