
[Federal Register: November 3, 2009 (Volume 74, Number 211)]
[Notices]               
[Page 56919-56920]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr03no09-109]                         

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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

[[Page 56920]]

relief being requested, and the petitioner's arguments in favor of 
relief.

Town of Black Wolf, Wisconsin

[Waiver Petition Docket Number FRA-2009-0097]

    The Town of Black Wolf, Wisconsin (Town), and the Wisconsin Central 
Limited (WC) seek 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 Town and WC are seeking a waiver from 
the rule in order that two previously closed public at-grade crossings 
could be used in the calculation of the risk indices necessary to 
establish a quiet zone. Specifically, they are seeking a waiver from 
the provisions of 49 CFR part 222, appendix C, B-3 so that the risk 
indices that were associated with two closed crossings, Swiss Road and 
Country Club Road, could be used in the calculation of the Risk Index 
With Horns (RIWH) and the Quiet Zone Risk Index (QZRI). Both RIWH and 
QZRI are used in the quiet zone calculation process to determine 
eligibility for the establishing of a quiet zone.
    The pertinent section of 49 CFR part 222, appendix C, section 
1(B)(3) reads as follows: ``Crossing closures: If any public crossing 
within the quiet zone is proposed to be closed, include that crossing 
when calculating the Risk Index with Horns. The effectiveness of a 
closure is 1.0. However, be sure to increase the traffic counts at 
other crossings within the quiet zone and recalculate the risk indices 
for those crossings that will handle the traffic diverted from the 
closed crossing. It should be noted that crossing closures that are 
already in existence are not considered in the risk calculations.''
    The Town is in the process of establishing a new quiet zone along 
the WC. The proposed quiet zone would consist of six public at-grade 
crossings and be approximately 4.3 miles in length.
    The Town states that it began preparing for the quiet zone in the 
spring of 2001. The preparation has included the installation of 
automatic warning devices consisting of flashing lights and gates at 
all crossings. Additionally, the Town has closed two crossings: Swiss 
Road (DOT 690134B) in 2004, and Country Club Road (DOT 
690137W) in December 2007. The Town affirms that all of these 
improvements were made with the intent of creating a quiet zone.
    The Town states that due to budget constraints, it was necessary to 
spread out the safety improvements over several years. The design and 
construction costs for the closing of Swiss Road and Country Club Road 
were approximately $251,000. The Town's preliminary risk reduction 
calculations indicate that it will not be able to establish a quiet 
zone for the six remaining crossings as they are now configured. If 
risk reduction credit is not allowed for the two closed crossings, 
additional safety measures will have to be installed and the Town will 
incur additional costs. However, if risk reduction credit is provided 
for the closure of the two crossings, the Town's calculations indicate 
that it would be able to establish a quiet zone without any additional 
improvements. (Note: Please see the docket to view the Town's 
calculations).
    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-
2009-0097) 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 (65 FR 19477) or at 
http://www.dot.gov/privacy.html.

    Issued in Washington, DC, on October 28, 2009.
Grady C. Cothen, Jr.,
Deputy Associate Administrator for Safety Standards and Program 
Development.
[FR Doc. E9-26435 Filed 11-2-09; 8:45 am]

BILLING CODE 4910-06-P
