Notice of Application for Approval of Discontinuance or Modification of a Railroad Signal System, 82137-82138 [2010-32850]
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Federal Register / Vol. 75, No. 249 / Wednesday, December 29, 2010 / Notices
Background
The NSRT is an average of the risk
indexes for gated public crossings
nationwide where train horns are
routinely sounded. FRA developed this
Applying the fatality rate and injury rate
to the probable number of fatalities and
casualties predicted to occur at each of
the 41,326 identified crossings and the
predicted cost of the associated injuries
and fatalities, FRA calculates the NSRT
to be 14,007.
Issued in Washington, DC, on December
22, 2010.
Jo Strang,
Associate Administrator for Railroad Safety/
Chief Safety Officer.
[FR Doc. 2010–32778 Filed 12–28–10; 8:45 am]
BILLING CODE 4910–06–P
DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
srobinson on DSKHWCL6B1PROD with NOTICES
Notice of Application for Approval of
Discontinuance or Modification of a
Railroad Signal System
Pursuant to Title 49 Code of Federal
Regulations (CFR) Part 235 and 49
U.S.C. 20502(a), the following railroad
has petitioned the Federal Railroad
Administration (FRA) seeking approval
for the discontinuance or modification
of a signal system, as detailed below.
Docket Number FRA–2010–0175
Applicant: Elgin, Joliet and Eastern
Railway Company, Mr. Timothy
Luhm, Manager S&C, 17641 South
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02:30 Dec 29, 2010
Jkt 223001
risk index to serve as one threshold of
permissible risk for quiet zones
established under this rule across the
nation. Thus, a community that is trying
to establish and/or maintain its quiet
zone, pursuant to 49 CFR part 222, can
compare the Quiet Zone Risk Index
calculated for its specific crossing
corridor to the NSRT to determine
whether sufficient measures have been
taken to compensate for the excess risk
that results from prohibiting routine
sounding of the locomotive horn. (In the
alternative, a community can establish
its quiet zone in comparison to the Risk
Index With Horns, which is a corridorspecific measure of risk to the motoring
public when locomotive horns are
routinely sounded at every public
highway-rail grade crossing within the
quiet zone.)
In 2006, when the final rule titled,
‘‘Use of Locomotive Horns at HighwayRail Grade Crossings,’’ was amended,
the NSRT was 17,030 (71 FR 47614,
August 17, 2006). In 2007, FRA
recalculated the NSRT to be 19,047 (72
FR 14850, March 29, 2007). In 2008,
FRA recalculated the NSRT to be 17,610
(73 FR 30661, May 28, 2008). In 2009,
FRA recalculated the NSRT to be 18,775
(74 FR 45270, September 1, 2009).
Ashland Avenue, Homewood, IL
60430.
The Elgin, Joliet and Eastern Railway
Company (EJ&E) seeks approval of the
proposed discontinuance of the traffic
control system (TCS) on the Chicago
Division near Gary, Indiana. The
proposed discontinuance is from control
point (CP) Kirk Yard Junction to, but not
including, CP Stockton 2 on the
Matteson Subdivision Main 1 and Main
2; and from CP Kirk Yard Junction to,
but not including, Stockton 1 on the
Lake Front Subdivision Main Track.
The discontinuance consist of the
removal of the TCS on Main Track 1 and
2 between milepost (MP) 44.44 and MP
45.41 on the Chicago Division, Matteson
Subdivision, and Main Track also
known as the Lake Front Line between
MP 11.19 and MP 12.10 on the Chicago
Division, Lakefront Subdivision, as well
as all tracks contained with CP Kirk
Yard Junction between MP 45.41 and
MP 45.66 on the Chicago Division,
Matteson Subdivision.
The reason given for the proposed
change is that the TCS impedes train
operation on these tracks due to the
congestion in the area from the Kirk
Yard operations. There are plans in
place to change track and switch
arrangements in this area to facilitate
future operations at Kirk Yard.
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–
1075) and may be submitted by any of
the following methods:
• Web site: https://
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
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New NSRT
Using collision data from 2005 to
2009, FRA has recalculated the NSRT
based on formulas identified in
Appendix D to 49 CFR Part 222. In
making this recalculation, FRA noted
that the total number of gated, nonwhistle-ban crossings was 41,326.
