[Federal Register Volume 83, Number 33 (Friday, February 16, 2018)]
[Notices]
[Pages 7103-7104]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-03210]


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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket Number FRA-2002-11809]


Petition for Waiver of Compliance

    Under part 211 of Title 49 Code of Federal Regulations (CFR), this 
provides the public notice that on January 29, 2018, the North County 
Transit District (NCTD) petitioned the Federal Railroad Administration 
(FRA) for an extension of its existing waiver of compliance from 
certain provisions of the Federal railroad safety regulations 
contained. FRA assigned the petition docket number FRA-2002-11809.
    In its petition, NCTD seeks to extend the relief granted in its 
existing shared use waiver, which was originally granted by FRA's 
Railroad Safety Board (Board) on May 1, 2003; modified in 2006; and 
extended and modified in 2013. This shared use waiver applies to 
operation of the SPRINTER rail fixed guideway transit system between 
Oceanside, California, and Escondido, CA over the BNSF Railway's (BNSF) 
Escondido Subdivision. SPRINTER operates for 22 miles with temporal 
separation from the Pacific Sun Railroad which is contracted by BNSF. 
The exclusive passenger period is from 3:45 a.m. until 9:45 p.m. Sunday 
through Thursday, and 3:45 a.m. until 12:00 a.m. (midnight) Friday 
through Saturday.
    NCTD continues to seek relief from 49 CFR part 210, Railroad Noise 
Emission Compliance Regulations; part 217, Railroad Operating Rules; 
part 219, Control of Alcohol and Drug Use; part 221, Rear End Marking 
Device-Passenger, Commuter, and Freight Trains; sections 223.9(c), 
223.9(d), 223.15(c), and 223.17 of the Safety Glazing Standards--
Locomotives, Passenger Cars and Cabooses; part 228, Hours of Service of 
Railroad Employees; Recordkeeping and Reporting; Sleeping Quarters, 
where applicable for operators only; part 231, Railroad Safety 
Appliance Standards; part 238, Passenger Equipment Safety Standards; 
part 239, Passenger Train Emergency Preparedness; part 240, Locomotive 
Engineer Certification. NCTD continues to seek partial relief from 49 
CFR part 225, Railroad Accidents/Incidents: Reports Classification, and 
Investigations, except with regard to reporting train and highway-rail 
grade crossing accidents to FRA, as employee injuries may be reported 
under Federal Transit Administration (FTA) or Occupational Safety and 
Health Administration rules; and relief from part 229, Railroad 
locomotive safety standards, except from sections 229.125(a)-(f).
    In its petition, NCTD states there have been no deficiencies with 
its operation since the last approval in 2013 and that NCTD, Pacific 
Sun Railroad, and the California Public Utilities Commission (CPUC) 
have continually interfaced with FRA Regional staff to monitor safety.
    CPUC is the State Safety Oversight Agency (SSOA) providing 
equivalent safety oversight in accordance with the terms and conditions 
set forth in FTA regulations at T49 CFR part 659, Rail Fixed Guideway 
State Safety Oversight, in CPUC General Order 164-D, Rules and 
regulations Governing State Safety Oversight of Rail Fixed Guideway 
Systems, and in CPUC General Order 143-B, Design, Construction and 
Operation of Light Rail Transit Systems.
    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

[[Page 7104]]

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:
     website: 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 April 2, 2018 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 also https://www.regulations.gov/privacyNotice for the 
privacy notice of regulations.gov.

    Issued in Washington, DC.
Robert C. Lauby,
Associate Administrator for Railroad Safety, Chief Safety Officer.
[FR Doc. 2018-03210 Filed 2-15-18; 8:45 am]
BILLING CODE 4910-06-P


