[Federal Register Volume 78, Number 37 (Monday, February 25, 2013)]
[Notices]
[Pages 12826-12827]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-04243]
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DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
[Docket Number FRA-1999-6254]
Petition for Waiver of Compliance
In accordance with Part 211 of Title 49 Code of Federal Regulations
(CFR), this document provides the public notice that by a document
dated December 21, 2012, Santa Clara Valley Transportation Authority
(VTA) has petitioned the Federal Railroad Administration (FRA) for an
extension of a waiver of compliance from certain provisions of the
Federal railroad safety regulations. FRA assigned the petition Docket
Number FRA-1999-6254.
VTA's 42.2-mile light rail transit (LRT) system began service in
December 1987. The initial 9-mile segment from Santa Clara through
downtown San Jose, CA, was completed in June 1988. By April 1991, VTA
had extended its service to a 20.8-mile LRT system with 33 stations and
11 park-and-ride lots.
In December 1999, VTA began operations on its 7.6-mile Tasman West
Extension, which connects Mountain View, CA, with VTA's existing light
rail line. The Tasman East Extension followed in two phases. Phase I,
which provides LRT service from VTA's Baypointe Transfer Station to its
I-880/Milpitas Station, was completed in May 2001. Phase II, which
provides LRT service from VTA's I-880/Milpitas Station to its Hostetter
Station, was completed in June 2004, in conjunction with the Capitol
Light Rail Extension south of Hostetter Station to Alum Rock Station.
On October 1, 2005, VTA's Vasona Extension--which runs from downtown
San Jose, CA, to the Winchester Transit Center--began service.
The Vasona Extension is an LRT line that features ``limited
connections'' to the general railroad system of transportation due to a
shared corridor of operation with Union Pacific Railroad (UP).
Specifically, the Vasona Extension includes 5 miles of an existing 15-
mile long freight railroad industrial lead that is serviced by UP. VTA
owns the 5-mile section of track along the shared corridor with UP. VTA
and UP maintain an Operations and Maintenance Agreement (Agreement),
which includes an exclusive operating easement for UP. The Agreement
allows UP to fulfill its common carrier obligation to operate freight
service along the shared corridor. This Agreement also requires VTA to
inspect, maintain, and repair all track, signal systems, and automatic
warning devices along the shared corridor. UP's freight operations are
minimal and limited to daylight hours, with a maximum authorized speed
of 10 mph.
By letter dated September 26, 2005, FRA granted VTA partial relief
from certain provisions of the Federal railroad safety regulations for
VTA's operations on the Vasona Extension. In a July 11, 2011, letter,
VTA requested that FRA extend the terms and conditions of the waivers
for another 5 years. FRA's subsequent reply letter, dated November 16,
2011, denied the requested 5-year extension, citing ``certain instances
of noncompliance by [VTA] with applicable FRA safety regulations.''
Instead, FRA granted VTA an 18-month extension of the waivers, with the
possibility of a further extension, subject to VTA addressing FRA's
safety concerns.
In a December 21, 2012, letter, VTA requested that FRA extend the
terms and conditions of the subject waivers for another 5 years. VTA
states that it has worked diligently to address the issues raised by
FRA in its November 16, 2011, reply letter. Since 2011, VTA has written
to and met with FRA officials to clarify specific areas of concern, as
well as to obtain guidance on complying with the applicable FRA
regulations. VTA maintains that as a result of the discussions with
FRA, it has implemented a number of changes to address FRA's concerns
and to achieve full regulatory compliance. VTA therefore believes that
it is appropriate to request, and for FRA to grant, a 5-year extension
of the waivers.
VTA also falls under the safety oversight of the California Public
Utilities Commission, which is authorized by the Federal Transit
Administration. 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.
[[Page 12827]]
and 5 p.m., Monday through Friday, except Federal Holidays.
Communications received by April 11, 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 document,
if submitted on behalf of an association, business, labor union, etc.).
See http://www.regulations.gov/#!privacyNotice for the privacy notice
of regulations.gov or interested parties may review DOT's complete
Privacy Act Statement in the Federal Register published on April 11,
2000 (65 FR 19477).
Issued in Washington, DC, on February 20, 2013.
Robert C. Lauby,
Deputy Associate Administrator for Regulatory and Legislative
Operations.
[FR Doc. 2013-04243 Filed 2-22-13; 8:45 am]
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