
[Federal Register: June 11, 2010 (Volume 75, Number 112)]
[Notices]               
[Page 33379]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr11jn10-130]                         

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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.

Township of Montclair, New Jersey

[Waiver Petition Docket Number FRA-2010-0096]

    The Township of Montclair, New Jersey (Township), and the New 
Jersey Transit Corporation (NJT) jointly seek a temporary waiver of 
compliance from certain provisions of the Use of Locomotive Horns at 
Highway-Rail Grade Crossings, 49 CFR part 222. The Township intends to 
convert its Pre-Rule Partial Quiet Zone that it had previously 
continued under the provisions of 49 CFR 222.41(c)(1) to a 24-hour New 
Quiet Zone. The Township is seeking a waiver for the requirement to 
construct and complete a New Quiet Zone by June 24, 2010, as required 
by 49 CFR 222.41(c)(2) and for an extension of such date to September 
30, 2010.
    The Township states that it has worked diligently to complete the 
necessary improvements to establish a New Quiet Zone. There are 12 
crossings in the existing Pre-Rule Partial Quiet Zone. 6 of these 
crossings will be treated with Supplementary Safety Measures (SSM) as 
follows: 3 crossings with gates and medians, 2 crossings with four-
quadrant gates, and 1 crossing that will be reconfigured from a two-
street with gates to a one-way streets with gates.
    The Township and NJT have cooperatively worked to implement the 
planned improvements; however, due to the number of crossings and the 
complexity of the project, all of the planned improvements will not be 
completed by June 24, 2010. The Township requests that the existing 
Pre-Rule Partial Quiet Zone with hours from 7 p.m. to 7 a.m. be allowed 
to continue until September 30, 2010, by which time all of the 
improvements will have been completed.
    The Township states that SSMs consisting of gated crossings with 
medians will be completed at 3 of the crossings by June 24, 2010. It 
also notes that the existing Pre-Rule Partial Quiet Zone has been in 
existence since 1973, and that the residents and business owners have 
become accustomed to the absence of the horn during these hours. There 
has been only 1 grade crossing collision (property damage only) during 
the last 10 years. The Township and NJT feel that the extension of the 
Pre-Rule Partial Quiet Zone until September 30, 2010, will not pose any 
additional risk to public health and 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-
2010-0096) 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 15 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 June 7, 2010.
Robert C. Lauby,
Deputy Associate Administrator for Regulatory and Legislative 
Operations.
[FR Doc. 2010-14044 Filed 6-10-10; 8:45 am]
BILLING CODE 4910-06-P

