Petition for Waiver of Compliance, 42140 [05-14341]

Agencies

• Federal Railroad Administration
• DEPARTMENT OF TRANSPORTATION

[Federal Register Volume 70, Number 139 (Thursday, July 21, 2005)]
[Notices]
[Page 42140]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-14341]


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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) 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.

Hillsborough Area Regional Transit

[Docket Number FRA-2002-13398]

    This notice supercedes the Federal Register notice, Vol. 70, No. 
118, issued June 21, 2005, at 35771, concerning the above docket number 
which was issued in error.
    In its decision letter dated May 2, 2005, the FRA Railroad Safety 
Board granted Hillsborough Area Regional Transit (HARTLine) a waiver 
extension to include the original terms and conditions of its Shared 
Use/ Limited Connection Waiver, and incorporated changes to the 
operating plan for a period of one year (for the duration of Phase 1 
operating procedures). FRA will consider granting HARTLine a five year 
extension (with proposed Phase 2 procedures implemented) after 
reviewing the results of the Phase 1 operation. HARTLine now seeks a 
modification to this waiver and requests a change in the verbiage of 
the following paragraph of the May 2, 2005 Decision Letter:

    ``Phase 1: HARTLine will have its streetcars continue to be 
required to stop at the signal regardless of indication, with 
motorman announcing their intention to cross on a proceed (green) 
signal indication via radio to the HARTLine Rail Dispatcher in lieu 
of the CSXT flagman. The Rail Dispatcher, via newly installed Remote 
Monitoring System cameras, would then confirm the signal indication 
and grant permission to cross if the signal indication allows. The 
motorman would then recheck the signal; again confirm an appropriate 
signal indication to the Rail Dispatcher via radio, and cross the 
interlock. The HARTLine Rail Dispatcher would not control or 
communicate with CSXT train engineers or make any representations of 
the signals aspect. The HARTLine Rail Dispatcher will notify CSXT in 
Jacksonville, Florida, immediately by telephone of any 
irregularities in the signaling system.''

    HARTLine requests that the paragraph be amended to read as follows:

    ``Phase 1: HARTLine will have its streetcars continue to be 
required to stop at the signal regardless of indication, with 
motorman announcing their intention to cross on a proceed (green) 
signal indication via radio to the HARTLine Rail Dispatcher in lieu 
of the CSXT flagman. The Rail Dispatcher then confirms the 
transmission from the motorman that he/she has checked the 
indication of the signal, and is following its instructions. The 
motorman would then recheck the signal; again confirm an appropriate 
signal indication to the Rail Dispatcher via radio, and cross the 
interlock. The HARTLine Rail Dispatcher would not control or 
communicate with CSXT train engineers or make any representations of 
the signals aspect. The HARTLine Rail Dispatcher will notify CSXT in 
Jacksonville, Florida, immediately by telephone of any 
irregularities in the signaling system.''

    HARTLine is asking the FRA to modify the language of the waiver in 
order to reinforce the aspect of the failsafe CSXT signal only is used 
to control regular crossings, and ensure no misinterpretation that the 
Remote Monitoring System cameras or verbal permission from the Rail 
Dispatcher are approved crossing devices. Concurrently, HARTLine also 
is asking FRA to remove a minor typographic error that is present in 
the Decision Letter.
    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 communication concerning these proceedings should identify the 
appropriate docket number (e.g., Waiver Petition Docket Number FRA-
2002-13398) 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 within 30 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 https://dms.dot.gov.

    Issued in Washington, DC, on July 13, 2005.
Grady Cothen, Jr.,
Deputy Associate Administrator for Safety Standards and Program 
Development.
[FR Doc. 05-14341 Filed 7-20-05; 8:45 am]
BILLING CODE 4910-06-P