
[Federal Register: June 16, 2010 (Volume 75, Number 115)]
[Notices]               
[Page 34205-34206]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr16jn10-125]                         

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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 Seattle, Washington

[Waiver Petition Docket Number FRA-2010-0097]

    The City of Seattle, Washington (City), and the BNSF Railway 
Company (BNSF) 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 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 for the requirement to 
construct and complete a Pre-Rule Quiet Zone by June 24, 2010, as 
required by 49 CFR 222.41(c)(2), and for an extension of such date to 
September 24, 2010.
    The City states that it has engaged in numerous meetings with BNSF 
to negotiate a Construction and Maintenance Agreement (CMA) for the 
necessary improvements to establish a Pre-Rule Quiet Zone. There are 4 
crossings in the existing Pre-Rule Quiet Zone. Three of these crossings 
will be treated with Supplementary Safety Measures (SSM) and 
Alternative Safety Measures (ASM) as follows: 2 crossings with four-
quadrant gates (SSM), and 1 crossing with three-quadrant gates and a 
median on the approach that has only one gate (ASM). The 4th crossing 
will be upgraded from a pedestrian-only crossing to a crossing for both 
vehicles and pedestrians which will be equipped with standard flashing 
lights and gates.
    The City and BNSF finalized the CMA on June 29, 2009. Since that 
date, the City has funded almost $1 million in improvements, 
specifically to improve

[[Page 34206]]

crossings in the Pre-Rule Quiet Zone. However, the City and BNSF have 
concluded that all of the planned improvements will not be completed by 
June 24, 2010. The City requests that the existing Pre-Rule Quiet Zone 
be allowed to continue until September 24, 2010, by which time all of 
the improvements will have been completed.
    The City states that construction so far has focused on the 
installation of the vehicle detection system and upgraded signal 
electronics. Rail has also been removed from a non-operating streetcar 
system as part of the project. Since the construction of the 
improvements has been made in good faith by both parties and is nearing 
completion, both the City and BNSF are requesting that the June 24, 
2010, deadline be extended so that the Pre-Rule Quiet Zone can remain 
consistently active.
    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-
2010-0097) 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 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 10, 2010.
Robert C. Lauby,
Deputy Associate Administrator for Regulatory and Legislative 
Operations.
[FR Doc. 2010-14470 Filed 6-15-10; 8:45 am]
BILLING CODE 4910-06-P

