[Federal Register: July 29, 2008 (Volume 73, Number 146)]
[Notices]
[Page 43975-43976]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr29jy08-100]
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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 Waukesha, Wisconsin
[Waiver Petition Docket Number FRA-2008-0067]
The City of Waukesha, Wisconsin (City) seeks a permanent waiver of
compliance from certain provisions of 49 CFR part 222, which pertain to
the establishment of Pre-Rule Quiet Zones. 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 to
extend: (1) the mailing date for a Notice of Intent as provided in 49
CFR 222.41(c)(2)(i)(A) that states that the Notice of Intent must be
mailed by February 24, 2008, and (2) the filing date for a Detailed
Plan as provided in 49 CFR 222.41(c)(2)(i)(B) that states that the
detailed plan must be filed with FRA by June 24, 2008. The waiver
petition also requests that the City be allowed to resubmit its Notice
of Intent that was originally filed on March 4, 2008, in order to
correct data errors in its original submission.
The City states that it made an honest attempt to prepare the
Notice of Intent which was mailed on March 4, 2008. However, after a
diagnostic meeting was held on May 8, 2008, it was discovered that the
Notice of Intent contained a number of errors and the calculation of
risk levels should be revised. The City has now retained a consultant
with national quiet zone experience and requests the time extension in
order to prepare an updated Notice of Intent which will accurately
present risk levels so correct treatments can be planned to protect
public safety.
The City seeks the waiver in order to continue the restrictions on
routine sounding of locomotive horns along the current Main Line Quiet
Zone (from Moreland Boulevard, MP 98.59 to Sunset Drive, MP 95.94). The
City included a letter from the Wisconsin Central Ltd. Railroad (WCL)
dated May 15, 2008, indicating the railroad's
[[Page 43976]]
support of the waiver petition to extend the deadlines for filing a
Notice of Intent and providing a Detailed Plan. However, subsequent
correspondence from WCL dated June 23, 2008, indicates that WCL has
withdrawn its support for the City's waiver petition, based upon the
failure of the City and WCL to come to agreement on the terms of the
public safety enhancements for the affected highway-rail grade
crossings.
Interested parties are invited to participate in these proceedings
by submitting written views, data, or comments. In particular, the City
is invited to provide additional written information about the steps
that it has taken to reach agreement with WCL on the City's request to
extend the deadlines contained in 49 CFR 222.41(c)(2), as well as a
written explanation as to why application of the joint submission
requirement contained in 49 CFR 222.15(a) would not be likely to
contribute significantly to public safety.
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-
2008-0067) 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 20 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 July 23, 2008.
Grady C. Cothen, Jr.,
Deputy Associate Administrator for Safety Standards and Program
Development.
[FR Doc. E8-17394 Filed 7-28-08; 8:45 am]
BILLING CODE 4910-06-P