
[Federal Register Volume 78, Number 68 (Tuesday, April 9, 2013)]
[Notices]
[Pages 21187-21188]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-08250]


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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket Number FRA-2013-0021]


Petition for Waiver of Compliance

    In accordance with Part 211 of Title 49 Code of Federal Regulations 
(CFR), this document provides the public notice that by a document 
dated January 11, 2013, the City of Superior, Wisconsin (City) has 
petitioned the Federal Railroad Administration (FRA) for a waiver of 
compliance from certain provisions of the Federal railroad safety 
regulations contained at 49 CFR part 222, Use of Locomotive Horns at 
Public Highway-Rail Grade Crossings, for the highway-rail grade 
crossing at 28th Street (DOT 061459A) in Superior, WI. FRA 
assigned the petition Docket Number FRA-2013-0021.
    The City seeks a waiver of compliance from the requirement of 49 
CFR 222.41(c)(3), which provides that locomotive horn restrictions may 
continue until June 24, 2013, for a pre-rule quiet zone that was not 
able to be established by automatic approval, had been continued under 
the provisions of 49 CFR 222.31(c)(1) and 222.31(c)(2), and the State 
agency had provided a comprehensive statewide implementation plan. 
Specifically, the City requests that it be granted permission to retain 
its present locomotive horn restriction as trains approach the public 
highway-rail grade crossing at 28th Street. The City states that it has 
retained the services of a consultant with quiet zone experience and 
credentials and is prepared to move forward with the quiet zone 
continuation process.
    A copy of the petition, as well as any written communications 
concerning the petition, is available for review online at 
www.regulations.gov and in person at the U.S. Department of 
Transportation's Docket Operations Facility, 1200 New Jersey Avenue 
SE., W12-140, Washington, DC 20590. The Docket Operations Facility is 
open from 9 a.m. to 5 p.m., Monday through Friday, except Federal 
Holidays.
    Interested parties are invited to participate in these proceedings 
by

[[Page 21188]]

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, 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 by May 24, 2013 will be considered by FRA 
before final action is taken. Comments received after that date will be 
considered as far as is practicable.
    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 document, 
if submitted on behalf of an association, business, labor union, etc.). 
See http://www.regulations.gov/#!privacyNotice for the privacy notice 
of regulations.gov or interested parties may review DOT's complete 
Privacy Act Statement in the Federal Register published on April 11, 
2000 (65 FR 19477).

    Issued in Washington, DC, on April 3, 2013.
Robert C. Lauby,
Deputy Associate Administrator for Regulatory and Legislative 
Operations.
[FR Doc. 2013-08250 Filed 4-8-13; 8:45 am]
BILLING CODE 4910-06-P


