[Federal Register: October 20, 2003 (Volume 68, Number 202)]
[Notices]               
[Page 59986]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr20oc03-81]                         

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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 with 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.

New Jersey Transit Corporation

(Supplement to Waiver Petition Docket Number FRA-1999-6135)

    As a supplement to New Jersey Transit (NJ Transit) Corporation's 
Petition for Approval of Shared Use and Waiver of Certain Federal 
Railroad Administration Regulations (the Waiver was granted by the FRA 
on December 3, 1999 ), NJ Transit seeks permanent waiver of compliance 
from additional sections of Title 49 of the CFR for operation of its 
Southern New Jersey Light Rail Transit (SNJLRT) system. 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).
    In this regard, NJ Transit has advanced the design and construction 
of the SNJLRT system towards implementation (Fall 2003) and in the 
process, has identified the following additional regulation from which 
it hereby seeks waiver: 49 CFR 238.231(h)(i) Braking System-SNJLRT 
vehicles are equipped with a passenger-accessible emergency brake 
handle that, when activated, initiates a full service brake application 
rather than an emergency brake application.
    Since FRA has not yet completed its investigation of NJ Transit's 
petition, the agency takes no position at this time on the merits of NJ 
Transit's stated justifications. As part of FRA's review of the 
petition, the Federal Transit Administration will appoint a 
representative to advise FRA's Safety Board and that person will 
participate in the board's consideration of NJ Transit's waiver 
petition.
    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 1999-
6135) and must be submitted to the Docket Clerk, DOT Docket Management 
Facility, Room PL-401 (Plaza Level), 400 7th Street, SW., Washington, 
DC 20590. Communications received by November 10, 2003 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://dms.dot.gov.
    Anyone is able to search the electronic form of all comments 
received into any of our dockets by the name of the individual 
submitting the comment (or signing the comment, 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 (Volume 65, Number 70; Pages 19477-78). The Statement 
may also be found at http://dms.dot.gov.

    Issued in Washington, DC on October 14, 2003.
Grady C. Cothen, Jr.,
Deputy Associate Administrator for Safety Standards and Program 
Development.
[FR Doc. 03-26375 Filed 10-17-03; 8:45 am]

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