FTA State Safety Oversight FRA Waiver Status Memorandum April 23, 2009

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1 FT State Safety Oversight F Waiver Status Memorandum pril 23, 2009 ail gency State Oversight Waiver gency Currently Under FT State Oversight With pproved Waivers Charlotte rea Transit System (CTS) Charlotte, NC North Carolina DOT On September 11, 2006 CTS requested statutory exemption from certain Hours of Service equirements. Specifically, CTS requested an exemption for its signal employees from hours of duty limitations and related recordkeeping and reporting regulations contained in 49 CF Part 228. On ugust 24, 2007, F ruled that CTS has a shared corridor with only a limited connection with the general railroad system and F therefore will not exercise jurisdiction over the CTS system. Therefore F cannot grant a waiver and petition is dismissed. Dallas rea apid Transit (DT) Dallas, TX Hillsborough County rea egional Transit uthority (HT Line) Tampa Bay, FL Maryland Transit dministration (MT) Baltimore, MD Texas DOT /2/2010 F Letter dated May 2, 2005 granted DT s waiver petition for relief from CF Parts Headlights and ux. Lights and 49 CF Part ctivation Failure on the limited connection. Florida DOT /14/2011 HT Line was granted waiver to enter Phase 2 on 7/14/06. Phase 2 calls out use of HT Line event recorders and VMS at crossing in lieu of radio calls to the HT rail dispatcher. Maryland DOT 7054, /28/12 On November 28, 2007, the F ailroad Safety Board ruled that, with cessation of NS freight service on the CLL except at the limited connection diamond crossing, there is no longer shared use and relief from Title 49 of the Code of Federal egulations (CF) is no longer required. New Jersey Transit (NJT) Camden/Trenton, NJ New Jersey DOT , Based upon the nature of the limited connection with the general railroad system within the confines of the diamond crossing, the F ailroad Safety Board does not seek to apply most parts of Title 49 of the CF except 213 Track Safety Standards, 214 oadway Worker Protection, 214 oadway Maintenance Machines, 220 ailroad Communications (relief is denied as to radio procedures given the need to maintain appropriate supervision of freight and transit movements within the confines of the diamond crossing interlocking and given requirements that fall on NS crews for which no waiver request has been made. 5/9/2013 On June 26, 2008, NJ Transit provided the F a lean report on safe curving speeds in compliance with (d). Maximum speed for iver Line vehicles set to 65 MPH. On September 10, 2008 the F advised the FT that NJT s iver Line was operating at 65 MPH, 5 MPH greater than the shared use waiver granted NJT in F egion 2 has written a violation on NJT and F is currently drafting an F Safety Board esponse. The F Safety Board met on October 10, 2008, and issued a subsequent decision letter dated October 22, 2008, conditionally accepting NJT's supporting documentation (June 26, 2008 Klauser eport, and static lean test report), recognizing that the iver Line light rail vehicle is safe for a four (4) inch cant deficiency operation for F Track Classes 1-5. pproval was granted contingent upon F's egion 2 conducting a thorough review of the physical characteristics of iver Line. On November 18, 2008 F Safety Board convened to discuss F egion 2 s investigation of the New Jersey Transit's (NJT) iver Line light rail system, which was operating at an unapproved Maximum uthorized Speed (MS) of 65 miles per hour (mph) and in excess of three (3) inches cant deficiency in some curves. The Board is satisfied that the modifications to the Signal and Train Control system are 1

