
[Federal Register: July 29, 2008 (Volume 73, Number 146)]
[Notices]               
[Page 43975-43976]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr29jy08-100]                         

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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 Waukesha, Wisconsin

[Waiver Petition Docket Number FRA-2008-0067]

    The City of Waukesha, Wisconsin (City) seeks a permanent waiver of 
compliance from certain provisions of 49 CFR part 222, which pertain to 
the establishment of Pre-Rule Quiet Zones. 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 to 
extend: (1) the mailing date for a Notice of Intent as provided in 49 
CFR 222.41(c)(2)(i)(A) that states that the Notice of Intent must be 
mailed by February 24, 2008, and (2) the filing date for a Detailed 
Plan as provided in 49 CFR 222.41(c)(2)(i)(B) that states that the 
detailed plan must be filed with FRA by June 24, 2008. The waiver 
petition also requests that the City be allowed to resubmit its Notice 
of Intent that was originally filed on March 4, 2008, in order to 
correct data errors in its original submission.
    The City states that it made an honest attempt to prepare the 
Notice of Intent which was mailed on March 4, 2008. However, after a 
diagnostic meeting was held on May 8, 2008, it was discovered that the 
Notice of Intent contained a number of errors and the calculation of 
risk levels should be revised. The City has now retained a consultant 
with national quiet zone experience and requests the time extension in 
order to prepare an updated Notice of Intent which will accurately 
present risk levels so correct treatments can be planned to protect 
public safety.
    The City seeks the waiver in order to continue the restrictions on 
routine sounding of locomotive horns along the current Main Line Quiet 
Zone (from Moreland Boulevard, MP 98.59 to Sunset Drive, MP 95.94). The 
City included a letter from the Wisconsin Central Ltd. Railroad (WCL) 
dated May 15, 2008, indicating the railroad's

[[Page 43976]]

support of the waiver petition to extend the deadlines for filing a 
Notice of Intent and providing a Detailed Plan. However, subsequent 
correspondence from WCL dated June 23, 2008, indicates that WCL has 
withdrawn its support for the City's waiver petition, based upon the 
failure of the City and WCL to come to agreement on the terms of the 
public safety enhancements for the affected highway-rail grade 
crossings.
    Interested parties are invited to participate in these proceedings 
by submitting written views, data, or comments. In particular, the City 
is invited to provide additional written information about the steps 
that it has taken to reach agreement with WCL on the City's request to 
extend the deadlines contained in 49 CFR 222.41(c)(2), as well as a 
written explanation as to why application of the joint submission 
requirement contained in 49 CFR 222.15(a) would not be likely to 
contribute significantly to public safety.
    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-
2008-0067) 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 20 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 July 23, 2008.
Grady C. Cothen, Jr.,
Deputy Associate Administrator for Safety Standards and Program 
Development.
 [FR Doc. E8-17394 Filed 7-28-08; 8:45 am]

BILLING CODE 4910-06-P
