81 FR 52956 - Petition for Waiver of Compliance

DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration

Federal Register Volume 81, Issue 154 (August 10, 2016)

[Federal Register Volume 81, Number 154 (Wednesday, August 10, 2016)]
[Notices]
[Pages 52956-52957]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-18955]


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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket Number FRA-2007-0030]


Petition for Waiver of Compliance

    In accordance with part 211 of title 49 Code of Federal Regulations 
(CFR), this document provides the public notice that by a document 
dated June 15, 2016, the New Jersey Transit Corporation (NJ Transit) 
has petitioned the Federal Railroad Administration (FRA) for an 
extension of its existing waiver of compliance from certain provisions 
of the Federal railroad safety regulations. FRA assigned the petition 
Docket Number FRA-2007-0030.
    NJ Transit owns and operates Southern New Jersey Light Rail 
Transit, a commuter light rail transit system operating for 
approximately 34 miles between Trenton, NJ, and Camden, NJ. This 
commuter operation is also known as the River Line and operates over a 
Conrail freight line. The operation uses non-FRA-compliant diesel 
multiple unit trainsets during an exclusive passenger period, 
temporally separated from Conrail's nightly freight operations over the 
same tracks. NJ Transit first requested FRA approval of the shared use 
arrangement and the associated regulatory waivers for this operation on 
July 13, 1999, in Docket Number 1999-6135, and has received subsequent 
extensions and modifications of this regulatory relief in 2004, 2005, 
2006, 2007 (relating to ``Extended Temporal Separation Plan''), 2008 
(related to further modifications to the temporal separation plan and 
for allowing increased maximum operating speed of 65 mph with 4 inches 
of cant deficiency), 2012 (baselining all prior relief into sole Docket 
Number FRA-2007-0030 so that all related waivers would expire at the 
same time), and again in 2013 (modification to include relief from 49 
CFR part 242, Qualification and Certification of Conductors).
    This request is consistent with the requirements set forth in the 
``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

[[Page 52957]]

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).
    In its present petition, NJ Transit seeks an extension of the terms 
and conditions of the 2012 waiver of compliance, and respectfully 
requests that FRA incorporates the subsequent terms and conditions 
granted in the 2013 relief so that all waivers are baselined from this 
time forward. NJ Transit again seeks relief from the following: 49 CFR 
part 219, Control of Alcohol and Drug Use; 49 CFR 221.13(a) and 
221.14(a) (related to rear end marking devices); 49 CFR part 222, Use 
of Locomotive Horns at Public Highway-rail Grade Crossings (at 
locations and per the conditions of FRA's November 9, 2006 decision 
letter); 49 CFR 223.9(c), (d), and 223.15(c) (related to safety 
glazing); 49 CFR 229.125 (related to vehicle headlights and auxiliary 
lights); 49 CFR part 231, Railroad Safety Appliance Standards; 49 CFR 
234.105(c)(3) (related to grade crossing warning system activation 
failures); 49 CFR 236.23, 236.502, 236.504, 236.507, 236.566 (related 
to railroad signal and train control systems); 49 CFR 238.113, 
238.115(b)(4), 238.203, 238.205(a), 238.207, 238.209, 238.211, 238.213, 
238.215, 238.217, 238.221(a), 238.223, 238.231(i), 238.233, 238.235, 
238.237, and 238.301-238.319 (related to various aspects of FRA's 
passenger equipment safety standards); 49 CFR part 239, Passenger Train 
Emergency Preparedness; and 49 CFR part 242. NJ Transit also seeks 
FRA's approval to operate at 4 inches underbalance in accordance with 
49 CFR 213.57.
    A copy of the petition, as well as any written communications 
concerning the petition, is available for review online at 
www.regulations.gov and in person at the U.S. Department of 
Transportation's (DOT) Docket Operations Facility, 1200 New Jersey 
Avenue SE., W12-140, Washington, DC 20590. The Docket Operations 
Facility is open from 9 a.m. to 5 p.m., Monday through Friday, except 
Federal Holidays.
    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-
2007-0030) and may be submitted by any of the following methods:
     Web site: http://www.regulations.gov. Follow the online 
instructions for submitting comments.
     Fax: 202-493-2251.
     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 by September 26, 2016 will be considered by 
FRA before final action is taken. Comments received after that date 
will be considered as far as practicable.
    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 comment (or signing the document, 
if submitted on behalf of an association, business, labor union, etc.). 
In accordance with 5 U.S.C. 553(c), DOT solicits comments from the 
public to better inform its processes. DOT posts these comments, 
without edit, including any personal information the commenter 
provides, to www.regulations.gov, as described in the system of records 
notice (DOT/ALL-14 FDMS), which can be reviewed at www.dot.gov/privacy. 
See also http://www.regulations.gov/#!privacyNotice for the privacy 
notice of regulations.gov.

Robert C. Lauby,
Associate Administrator for Railroad Safety Chief Safety Officer.
[FR Doc. 2016-18955 Filed 8-9-16; 8:45 am]
 BILLING CODE 4910-06-P