[Federal Register Volume 75, Number 133 (Tuesday, July 13, 2010)]
[Notices]
[Pages 40026-40027]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-17026]
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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 Mishawaka, Indiana
[Waiver Petition Docket Number FRA-2010-0110]
The City of Mishawaka, IN (City), and the Norfolk Southern
Corporation (NS) 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
October 31, 2010.
There are 19 crossings in the existing Pre-Rule Quiet Zone
extending from Elder Road (MP 429.21) to Russell Avenue (MP 434.21) on
the NS Dearborn Division, Chicago Line Subdivision. 3 of these
crossings will be treated with Supplementary Safety Measures (SSM) and
Alternative Safety Measures (ASM) as follows: 1 crossing closure (SSM),
1 crossing with gates and traffic channelization devices (SSM), and 1
crossing with a modified SSM consisting of gates and channelization
(ASM). The 2 SSMs will be completed by June 24, 2010, and the ASM will
be completed within 45 working days of receipt of the ASM approval from
FRA. In the future, 2 other crossings will be modified as part of an
Indiana Department of Transportation project resulting in 1 grade
separation and 1 closure. The City requests that the existing Pre-Rule
Quiet Zone be allowed to continue until October 31, 2010, by which time
the 2 SSMs and 1 ASM improvements will have been completed.
The City states that it has had its pre-rule quiet zone since 1974,
and that its residents and others have become accustomed to its
existence. It asserts
[[Page 40027]]
that the proposed extension would not pose any additional risk to
public health or safety. There have been only 2 crossing collisions
involving property damage at the Russell Avenue crossing over the past
11 years. The City also notes that it has worked diligently since the
final rule was released in 2005, to take the necessary steps to retain
its pre-rule quiet zone. This includes the retaining of a consulting
firm to assist with the project and to ensure compliance with all
regulatory requirements. Throughout the process, the City and NS have
worked diligently and cooperatively to implement this project. The City
and NS are requesting that the June 24, 2010, deadline be extended to
October 31, 2010, 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-
2010-0110) 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 document (or signing the
document, 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;
Page 19477) or at http://www.dot.gov/privacy.html.
Issued in Washington, DC, on July 7, 2010.
Robert C. Lauby,
Deputy Associate Administrator for Regulatory and Legislative
Operations.
[FR Doc. 2010-17026 Filed 7-12-10; 8:45 am]
BILLING CODE 4910-06-P