E:\FR\FM\29DEN1.SGM
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NSRT, which has fallen from 18,775 to
14,007.
DATES: The effective date is December
29, 2010.
FOR FURTHER INFORMATION CONTACT: Mr.
Ronald Ries, Office of Railroad Safety,
FRA, 1200 New Jersey Avenue, SE.,
Washington, DC 20590, (202) 493–6299,
or Ronald.Ries@dot.gov; or Kathryn
Shelton, Office of Chief Counsel, FRA,
1200 New Jersey Avenue, SE.,
Washington, DC 20590, (202) 493–6038,
or Kathryn.Shelton@dot.gov.
SUPPLEMENTARY INFORMATION:
82137
82138
Federal Register / Vol. 75, No. 249 / Wednesday, December 29, 2010 / Notices
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
https://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
https://www.dot.gov/privacy.html.
Issued in Washington, DC on December 23,
2010.
Robert C. Lauby,
Deputy Associate Administrator for
Regulatory and Legislative Operations.
[FR Doc. 2010–32850 Filed 12–28–10; 8:45 am]
BILLING CODE 4910–06–P
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 Vancouver, Washington
srobinson on DSKHWCL6B1PROD with NOTICES
[Waiver Petition Docket Number FRA–2010–
0170]
The City of Vancouver, WA (City),
seeks a permanent waiver of compliance
from a certain provision of 49 CFR part
222, Use of Locomotive Horns at
Highway-Rail Grade Crossings. The City
intends to establish a New Quiet Zone
under the provisions of 49 CFR 222.39.
Specifically, the City is seeking a waiver
from the provisions of 49 CFR
222.25(b)(1), which discusses the
treatment of private highway-rail grade
crossings located in New Quiet Zones
that allow access to the public or to
active industrial or commercial sites, so
that a private crossing that provides
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02:10 Dec 29, 2010
Jkt 223001
access to three homes (one of which
includes an office for the provision of
professional counseling services) does
not have to be treated in accordance
with the recommendations of a
diagnostic team.
Title 49 CFR 222.25(b)(1) reads as
follows: ‘‘Private highway-rail grade
crossings that are located in New Quiet
Zones or New Partial Quiet Zones and
allow access to the public, or which
provide access to active industrial or
commercial sites must be evaluated by
a diagnostic team and equipped or
treated in accordance with the
recommendations of such diagnostic
team.’’
The City is in the process of
establishing a New Quiet Zone along the
BNSF Railway’s (BNSF) Northwest
Division, Fallbridge Subdivision, which
would extend from approximately
Milepost (MP) 17.82 to MP 19.63. The
New Quiet Zone will consist of three
public at-grade crossings: SE 139th
Avenue (DOT #090090W), SE 147th
Avenue (DOT #090092K) and SE 164th
Avenue (DOT #090093S). (Note: The
City’s waiver petition erroneously
provides the number as DOT #090094Y,
which is a private highway-rail grade
crossing that is not included in the
proposed quiet zone). The New Quiet
Zone also will include in the waiver a
private highway-rail grade crossing,
referred to as SE 144th Avenue (DOT
#090091D) due to its close proximity to
SE 144th Avenue, even though the
crossing in question is not a public
highway-rail grade crossing. This
private highway-rail grade crossing is
located between the SE 139th Avenue
and SE 147th Avenue public highwayrail grade crossings. The City believes
that FRA did not have complete and
accurate information regarding the
nature and use of this private crossing
and therefore was not able to evaluate
all pertinent factors and information
when it determined that the private
crossing allowed access to the public.
The City seeks a waiver of FRA’s
determination that the private crossing
at SE 144th Avenue allows access to the
public due to a resident’s possession of
a Home Occupation Permit under
Vancouver Municipal Code Chapter
20.860. If FRA does not change its
determination, the City seeks a waiver
from complying with the provisions of
49 CFR 222.25(b)(1) so that the private
crossing does not have to be treated in
accordance with the recommendation of
the diagnostic team.
The City provides several reasons
why the private crossing at SE 144th
Avenue does not meet the intent of 49
CFR 222.25(b)(1) and should be treated
as a private crossing without public
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Frm 00174
Fmt 4703
Sfmt 4703
access. First, it states that the crossing
does not allow access to the general
public as the crossing has signs stating:
‘‘PRIVATE RR CROSSING. NO
TRESPASSING. RIGHT TO PASS BY
PERMISSION SUBJECT TO CONTROL
OF OWNER THE BNSF RWY CO.’’ Only
homeowners or invitees of the
homeowners are given permission to
cross. ‘‘Invitees’’ would be either invited
guests or invited counseling patients.
