

[Federal Register: February 1, 2008 (Volume 73, Number 22)]
[Notices]               
[Page 6259-6260]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr01fe08-140]                         

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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

 
Petition for Waiver of Compliance

    In accordance with Title 49 Code of Federal Regulations (CFR) Part 
211, notice is hereby given that the Federal Railroad Administration 
(FRA) 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 and Modification To Waiver Petition Docket Number FRA-1999-
6135, with New Docket Number FRA-2007-0030]

    As a supplement and modification to New Jersey Transit 
Corporation's (NJ Transit) petition for approval of shared use and 
waiver of certain FRA regulations (the original Shared Use Waiver was 
granted by the FRA Railroad Safety Board on December 3, 1999, a 5-year 
extension and decision regarding relief from the FRA Horn Rule was 
granted by the Safety Board on November 9, 2006), NJ Transit is seeking 
permission from FRA to modify the temporal separation operating plan to 
reflect new Burlington and Camden Subdivisions. Also, NJ Transit is 
asking

[[Page 6260]]

FRA to modify the terms and conditions of FRA's November 9, 2006, 
decision letter seeking a permanent waiver of compliance from 
requirements of the FRA Horn Rule for continued safe operation of its 
Southern New Jersey Light Rail Transit (SNJLRT) River Line at seven 
specific highway-rail grade crossings in the Palmyra and Riverton, NJ, 
communities. NJ Transit submits that this 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); also see 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 42526 
(July 10, 2000).)
    On April 27, 2005, FRA issued the Final Rule on Use of Locomotive 
Horns at Highway-Rail Grade Crossings, 70 FR 21844 (2005), with an 
effective date of June 24, 2005. NJ Transit claimed that although its 
audible warning operating practices on the River Line are generally in 
compliance with the rules contained in 49 CFR Parts 222 and 229, Use of 
Locomotive Horns at Highway Rail Grade Crossings; Final Rule, it needed 
relief from the requirements of the rule because of the unique 
operating characteristics of the SNJLRT River Line-particularly the 
close proximity of highway-rail grade crossings in the communities of 
Riverton and Palmyra, NJ. As noted and explained in the FRA decision 
letter dated November 9, 2006, FRA denied NJ Transit relief from the 
Horn Rule requirements, except at certain locations outlined in the 
decision letter, including four near-side station stops in the 
Riverton-Palmyra single track corridor at Cinnaminson Avenue, Morgan 
Avenue, Thomas Avenue, and Main Street.
    With this petition submitted in lieu of instituting quiet zones, NJ 
Transit again is seeking relief from the requirements of the FRA Horn 
Rule (use of 83 dB bell in lieu of 86dB horn) at seven of nine actively 
warned highway-rail grade crossings along this 1.4-mile Riverton-
Palmyra single track corridor. The driving force behind this request is 
that the SNJLRT River Line operates 91 weekday trips through this 
corridor, generating over 800 audible warnings between 6 a.m. and 10 
p.m., causing quality of life issues and noise complaints from nearby 
residents.
    Also with this petition, NJ Transit is seeking permission from FRA 
to modify the temporal separation operating plan to reflect new 
Burlington and Camden Subdivisions. The creation of these subdivisions 
will allow SNJLRT light rail vehicles in a particular subdivision to 
operate concurrently when Conrail freight trains are either late in 
clearing tracks in the other subdivision or they report clear for the 
remainder of the freight window. The subdivisions will be delineated 
where switches can be reversed and blocked to prevent movements outside 
each respective subdivision.
    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 within 45 days of the date of this notice 
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://www.regulations.gov.

    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 
19477-19478).

    Issued in Washington, DC on January 28, 2008.
Grady C. Cothen, Jr.,
Deputy Associate Administrator for Safety Standards and Program 
Development.
 [FR Doc. E8-1863 Filed 1-31-08; 8:45 am]

BILLING CODE 4910-06-P
