FR 2021-03485

This document from the Federal Register involves a waiver request from San Diego Trolley Inc. (SDTI) to the Federal Railroad Administration (FRA). It outlines SDTI's desire for a five-year extension of existing waivers, which pertain to specific railroad safety regulations. These regulations allow SDTI to implement alternative safety rules that align with its operations, particularly in areas where it shares tracks with other rail systems within San Diego.

Overview of the Document

The request, submitted on February 10, 2021, suggests that SDTI aims to continue using alternative regulations that align more closely with their operational model, which involves track sharing with entities like San Diego & Imperial Valley Railroad and Coaster commuter service. Interested public parties are encouraged to submit written comments until April 8, 2021. While the FRA does not plan a public hearing, stakeholders can request one if deemed necessary.

Notable Issues and Concerns

Several concerns arise from the document:

1. Lack of Financial Implications: The document does not delve into the financial repercussions of granting the waiver, opening up possibilities for overlooked expenditures.

2. Unjustified Extension: The five-year extension lacks detailed justification. This omission raises questions about whether SDTI might receive preferential treatment.

3. Equivalence of Regulations: There is ambiguity surrounding how SDTI’s preferred regulations (49 CFR parts 673 and 674) are equivalent to those from which they seek waivers (49 CFR parts 270 and 243). Clarification on this matter is crucial to understanding the implications.

4. Operational Clarity: The explanation of shared trackage and limited connections lacks detail on the operational and safety impacts, which could lead to misunderstandings about the necessity of the waivers.

5. Benefits of Waivers: The document does not specify how SDTI benefits from these waivers, leaving readers unsure of why these regulatory changes are needed.

Impact on the Public and Stakeholders

General Public: The broader public might view these proceedings with skepticism due to the vagueness in financial and safety implications. However, the opportunity for public comment until April 8, 2021, allows for community engagement and transparency.

Specific Stakeholders:

• Railroad Operators: SDTI and potentially similar operators could be positively affected by decreased regulatory burdens, allowing for more customized safety measures that better suit their operations.

• Safety Advocates: They might view the waiver's lack of detail on equivalency and potential oversight in safety standards as concerning, which could lead to public safety risks.

• Commuters and Local Residents: Residents and frequent users of the San Diego trolley system may face apprehension regarding safety assurances due to the alternative compliance measures.

In summary, while SDTI's petition aims to reduce potentially duplicative regulatory burdens, the document requires better clarity and justification to ensure that the public and specific stakeholders can fully understand and trust the implications of such waivers. Public participation is crucial, and stakeholders are advised to take advantage of the comment period to voice their opinions and concerns.