2 FT State Safety Oversight F Waiver Status Memorandum pril 23, 2009 ail gency State Oversight Waiver gency New Jersey Transit (NJT) Newark, NJ New Jersey DOT /7/2009 NJT petitioned F in 2004 and received extension. satisfactory and takes no exception to NJT's increase of its light rail vehicle fleet to a MS of 65 mph and curving speeds that generate cant deficiency up to but not exceeding four (4) inches with the following conditions: I. NJT shall limit its light rail vehicle operating speeds over all highway-rail grade crossings to MS of 60 mph. 2. NJT shall promptly provide the relevant State Safety Oversight gency (SSO) with a copy of this decision letter, revised time table, and all other correspondence to and from F related to this shared use waiver. Further, if NJT seeks any relief from requirements imposed by SSO related to the shared use operation that is the subject of this letter, NJT shall promptly provide to F's ssociate dministrator for Safety copies of any such request and supporting documentation. 3. s per the guidelines set forth in the Statement of gency Policy, the Board will continue to review any proposed modifications to the iver Line system, no matter how frequent, in accordance with the statutory standard. Note that NJT needs to request an extension to this waiver prior to expiration on March 7, 2009 regarding Newark City Subway (NCS) and its operations that occur over the shared right-of-way and track, and the arrangements between NJ Transit and Norfolk Southern ailway Company (NS) regarding temporal separation of NCS light rail transit and NS freight operations. North County Transit District (NCTD) Oceanside, C California PUC /9/13 On ugust 22, 2008, F responded to NCTD s request to test and document car body accelerations at cant deficiencies up to 6 inches. NCTD is seeking exemption from (b)(1) requirements. F provided guidance and recommendations, offered to meet with NCTD, and noted that the ailroad Safety dvisory Committee (SC) is in the process of updating portions of Title 49 Part 213. On September 23, 2008 NCTD provided Static Lean Test, Vehicle Suspension System Description/Maintenance, and Identification of curves as required substantiation that vehicle can safely negotiate the curves. On October 29, 2008, F notified NCTD that based on subsequent information provided by NCTD, the Board has determined that NCTD has satisfied the steady-state curving requirements and the Board takes no exception to NCTD's operation of its non-f compliant DMU train sets through all curves on the San Diego Northern ailroad, Escondido Subdivision at speeds up to 55 miles per hour, and at curving speeds generating up to but not exceeding four (4) inches of cant deficiency. s of pril 23, 2009, Seimens is using computer simulation software to model the performance of these LV s prior to any dynamic testing, in lieu of instumented wheelsets. egional Transit District (TD) Sacramento, C California PUC /28/2011 TD submitted petition for waiver from Part 222 on March 10, Conditional waiver was granted on 7/28/06 for five years. San Diego Trolley, Inc. (SDTI) San Diego, C California PUC 7137, /11/11 SDTI petitioned F on December 7, 2005 for an extension to the original waiver. The request was also for a 2 year extension to the Pilot Project Waiver Petition for limiting dispatching service employees to no more than 9 hours. Waivers granted on 9/11/06. 2

3 FT State Safety Oversight F Waiver Status Memorandum pril 23, 2009 ail gency State Oversight Waiver gency San Francisco Municipal ailway (MUNI) San Francisco, C California PUC F Deemed Not Necessary via letter dated March 8, Sound Transit Tacoma, W Washington DOT /17/2007 Waiver moot - BNSF line abandoned. Utah Transit uthority (TX) Salt Lake City, Utah Valley Transportation uthority (VT) Santa Clara, C Utah DOT /15/2010 On March 25, 2008 UT notified the F of their intent to create quite zones, and temporal separation of freight and passenger service on the Bingham Branch/lDalton Spur for the Mid-Jordan Light ail Project (OD on or before June 2011). UT has petitioned F for an extension of the relief from the 2007 F decision letter granting relief from the F Horn ule. Quiet zones have not been established-status quo. Safety Board meets pril 29, 2009 to decide. California PUC /17/2013 On July 6, 2008, F responded to SCVT s pril 25, 2008 letter proposing removal of a UP abandoned atgrade diamond rail crossing previously serving a wholesale flooring company on the Vasona Corridor Light ail Line. The Board recognizes that with the removal of the freight spur track and cessation of UP service into the flooring business, the need for UP freight