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On March 10, 2003, the Research Triangle Regional Public Transportation Authority sued FRA in the Fourth Circuit concerning a letter from FRA Chief Counsel S. Mark Lindsey to John D. Claflin, General Manager for the Triangle Transit Authority (Triangle Transit or TTA). Triangle Transit had requested a jurisdictional determination concerning its planned regional rail system that is scheduled to begin revenue service in 2007 to link the cities of Raleigh and Durham and surrounding communities in the Research Triangle Region of North Carolina. Triangle Transit argued that the passenger rail system will not be subject to the safety jurisdiction of FRA, except to the extent necessary to ensure safety at highway-rail grade crossings shared by the Triangle Transit system and other railroads, and to ensure safety at points where the Triangle Transit system crosses freight railroad sidings. FRA's letter concluded that, under the Federal railroad safety laws, the Triangle Transit system will be a regional commuter rail system or other short-haul passenger operation and not urban rapid transit. As a result, the letter determined that Triangle Transit will be subject to all of FRA's safety regulations. The Fourth Circuit examined FRA's January 2003 decision letter to determine whether it was worthy of deference under criteria set forth in Supreme Court case law. The court found that FRA's letter evidenced thorough consideration of the relevant issues and that its conclusions were based on valid reasoning. Accordingly, the court found FRA's analysis persuasive and refused to overturn it.

Decision

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