Petition for Waiver of Compliance, 54223-54224 [2010-22005]
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Federal Register / Vol. 75, No. 171 / Friday, September 3, 2010 / Notices
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 August 30,
2010.
Robert C. Lauby,
Deputy Associate Administrator for
Regulatory and Legislative Operations.
[FR Doc. 2010–22004 Filed 9–2–10; 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) 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.
srobinson on DSKHWCL6B1PROD with NOTICES
Union Pacific Railroad Company
(Waiver Petition Docket Number FRA–
2010–0125)
The Union Pacific Railroad Company
(UP) seeks a waiver of compliance with
certain requirements of 49 CFR Part
232—Brake System Safety Standards for
Freight and Other Non-Passenger Trains
and Equipment; End-of Train Devices,
CFR Part 229—Railroad Locomotive
Safety Standards, and CFR Part 215—
Railroad Freight Car Safety Standards.
Specifically, UP seeks relief to permit
trains received at the U.S./Mexico
border at El Paso, Texas, from the
Ferrocarriles Nacionales de Mexico
(FXE) to move from the interchange
point without performing the regulatory
tests and inspections specified in Part
215, § 229.21, and § 232.205(a)(1), at
that location.
UP proposes moving the trains from
the FXE interchange point at the
International Yard on the Lordsburg
subdivision to the UP’s Dallas St. yard,
a distance of 2.8 miles, without the need
to comply with the requirements of
those parts of the CFR as noted above.
A Class III brake test under § 232.211
would be performed prior to departing
the International Yard.
Interested parties are invited to
participate in these proceedings by
VerDate Mar<15>2010
15:33 Sep 02, 2010
Jkt 220001
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–
0125) 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
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 August 30,
2010.
Robert C. Lauby,
Deputy Associate Administrator for
Regulatory and Legislative Operations.
[FR Doc. 2010–22003 Filed 9–2–10; 8:45 am]
BILLING CODE 4910–06–P
PO 00000
Frm 00140
Fmt 4703
Sfmt 4703
54223
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, LouisvilleCincinnati 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 fourquadrant gates. One of the SSMs has
been installed (gates and nontraversable 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.
E:\FR\FM\03SEN1.SGM
03SEN1
srobinson on DSKHWCL6B1PROD with NOTICES
54224
Federal Register / Vol. 75, No. 171 / Friday, September 3, 2010 / Notices
The City notes that there is a preexisting Alternative Safety Measure
(ASM) consisting of an 80-foot nontraversable 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 fourquadrant 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 prerule 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
VerDate Mar<15>2010
15:33 Sep 02, 2010
Jkt 220001
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 PreRule 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 PreRule 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: 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.
PO 00000
Frm 00141
Fmt 4703
Sfmt 4703
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
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
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
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
Public Notice for Waiver of
Aeronautical Land-use Assurance
Williamson County Regional Airport,
Marion, IL
Federal Aviation
Administration, DOT.
ACTION: Notice of intent of waiver with
respect to land.
AGENCY:
The Federal Aviation
Administration (FAA) is giving notice
that the Illinois Department of
Transportation, Division of Highways, is
requesting a portion of the airport (3.349
acres, a portion of Area A and Tract 13)
as ‘‘right-of-way’’ for the improvement
along Route 13 and at the intersection
of Route 13 and Route 148. The abovementioned land is not needed for
aeronautical use, as shown on the
Airport Layout Plan. There are no
impacts to the airport by allowing the
airport to dispose of the property. Area
A was purchased without federal funds
in 1946 and Tract 13 was purchased in
1957 through Grant 9–11–0066105. In
accordance with section 47107(h) of
SUMMARY:
E:\FR\FM\03SEN1.SGM
03SEN1
]]>Agencies
[Federal Register Volume 75, Number 171 (Friday, September 3, 2010)]
[Notices]
[Pages 54223-54224]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-22005]
-----------------------------------------------------------------------
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: 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 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 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 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
