82 FR 38757 - Petition for Waiver of Compliance

DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration

Federal Register Volume 82, Issue 156 (August 15, 2017)

[Federal Register Volume 82, Number 156 (Tuesday, August 15, 2017)]
[Notices]
[Pages 38757-38758]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-17224]


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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket Number FRA-2006-25837]


Petition for Waiver of Compliance

    Under part 211 of Title 49 Code of Federal Regulations (CFR), this 
document provides the public notice that on July 27, 2017, the 
Charlotte Area Transit System (CATS) petitioned the Federal Railroad 
Administration (FRA) for a waiver of compliance from certain provisions 
of the Federal railroad safety regulations contained at Title 49 CFR 
part 219, Control of Alcohol and Drug Use. FRA assigned the petition 
docket number FRA-2006-25837.
    CATS has provided rail fixed guideway public transit service in the 
Charlotte, North Carolina metropolitan area since 2007 with its 
original 9.6-mile Blue Line system that operates from South Charlotte 
to Center City Charlotte. This portion features a shared corridor with 
Norfolk Southern Railway (NS), including separation of track centers by 
40 feet or more and limited connections with NS at two shared highway-
rail grade crossings at East Hebron Street and Sweden Road. CATS and NS 
signal and train control employees maintain their own respective 
crossing equipment. CATS is currently constructing a 9.3-mile extension 
of this Blue Line (LYNX BLE) which will provide service from Center 
City Charlotte to a terminus on the University of North Carolina campus 
with revenue service expected to begin by March 31, 2018. This 
extension will again share a corridor with NS, including a 75-foot 
track center separation and one limited connection with NS at a shared 
highway-rail grade crossing at 16th Street. CATS employees will 
continue to maintain crossing equipment on the CATS side of the 
corridor only, with NS employees maintaining the equipment on the NS 
side.
    CATS seeks relief from 49 CFR part 219 because it is already in 
compliance with Federal Transit Administration drug and alcohol 
regulations at 49 CFR part 655. CATS asserts this compliance provides 
an equivalent level of safety consistent with FRA's alcohol and drug 
regulations in part 219. CATS states that such a waiver will not result 
in any reduction in safety at the highway rail grade crossings it 
shares with NS and will preserve consistency throughout the CATS system 
for already-existing alcohol and drug policies.
    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 parties 
desire an opportunity for oral comment and a public hearing, 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 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 29, 2017 will be considered by 
FRA before final action is taken. Comments received after that date 
will be considered if practicable.
    Anyone can 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.). 
Under 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 https://www.transportation.gov/privacy. See

[[Page 38758]]

also https://www.regulations.gov/privacyNotice for the privacy notice 
of regulations.gov.

    Issued in Washington, DC, on August 10, 2017.
John Karl Alexy,
Director, Office of Safety Analysis.
[FR Doc. 2017-17224 Filed 8-14-17; 8:45 am]
 BILLING CODE 4910-06-P