[Federal Register: April 28, 2008 (Volume 73, Number 82)]
[Notices]               
[Page 22993]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr28ap08-102]                         


[[Page 22993]]

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DEPARTMENT OF TRANSPORTATION

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 from 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.

City of Seattle, Washington

(Waiver Petition Docket Number FRA-2008-0047)

    The City of Seattle, Washington (City), and the BNSF Railway 
Company (BNSF) seek a permanent waiver of compliance from a certain 
provision of the Use of Locomotive Horns at Highway-Rail Grade 
Crossings, 49 CFR Part 222. The City intends to establish a Pre-Rule 
Quiet Zone that it had previously continued under the provisions of 49 
CFR Part 222.41(c)(1). The City and BNSF are seeking a waiver to extend 
the mailing date for a Notice of Intent as provided in 49 CFR Part 
222.41(c)(2)(i)(A) that states that the Notice of Intent must be mailed 
by February 24, 2008. The waiver petition requests that the Notice of 
Intent that the City mailed on February 27, 2008, be accepted as a 
valid Notice of Intent even though it was mailed after February 24, 
2008.
    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-
2008-0047) 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 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 
19477-78).

    Issued in Washington, DC, on April 22, 2008.
Grady C. Cothen, Jr.,
Deputy Associate Administrator for Safety Standards and Program 
Development.
 [FR Doc. E8-9204 Filed 4-25-08; 8:45 am]

BILLING CODE 4910-06-P