trains to cross the SCVT light rail tracks via a turnout and at-grade diamond rail crossing is eliminated. ccordingly, once the turnout, at-grade diamond rail crossing, and all associated signaling appurtenances are physically removed, the only remaining connection between the Vasona Corridor Light ail line and UP will be along the shared corridor and at the shared highway-rail grade crossings. With the completion of this physical modification, F will continue to exercise it's jurisdiction over the Vasona Corridor based on the limited connections of the shared corridor and shared highway-rail grade crossings. St. Louis Metrolink Light ail System (Metro) St. Louis, MO MODOT and SCCTD /14/2012 On March 14, 2007 F reviewed Metrolink s petition for a waiver of compliance for a shared diamond crossing across Metrolink tracks. Based upon the nature of the limited connection with the general rail system, F would not seek to apply Part 217 ailroad Operating ules; Part 219 Control of lcohol and Drug Use; Part 221 ear End Marking Devices; Part 223 Safety Glazing Standards; Part 238 Passenger Equipment Safety Standards; and Part 239 Passenger Emergency Preparedness to Metro. However, to the extent relief is required, the request is granted. F grants a waiver of compliance from Part 214 ailroad Workplace Safety; based review of Metro's existing roadway worker safety rules and procedures, F stresses the need for effective coordination of this function with the general system railroad, Memphis rea Transit uthority (MT), Memphis, TN F denies Metro relief from Part 220 ailroad Communications because, in this limited crossing situation, there is a great need for effective radio communication between Metrolink personnel and personnel of the general system railroad. Please note that observance of Part 220 procedures is required only with respect to operations at and approaching the diamond crossing. TDOT /31/2013 On May 9, 2008, MT filed with the F a waiver petition for a limited connection between its Main Street Trolley line and the Canadian National/Illinois Central ailroad. MT 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 CF, specifically: Part 210 Noise Emissions; Part 215 Freight Car Safety Standards; Part 218 ailroad Operating Practices; Part 219 Drug and lcohol; Part 221 ear End Marking Devices; Part 223 Safety Glazing Standards; Part 228 Hours of Service (for MT streetcar operators and dispatchers); Part 229 Locomotive Safety Standards; Part 231 ailroad Safety ppliances; Part 238 Passenger Equipment Safety Standards; Part 239 Passenger Emergency Preparedness; and Part 240 Engineer Certification. 3

4 FT State Safety Oversight F Waiver Status Memorandum pril 23, 2009 ail gency State Oversight Waiver gency On July 18, 2008, the F posted to the Federal egister a notice for interested parties to comment on this request. F is now reviewing comments and F egion 3 report and has scheduled their review of the waiver request. On October 31, 2008, F granted MT relief subject to the following conditions: 1. Given F's concerns with communications among the entities operating through this corridor, within 90 days of the date of this letter, representatives of MT, CN, the Tennessee Department of Transportation, and F egion 3 shall convene to discuss and develop a more effective communications protocol that ensures safer shared corridor operations. The egional dministrator of F egion 3 shall approve these procedures and provide an update to the Deputy ssociate dministrator for Safety Standards and Program Development. 