
[Federal Register Volume 77, Number 225 (Wednesday, November 21, 2012)]
[Notices]
[Pages 69921-69922]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-28351]


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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket Number FRA-2002-13398]


Petition for Waiver of Compliance

    In accordance with Parts 240 and 242 of Title 49 Code of Federal 
Regulations (CFR), this document provides the public notice that by a 
document dated August 16, 2012, the Hillsborough Area Regional Transit 
Authority (HART) has petitioned the Federal Railroad Administration 
(FRA) for a waiver of compliance from certain provisions of the Federal 
railroad safety regulations contained at 49 CFR part 240--Qualification 
and Certification of Locomotive Engineers and 49 CFR part 242--
Qualification and Certification of Conductors for continued operation 
of its TECO Line Streetcar System at a ``limited connection'' with a 
railroad operated by CSX Transportation (CSX).

[[Page 69922]]

    In its petition, HART seeks to extend the terms and conditions of 
its Shared Use waiver (originally granted by FRA's Railroad Safety 
Board (Board) on October 18, 2002, and extended on July 14, 2006) for 
operation of its TECO Trolley across the 14th Street automatic 
interlocking at-grade rail-rail diamond crossing with CSX in Tampa, FL.
    On January 11, 2011, HART requested an extension of the terms and 
conditions of its Shared Use waiver for operation of its TECO Trolley. 
The Board granted HART's request for an extension of the relief for a 
period of only 18 months, citing deficiencies found during recent FRA 
inspections. FRA granted the 18-month extension on the condition that 
HART remedies the deficiencies and conducts, at the least, quarterly 
meetings to review operations at this crossing with CSX and the Florida 
Department of Transportation. FRA would continue to review its 
operation, and HART could apply for another extension prior to the end 
of that time period. HART states in its current petition letter that 
during two FRA inspections, no deficiencies in its operation were 
found, and requests a 5-year extension of the original waiver.
    For the reasons stated above, HART explained that its 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).
    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 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 January 7, 2013 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 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), or online at http://www.dot.gov/privacy.html.

    Issued in Washington, DC, on November 15, 2012.
Robert C. Lauby,
Deputy Associate Administrator for Regulatory and Legislative 
Operations.
[FR Doc. 2012-28351 Filed 11-20-12; 8:45 am]
BILLING CODE 4910-06-P


