
[Federal Register: July 13, 2010 (Volume 75, Number 133)]
[Notices]               
[Page 40026-40027]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr13jy10-137]                         

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

City of Mishawaka, Indiana

[Waiver Petition Docket Number FRA-2010-0110]

    The City of Mishawaka, IN (City), and the Norfolk Southern 
Corporation (NS) 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 
October 31, 2010.
    There are 19 crossings in the existing Pre-Rule Quiet Zone 
extending from Elder Road (MP 429.21) to Russell Avenue (MP 434.21) on 
the NS Dearborn Division, Chicago Line Subdivision. 3 of these 
crossings will be treated with Supplementary Safety Measures (SSM) and 
Alternative Safety Measures (ASM) as follows: 1 crossing closure (SSM), 
1 crossing with gates and traffic channelization devices (SSM), and 1 
crossing with a modified SSM consisting of gates and channelization 
(ASM). The 2 SSMs will be completed by June 24, 2010, and the ASM will 
be completed within 45 working days of receipt of the ASM approval from 
FRA. In the future, 2 other crossings will be modified as part of an 
Indiana Department of Transportation project resulting in 1 grade 
separation and 1 closure. The City requests that the existing Pre-Rule 
Quiet Zone be allowed to continue until October 31, 2010, by which time 
the 2 SSMs and 1 ASM improvements will have been completed.
    The City states that it has had its pre-rule quiet zone since 1974, 
and that its residents and others have become accustomed to its 
existence. It asserts

[[Page 40027]]

that the proposed extension would not pose any additional risk to 
public health or safety. There have been only 2 crossing collisions 
involving property damage at the Russell Avenue crossing over the past 
11 years. The City also notes that it has worked diligently since the 
final rule was released in 2005, to take the necessary steps to retain 
its pre-rule quiet zone. This includes the retaining of a consulting 
firm to assist with the project and to ensure compliance with all 
regulatory requirements. Throughout the process, the City and NS have 
worked diligently and cooperatively to implement this project. The City 
and NS are requesting that the June 24, 2010, deadline be extended to 
October 31, 2010, 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-
2010-0110) 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 (Volume 65, Number 70; 
Page 19477) or at http://www.dot.gov/privacy.html.

    Issued in Washington, DC, on July 7, 2010.
Robert C. Lauby,
Deputy Associate Administrator for Regulatory and Legislative 
Operations.
[FR Doc. 2010-17026 Filed 7-12-10; 8:45 am]
BILLING CODE 4910-06-P

