
[Federal Register Volume 80, Number 202 (Tuesday, October 20, 2015)]
[Notices]
[Pages 63635-63636]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-26592]


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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket Number FRA-2009-0124]


Petition for Waiver of Compliance

    In accordance with part 211 of Title 49 Code of Federal Regulations 
(CFR), this provides the public notice that by a document dated 
September 22, 2015, the Peninsula Corridor Joint Powers Board (JPB) has 
petitioned the Federal Railroad Administration (FRA) for a modification 
to its existing waiver of compliance from certain provisions of the 
Federal railroad safety regulations contained at 49 CFR part 238. FRA 
assigned the petition Docket Number FRA-2009-0124.
    JBP, located in San Carlos, CA, seeks an amendment to its permanent 
waiver of compliance from 49 CFR 238.203, Static end strength, 238.205, 
Anti-climbing mechanism, and 238.207, Link between coupling mechanism 
and car body. JPB is considering purchasing non-FRA-compliant electric 
multiple unit (EMU) vehicles, constructed to European safety standards, 
for its Caltrain commuter rail service between San Francisco and 
Gilroy, CA. JPB seeks to amend two of the nine conditions specified in 
FRA's waiver decision letter dated May 27, 2010.
    Specifically, JPB requests that Condition 1 (that EMUs that are the 
subject of this waiver meet or exceed the crashworthiness performance 
levels identified and presented in the petition) be modified to align 
with proposed rule text for alternatively compliant Tier I equipment 
developed through the Railroad Safety Advisory Committee and its 
Engineering Task Force. Secondly, JPB requests removal of Condition 7 
(that JPB submit a comprehensive temporal separation plan to FRA for 
approval before the EMUs are operated).
    JPB states that the proposed rule text does not require temporal 
separation because trains built to these new rules are considered as 
safe or safer in collisions than trains built to current Federal 
standards. In addition, JPB states that it is currently implementing 
Positive Train Control and new EMUs will be compatible with the system, 
thereby reducing the risk of an impact between freight and passenger 
trains.
    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

[[Page 63636]]

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 (e.g., Waiver Petition Docket Number FRA-
2004-20000) 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 December 4, 2015 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 document, 
if submitted on behalf of an association, business, labor union, etc.). 
In accordance with 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 www.dot.gov/privacy. 
See also http://www.regulations.gov/#!privacyNotice for the privacy 
notice of regulations.gov.

    Issued in Washington, DC, on October 15, 2015.
Ron Hynes,
Director, Office of Technical Oversight.
[FR Doc. 2015-26592 Filed 10-19-15; 8:45 am]
 BILLING CODE 4910-06-P