Access allowed under the Home
Occupation Permit is solely for the
provision of professional counseling
services by appointment at the
invitation of the home owner providing
those services at their residence. In
addition, that permit limits the
maximum number of vehicle trips
(customer, employee, and delivery
vehicles) to an aggregate total of not
more than six per day.
Secondly, the City notes that a
counseling patient’s visit is arranged by
appointment so that there would be no
random arrival of patients. Members of
the general public, without an invitation
and without an appointment, are not
allowed. The counseling patient is
passing with the expressed permission
of the owner. They are not uninvited
random members of the public. From a
safety standpoint, there is no material
difference between clients invited to the
counselor’s residence and social guests
invited to any residence. The use of this
private crossing is minimal and highly
restrictive. It is completely different
than having a park on the other side of
the crossing, a beach open to the general
public, or a bait shop or similar open
commercial establishment where
uninvited members of the general public
would have a reason to visit and
traverse the crossing. The City believes
these are examples of the types of
situations that were intended to be
covered under 49 CFR 222.25(b)(1), not
the situation that exists at the SE 144th
Avenue private crossing.
Thirdly, the City states that the
volume of traffic on this private crossing
is not significant by FRA highway-rail
grade crossing standards. The volume of
traffic has been measured on the private
roadway and is less than the number of
trips normally expected to be generated
by the three homes that it services. It
was measured at 20 vehicles per day
and the Institute for Transportation
Engineers Trip Generation Handbook
estimates three homes should produce
30 vehicle trips per day. The number of
invited counseling patients and related
traffic is also limited under the Home
Occupation Permit, referenced above, to
no more than 6 trips per day total.
The City convened two diagnostic
team meetings in order to evaluate the
E:\FR\FM\29DEN1.SGM
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]]>Agencies
[Federal Register Volume 75, Number 249 (Wednesday, December 29, 2010)]
[Notices]
[Pages 82137-82138]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-32850]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
Notice of Application for Approval of Discontinuance or
Modification of a Railroad Signal System
Pursuant to Title 49 Code of Federal Regulations (CFR) Part 235 and
49 U.S.C. 20502(a), the following railroad has petitioned the Federal
Railroad Administration (FRA) seeking approval for the discontinuance
or modification of a signal system, as detailed below.
Docket Number FRA-2010-0175
Applicant: Elgin, Joliet and Eastern Railway Company, Mr. Timothy Luhm,
Manager S&C, 17641 South Ashland Avenue, Homewood, IL 60430.
The Elgin, Joliet and Eastern Railway Company (EJ&E) seeks approval
of the proposed discontinuance of the traffic control system (TCS) on
the Chicago Division near Gary, Indiana. The proposed discontinuance is
from control point (CP) Kirk Yard Junction to, but not including, CP
Stockton 2 on the Matteson Subdivision Main 1 and Main 2; and from CP
Kirk Yard Junction to, but not including, Stockton 1 on the Lake Front
Subdivision Main Track.
The discontinuance consist of the removal of the TCS on Main Track
1 and 2 between milepost (MP) 44.44 and MP 45.41 on the Chicago
Division, Matteson Subdivision, and Main Track also known as the Lake
Front Line between MP 11.19 and MP 12.10 on the Chicago Division,
Lakefront Subdivision, as well as all tracks contained with CP Kirk
Yard Junction between MP 45.41 and MP 45.66 on the Chicago Division,
Matteson Subdivision.
The reason given for the proposed change is that the TCS impedes
train operation on these tracks due to the congestion in the area from
the Kirk Yard operations. There are plans in place to change track and
switch arrangements in this area to facilitate future operations at
Kirk Yard.
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-
2010-1075) and may be submitted by any of the following methods:
Web site: https://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
[[Page 82138]]
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 https://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 https://www.dot.gov/privacy.html.
Issued in Washington, DC on December 23, 2010.
Robert C. Lauby,
Deputy Associate Administrator for Regulatory and Legislative
Operations.
[FR Doc. 2010-32850 Filed 12-28-10; 8:45 am]
BILLING CODE 4910-06-P
