[Federal Register Volume 73, Number 136 (Tuesday, July 15, 2008)]
[Pages 40654-40655]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-16130]



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) has 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.

Memphis Area Transit Authority

[Waiver Petition Docket Number FRA-2008-0063]

    The Memphis Area Transit Authority (MATA) seeks a permanent waiver 
of compliance from sections of Title 49 of the CFR for operation of its 
vintage Main Street Trolley line, which features ``limited 
connections'' such as a shared corridor operation and a diamond at-
grade rail crossing of Canadian National/Illinois Central Railroad (CN/
IC) track by the streetcar. 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).
    The Main Street Trolley line is a 7 mile long, urban transit system 
serving 35 stations, and partially shares a riverfront corridor with 
CN/IC. Along this shared corridor, there are 11 shared highway-rail at 
grade crossings and one diamond at-grade rail crossing in which the 
streetcar crosses the CN/IC north of Auction Avenue as it heads south 
to GE Patterson Avenue. All shared highway rail at grade crossings have 
signalized crossing protection. Also, the diamond at-grade rail 
crossing is fully interlocked and signaled. All maintenance is 
performed by CN/IC.
    MATA's Main Street Trolley line shares a limited connection to the 
general freight system at 11 highway-rail at grade crossings and 1 
diamond at-grade rail crossing, and seeks a permanent waiver of 
compliance from Title 49 of the CFR, specifically: Part 210 Noise 
Emissions; Part 215 Freight Car Safety Standards; Part 218 Railroad 
Operating Practices; Part 219 Drug and Alcohol; Part 221 Rear End 
Marking Devices; Part 223 Safety Glazing Standards; Part 228 Hours of 
Service (for MATA streetcar operators and dispatchers); Part 229 
Locomotive Safety Standards; Part 231 Railroad Safety Appliances; Part 
238 Passenger Equipment Safety Standards; Part 239 Passenger Emergency 
Preparedness; and Part 240 Engineer Certification.
    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-
2008-0063) 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

[[Page 40655]]

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 

    Issued in Washington, DC, on July 9, 2008.
Grady C. Cothen, Jr.,
Deputy Associate Administrator for Safety Standards and Program 
[FR Doc. E8-16130 Filed 7-14-08; 8:45 am]