
[Federal Register: September 8, 2009 (Volume 74, Number 172)]
[Notices]               
[Page 46294-46295]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr08se09-159]                         

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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 Vancouver, Washington

Waiver Petition Docket Number FRA-2009-0053

    The City of Vancouver, Washington (City) seeks 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 New Partial Quiet Zone under the provisions of 49 CFR 
222.39. Specifically, the City is seeking a waiver from: (1) The 
provisions of 49 CFR 222.9, definition of a New Partial Quiet Zone so 
that the hours of the new partial quiet zone will be from 10 p.m. to 6 
a.m.; and (2) the provisions of 49 CFR 222.35(b)(1) so that the active 
grade crossing warning devices at Jefferson Street are not required to 
be equipped with constant warning time devices.
    49 CFR 222.9, definition of New Partial Quiet Zone reads as 
follows: ``New Partial Quiet Zone means a segment of a rail line within 
which is situated one or a number of consecutive public highway-rail 
crossings at which locomotive horns are not routinely sounded between 
the hours of 10 p.m. and 7 a.m., but are routinely sounded during the 
remaining portion of the day, and which does not qualify as a Pre-Rule 
Partial Quiet Zone or an Intermediate Partial Quiet Zone.''
    49 CFR 222.35(b)(1) reads as follows: ``Each public highway-rail 
grade crossing in a New Quiet Zone established under this part must be

[[Page 46295]]

equipped, no later than the quiet zone implementation date, with active 
grade crossing warning devices comprising both flashing lights and 
gates which control traffic over the crossing and that conform to the 
standards contained in the MUTCD. Such warning devices shall be 
equipped with constant warning time devices, if reasonably practical, 
and power-out indicators.'' The purpose of constant warning time 
devices (CWT) is so that the crossing warning devices provide the same 
amount of warning time regardless of the speed of the approaching 
train.
    The City is in the process of establishing a new partial quiet zone 
along the BNSF Railway's (BNSF) Northwest Division, Fallbridge 
Subdivision, which would extend from approximately Milepost 9.95 to 
Milepost 10.51. The new partial quiet zone will consist of three public 
at-grade crossings: West 11th Street (DOT 092276S), Jefferson 
Street (DOT 090249N), and West 8th Street (DOT 
090248G). The City seeks a waiver from the defined hours for a 
new partial quiet zone (10 p.m. to 7 a.m.) in order to have the new 
partial quiet zone's hours to be from 10 p.m. to 6 a.m. The City states 
that the change is sought to provide noise relief during the downtown 
residents and convention visitors prime sleeping periods while 
minimizing the effect on peak commercial traffic movements or safety. 
The City plans to utilize a temporary closure supplementary safety 
measure at the West 8th Street crossing and that there would be 
virtually no adverse impact on highway traffic if the street was open 
to traffic from 6 a.m. to 10 p.m.
    The City's new partial quiet zone plan includes the use of medians 
at the Jefferson Street grade crossing. The medians will be alternative 
safety measures as the southern median will only extend 50 feet from 
the gate. Jefferson Street is currently equipped with automatic warning 
devices consisting of standard flashing lights with gates. However, the 
warning devices are not equipped with CWT. The City states that the use 
of CWT at this crossing is not reasonably practical at this location 
since the crossing will be closed by December 31, 2011, as part of the 
City's Waterfront Access project.
    The City is requesting a temporary waiver through the end of 2011, 
at which time the crossings will be closed as part of the City's 
Waterfront Access project.
    The City states that it works closely with BNSF on a variety of 
projects and believes that it has a good working relationship with the 
railroad. The City contacted BNSF immediately concerning the proposed 
waivers and that the BNSF did not express any reservation with the 
proposed new partial quiet zone hours of 10 p.m. to 6 a.m. The City 
requested input from BNSF on the quiet zone improvements proposed for 
Jefferson Street but had not received a response. The City does not 
anticipate BNSF support for the portion of the waiver concerning CWT 
and decided to file the waiver petition alone in order to expedite the 
process. It also states that the lack of a joint submission will not 
compromise public safety or will applying the requirement of a joint 
submission be 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-
2009-0053) 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 August 31, 2009.
Grady C. Cothen, Jr.,
Deputy Associate Administrator for Safety Standards and Program 
Development.
[FR Doc. E9-21504 Filed 9-4-09; 8:45 am]

BILLING CODE 4910-06-P
