
[Federal Register: September 3, 2010 (Volume 75, Number 171)]
[Notices]               
[Page 54223-54224]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr03se10-130]                         

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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.

City of St. Matthews, Kentucky

(Waiver Petition Docket Number FRA-2010-0135)

    The City of St. Matthews, KY (City), and CSX Transportation, Inc. 
(CSX) 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 1, 2011. In addition, the City, CSX and the City of Richlawn, 
KY (Richlawn), seek a temporary waiver from provisions of 49 CFR 
222.41(c) so that a single public highway-rail grade crossing in 
Richlawn, that meets the definition of a Pre-Rule Quiet Zone, but the 
required notices or other actions have not been submitted, could be 
included in St. Matthews' Pre-Rule Quiet Zone.
    There are 5 crossings in the existing City's Pre-Rule Quiet Zone 
extending from Chenoweth Lane (MP T5.43) to Thierman Lane (MP T6.12) on 
the CSX Louisville Division, Louisville-Cincinnati Subdivision. All of 
the crossings are equipped with flashing lights and gates, constant 
warning time train detection circuitry and power-out indicators. Two of 
these crossings will be treated with Supplementary Safety Measures 
(SSM) as follows: 1 crossing with gates and non-traversable curb 
medians and 1 crossing with four-quadrant gates. One of the SSMs has 
been installed (gates and non-traversable curb medians on Thierman 
Lane) and the other (four-quadrant gates on Chenoweth Lane) will be 
completed within the October 2011 to April 2012 timeframe and hopefully 
sooner.

[[Page 54224]]

    The City notes that there is a pre-existing Alternative Safety 
Measure (ASM) consisting of an 80-foot non-traversable curb median on 
the southern approach of Chenoweth Lane. The City has committed to 
implement several interim measures to improve crossing safety until the 
installation of the four-quadrant gate system at Chenoweth Lane is 
completed. The City will install 30 feet of non-traversable curb median 
on the north approach of the Chenoweth Lane crossing. Law enforcement 
officers will be present during the morning and evening rush hours at 
varying times and locations to issue citations to motorists and 
pedestrians that illegally cross the tracks. The City will also include 
crossing safety information in its quarterly newsletter. The City 
requests that the existing Pre-Rule Quiet Zone be allowed to continue 
until September 1, 2011, by which time it is hoped that the four-
quadrant gate system 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 that the proposed extension would not pose any 
additional risk to public health or safety. 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 CSX have worked diligently and cooperatively 
to implement this project. The City and CSX entered into a Preliminary 
Engineering agreement during the summer of 2008, for the design and 
cost estimate of the four-quadrant gate system at Chenoweth Lane.
    CSX requested that the City provide the necessary exit gate timing 
for the system and recommended that it be obtained from the Kentucky 
Transportation Cabinet. Unfortunately, confusion on how to obtain this 
information resulted in CSX not receiving the timing information in 
sufficient time to enable the installation of the system prior to June 
24, 2010. The City terminated its Pre-Rule Quiet Zone on June 1, 2010, 
as it was not able to complete the necessary improvements prior to the 
deadline date. It since has learned that it could have asked for a 
waiver to have the deadline extended and is now asking that the Pre-
Rule Quiet Zone be reinstated pending completion of the improvements 
necessary for the establishment of the quiet zone. The City and CSX are 
requesting that the June 24, 2010 deadline be extended to September 1, 
2011, so that the Pre-Rule Quiet Zone can remain active.
    The City, CSX and Richlawn also petition that the public highway-
rail grade crossing on Hubbards Lane (MP T6.38) in Richlawn be included 
in the City's Pre-Rule Quiet Zone. Train horns have not been routinely 
sounded by trains approaching Hubbards Lane crossing for more than 30 
years and therefore meets the definition of a Pre-Rule Quiet Zone in 49 
CFR 222.9. However, due to either a clerical or administrative error, 
this crossing was never included in the City's Pre-Rule Quiet Zone or 
in a separate Pre-Rule Quiet Zone. A SSM consisting of gates with a 
non-traversable curb median will be installed by September 15, 2010. 
The City states that its calculation indicates that the addition of 
Hubbards Lane with its SSM, results in a Quiet Zone Risk Index (QZRI) 
for the 6 crossing quiet zones (the 5 existing crossings in the City's 
Pre-Rule Quiet Zone plus Hubbards Lane) that would be less than the 
Risk Index With Horns (RIWH). Even though this would enable the Pre-
Rule Quiet Zone to be established without the planned installation of 
the four-quadrant gate system at Chenoweth, the City is committed to 
its installation. The City, CSX and Richlawn request that the pre-
existing restrictions on the routine sounding of the train horn by 
trains that are approaching the public crossings on the CSX rail line 
from Chenoweth Lane to Hubbards Lane be re-instated.
    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-
2010-0135) 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 30 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 30, 2010.
Robert C. Lauby,
Deputy Associate Administrator for Regulatory and Legislative 
Operations.
[FR Doc. 2010-22005 Filed 9-2-10; 8:45 am]
BILLING CODE 4910-06-P

