[Federal Register Volume 75, Number 115 (Wednesday, June 16, 2010)]
[Notices]
[Pages 34205-34206]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-14470]
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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) received a request for a waiver of compliance with 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-2010-0097]
The City of Seattle, Washington (City), and the BNSF Railway
Company (BNSF) jointly seek a temporary waiver of compliance from
certain provisions 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 222.41(c)(1). The City is seeking a waiver for the requirement to
construct and complete a Pre-Rule Quiet Zone by June 24, 2010, as
required by 49 CFR 222.41(c)(2), and for an extension of such date to
September 24, 2010.
The City states that it has engaged in numerous meetings with BNSF
to negotiate a Construction and Maintenance Agreement (CMA) for the
necessary improvements to establish a Pre-Rule Quiet Zone. There are 4
crossings in the existing Pre-Rule Quiet Zone. Three of these crossings
will be treated with Supplementary Safety Measures (SSM) and
Alternative Safety Measures (ASM) as follows: 2 crossings with four-
quadrant gates (SSM), and 1 crossing with three-quadrant gates and a
median on the approach that has only one gate (ASM). The 4th crossing
will be upgraded from a pedestrian-only crossing to a crossing for both
vehicles and pedestrians which will be equipped with standard flashing
lights and gates.
The City and BNSF finalized the CMA on June 29, 2009. Since that
date, the City has funded almost $1 million in improvements,
specifically to improve
[[Page 34206]]
crossings in the Pre-Rule Quiet Zone. However, the City and BNSF have
concluded that all of the planned improvements will not be completed by
June 24, 2010. The City requests that the existing Pre-Rule Quiet Zone
be allowed to continue until September 24, 2010, by which time all of
the improvements will have been completed.
The City states that construction so far has focused on the
installation of the vehicle detection system and upgraded signal
electronics. Rail has also been removed from a non-operating streetcar
system as part of the project. Since the construction of the
improvements has been made in good faith by both parties and is nearing
completion, both the City and BNSF are requesting that the June 24,
2010, deadline be extended so that the Pre-Rule Quiet Zone can remain
consistently active.
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-
2010-0097) 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 15 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 June 10, 2010.
Robert C. Lauby,
Deputy Associate Administrator for Regulatory and Legislative
Operations.
[FR Doc. 2010-14470 Filed 6-15-10; 8:45 am]
BILLING CODE 4910-06-P