2. MT shall promptly provide the relevant State safety oversight agency (SSO) and CN with a copy of this decision letter and all correspondence to and from F related to this shared use waiver. Further, if MT seeks any relief from requirements imposed by SSO related to the shared use operation that is the subject of this waiver, MT shall promptly provide to F's ssociate dministrator for Safety copies of any such request and supporting documentation. Not under current FT State Safety Oversight Capital Metropolitan Transportation uthority (CMT) ustin, TX NONE years from OD During September 3 4, 2008, CMT and F representatives conducted a technical meeting and identified the evenue Service equirements List of remaining issues to be addressed before CMT revenue service. On September 23, 2008 CMT formally responded to F with its approach to addressing these issues. On October 10, 2008, F approved CMT s approach to work off the remaining issues through individual document and white paper submissions. On December 19, 2008, CMT submitted 10 white papers cross referenced to the evenue Service equirements List addressing 12 individual items. CMT reports that they expect most of the remaining items to be completed by mid January 2009 and will provide an update at that time. On January 8, 2009, F will hold public hearings in order to receive evidence and develop findings to determine whether F should invoke its discretionary authority under 49 U.S.C , regarding CMT s request for relief from F requirements mandating that railroad vehicles be equipped with (1) Handbrakes, (2) sill steps; and (3) side and end handholds. s of pril 23, 2009, CMT revenue service-opening day postponed indefinitely until operational issues are resolved between CMT and Veolia. Pennsylvania Northeast egional ailroad uthority (PN) (Lackawanna County) Scranton, P Port of Los ngeles Waterfront ed Line Trolley (POL) NONE /29/11 F Safety Board met September 20, 2006 and granted additional waiver to CF 240 on October 11, California PUC /24/2012 POL requested on 12/1/06 to renew existing waiver. On pril 24, 2007, F Safety Board met and granted waiver request. 4

5 FT State Safety Oversight F Waiver Status Memorandum pril 23, 2009 Location ail Transit gency Waiver Docket No. Currently Under FT State Oversight With pproved Waivers Dallas, TX Dallas rea apid Transit [1] Tampa, FL Baltimore, MD Camden/ Trenton, NJ Newark, NJ Oceanside, C Sacramento, C San Diego, C San Francisco, C Tacoma, W Hillsborough County rea egional Transit uthority Maryland Mass Transit dministration New Jersey Transit New Jersey Transit North County Transit District egional Transit District [1] San Diego Trolley, Inc. San Francisco Municipal ailway [1] Sound Transit , , Non ssign CF Part No C 214B 214C 214D C G G G D G D D G C G C G C D C C C C D D D D D G G G C C G G C C G G G G G C G G G G G G C C C C G C C G G G G C C N G C C C C G C C G C [2] G G G G G G G G N N N G G 239 G G Salt Lake City, Utah Transit uthority UT (TX) G N C C G G C G G G Santa Clara, C Valley Transportation uthority G G G G G G D G G G G G G G St. Louis, MO Metrolink Light ail System G G G G D G G G G Memphis, TN Memphis rea Transit uthority G G G G G G G G G G G G Not Under Current FT State Safety Oversight equirements ustin, TX Capital Metropolitan Transportation uthority D P C D C P C D D Pennsylvania Northeast Scranton, P egional ailroad uthority (Lackawanna 7275 G G G G G G G County) Port of Los ngeles 2001 San Pedro, C G G G G G G G G Waterfront ed Line Blank cells = waiver not requested and part applies (shared track) G = Grant; C = Conditions; D = Deny; N =equested but deemed not necessary by the Safety Board; P = Pending; = ailroad responsibility [1] Limited connection; [2] Hours of service pilot project U = Under eview For each F waiver CF Part number referenced above, please see the list on the following page

6 FT State Safety Oversight F Waiver Status Memorandum pril 23, ailroad Noise Emission 213 Track Safety Standards 213C Bridge Policy 214B Bridge Worker Safety 214C oadway Worker Protection 214D oadway Maintenance Machine Safety 215 Freight Car Safety Standards 217 ailroad Operating ules 218 ailroad Operating Practices 219 Control of lcohol and Drug 220 ailroad Communications 221 ear End Marking Device 222 Use of Locomotive Horn 223 Safety Glazing Standards 225 ccident & Incident eporting 228 Hours of Service eporting 229 Locomotive Safety Standards 231 ailroad Safety ppliances 232 Brake System for Freight 233 Signal System eporting 234 Highway ail Grade Crossing Signal System Safety 235 Discontinuance or Modification of Signals 236 ules for Signal & Train Control Systems 238 Passenger Equipment Standards 239 Passenger Emergency Preparedness 240 Locomotive Engineer Certification 6