
[Federal Register: December 31, 2008 (Volume 73, Number 251)]
[Notices]               
[Page 80509-80510]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr31de08-125]                         

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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 Suffolk, Virginia

[Waiver Petition Docket Number FRA-2008-0087]

    The City of Suffolk, Virginia (City), seeks a permanent 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 part 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 Part 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 part 222.41(c)(2)(i)(B) that 
states that the Detailed Plan must be filed with FRA by June 24, 2008.
    The City states that its failure to meet the required deadlines was 
a direct result of its inexperience with the FRA's policies and 
procedures. The City has

[[Page 80510]]

dedicated staff to ensure that this oversight will not occur again.
    The City states that it is attempting to determine required 
modifications and make the necessary modifications to the crossing in 
question to continue the existing locomotive horn sounding 
restrictions. The City anticipates a cost of $300,000 to $500,000, to 
make the necessary upgrades in order to be in compliance with FRA 
regulations.
    The City states that it is currently negotiating with the Norfolk 
Southern Railway Company (NS) to garner its support for the waiver. The 
City also states that NS will notify FRA if it has an objection. The 
City decided to file the petition alone in order to expedite the 
process, and that a joint submission by the City and railroad is not 
likely to significantly contribute to public safety.
    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-
2008-0087) 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 30 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 December 23, 2008.
Grady C. Cothen, Jr.,
Deputy Associate Administrator for Safety Standards and Program 
Development.
[FR Doc. E8-31180 Filed 12-30-08; 8:45 am]

BILLING CODE 4910-06-P
