Petition for Waiver of Compliance
| Published date | 27 July 2020 |
| Citation | 85 FR 45294 |
| Record Number | 2020-16229 |
| Section | Notices |
| Court | Federal Railroad Administration,Transportation Department |
Federal Register, Volume 85 Issue 144 (Monday, July 27, 2020)
[Federal Register Volume 85, Number 144 (Monday, July 27, 2020)]
[Notices]
[Pages 45294-45295]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-16229]
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DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
[Docket Number FRA-1999-6254]
Petition for Waiver of Compliance
Under part 211 of title 49 Code of Federal Regulations (CFR), this
document provides the public notice that on July 15, 2020, the Santa
Clara Valley Transportation Authority (SCVTA) petitioned the Federal
Railroad Administration (FRA) to renew a waiver of compliance from
certain provisions of the Federal railroad safety regulations contained
at 49 CFR parts 214, 217, 219, 220, 221, 223, 225, 228, 229, 231, 233,
236, 238, and 239. FRA assigned the petition Docket Number FRA-1999-
6254.
In its petition, SCVTA seeks to extend the terms and conditions of
its shared use waiver, originally granted by FRA's Railroad Safety
Board on September 26, 2005; modified in 2008; extended in 2011, 2013,
2018, and 2019. Specifically, SCVTA requests the following relief, for
a period of five years: partial relief from part 220, Railroad
Communications, for SCVTA employees, except its dispatchers; partial
relief from part 225, Railroad Accidents/Incident Reports, only for
employee injuries; and full relief from some parts of multiple
regulations (e.g., 49 CFR parts 217, 219, 221, 229, 238, and 239).
This shared use waiver is for the continued operation of the SCVTA
rail fixed guideway transit system with the Union Pacific Railroad
(UPRR) in the Vasona Corridor. SCVTA shares this corridor with UPRR, as
they operate in parallel for 5 miles of the existing 15-mile-long UPRR
Vasona Industrial Lead. It serves the cities of southwest San Jose and
Campbell, California. Because SCVTA owns this 5-mile-long portion of
the shared corridor, SCVTA and UPRR have executed an Operations and
Maintenance Agreement, which includes an exclusive operating easement,
allowing UPRR to fulfill its
[[Page 45295]]
obligations as a common carrier of freight by continuing its existing
freight operations within the purchased corridor. This agreement
requires SCVTA to inspect, maintain, and repair all tracks, signal
systems, and automatic warning devices along the freight track within
that portion of the corridor shared with SCVTA tracks.
SCVTA explains it has worked diligently with FRA to rectify
compliance concerns found during the 2018-2019 waiver relief period,
and seeks a full five-year extension of the regulations as previously
granted in this docket.
A copy of the petition, as well as any written communications
concerning the petition, is available for review online at
www.regulations.gov.
Interested parties are invited to participate in these proceedings
by submitting written views, data, or comments. 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 Ave. SE, W12-140, Washington, DC 20590.
Hand Delivery: 1200 New Jersey Ave. SE, Room W12-140,
Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal Holidays.
Communications received by September 10, 2020 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.
John Karl Alexy,
Associate Administrator for Railroad Safety,Chief Safety Officer.
[FR Doc. 2020-16229 Filed 7-24-20; 8:45 am]
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