Proposed Statement of Agency Policy Concerning Jurisdiction Over the Safety of Railroad Operations

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The Federal Railroad Administration (FRA) and the Federal Transit Administration are jointly developing a policy concerning safety issues related to light rail transit operations taking place on the general railroad system. That policy will describe how the two agencies will coordinate use of their respective safety authorities over shared use operations. FRA is issuing this proposed policy statement to describe the extent of its statutory jurisdiction over railroad passenger operations (which covers all railroads except urban rapid transit operations not connected to the general railroad system) and explain how it will exercise that jurisdiction. The proposal also explains FRA's waiver process and discusses factors that should be addressed in any petition submitted by light rail operators and other railroads seeking approval of shared use of the general railroad system. FRA is not required by law to provide notice and opportunity for comment on a statement of policy. However, given the number of shared use operations being planned around the nation and the level of interest in how the safety of those operations will be assured, the agency concluded that it could benefit from recei