[Federal Register Volume 75, Number 192 (Tuesday, October 5, 2010)]
[Notices]
[Page 61562]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-25006]
[[Page 61562]]
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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.
The Village of Richton Park, Illinois
[Waiver Petition Docket Number FRA-2010-0137]
The Village of Richton Park, Illinois (Village), seeks 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 Village
intends to establish a new quiet zone under the provisions of 49 CFR
222.39. Specifically, the Village is seeking a waiver from the
provisions of 49 CFR 222.9, definition of a non-traversable curb, so
that a public crossing that will be equipped with flashing lights,
gates and medians that complies with all of the requirements necessary
to be a ``gates with medians'' supplemental safety measure (SSM) with
non-traversable curbs, except for the fact that the posted highway
speed limit is 45 miles per hour (mph) instead of 40 mph as required in
the definition, be deemed an acceptable SSM.
49 CFR 222.9, the definition of non-traversable curb, reads as
follows, ``Non-traversable curb means a highway curb designed to
discourage a motor vehicle from leaving the roadway. Non-traversable
curbs are used at locations where highway speeds do not exceed 40 mph,
and are at least six inches high. Additional design specifications are
determined by the standard traffic design specifications used by the
governmental entity constructing the curb.''
The Village is in the process of establishing a new quiet zone
along the Elgin, Joliet, and Eastern Railway's (EJE) Joliet Division,
Eastern Subdivision, which would extend from approximately Milepost
(MP) 17.82 to MP 20.31. The new quiet zone will consist of three public
at-grade crossings: Ridgeland Avenue (DOT 260629R), Central
Avenue (DOT 260630K), and Cicero Avenue (DOT
260632Y). The Village seeks a waiver from the requirement that
medians with non-traversable curbing may not be used where highway
speeds exceed 40 mph. The Cicero Avenue grade crossing is equipped with
standard flashing lights, gates and medians that are 330 feet in length
north of the crossing, and 1,300 feet in length south of the crossing.
The existing curbing on the medians meets the state requirements for
non-traversable curb but not the requirements necessary to serve as a
SSM. The Village intends to reconstruct the medians to meet the SSM
requirement. The posted highway speed is 45 mph.
The Village provides several reasons why the 5 mph difference in
speed limit would not diminish the effectiveness of the SSM, and thus
the waiver should be granted. First, the existing medians are much
wider (12-foot) than the typical medians used for this application. The
medians also exceed the nominal required length (100-foot), as they are
330 feet and 1,300 feet in length. Secondly, the existing curbed median
has not contributed to any prior incidents or accidents. No accidents
have occurred at the crossing in over 20 years. Thirdly, the Illinois
Department of Transportation (IDOT) was asked by the Village to review
and lower the speed limit. IDOT conducted a speed assessment and
determined that 45 mph is the appropriate, safe speed for Cicero
Avenue. Fourthly, the median design to be used by the Village follows
the IDOT standard, which allows curbed medians on highways with speed
limits of 40 or 45 mph. The Village feels that this standard should be
allowable under the clause ``Additional design specifications * * *''
in the definition.
The Village's waiver petition submission included a letter from the
Canadian National Railway Company (CN) supporting the approval of the
Village's waiver petition. CN owns the EJE.
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-
2010-0137) 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 September 28, 2010.
Robert C. Lauby,
Deputy Associate Administrator for Regulatory and Legislative
Operations.
[FR Doc. 2010-25006 Filed 10-4-10; 8:45 am]
BILLING CODE 4910-06-P