Petition for Waiver of Compliance, 61562 [2010-25006]

Agencies

• Federal Railroad Administration
• DEPARTMENT OF TRANSPORTATION

[Federal Register Volume 75, Number 192 (Tuesday, October 5, 2010)]
[Notices]
[Page 61562]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-25006]



[[Page 61562]]

-----------------------------------------------------------------------

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.

The Village of Richton Park, Illinois

[Waiver Petition Docket Number FRA-2010-0137]

    The Village of Richton Park, Illinois (Village), seeks a permanent 
waiver of compliance from a certain provision of the Use of Locomotive 
Horns at Highway-Rail Grade Crossings, 49 CFR part 222. The Village 
intends to establish a new quiet zone under the provisions of 49 CFR 
222.39. Specifically, the Village is seeking a waiver from the 
provisions of 49 CFR 222.9, definition of a non-traversable curb, so 
that a public crossing that will be equipped with flashing lights, 
gates and medians that complies with all of the requirements necessary 
to be a ``gates with medians'' supplemental safety measure (SSM) with 
non-traversable curbs, except for the fact that the posted highway 
speed limit is 45 miles per hour (mph) instead of 40 mph as required in 
the definition, be deemed an acceptable SSM.
    49 CFR 222.9, the definition of non-traversable curb, reads as 
follows, ``Non-traversable curb means a highway curb designed to 
discourage a motor vehicle from leaving the roadway. Non-traversable 
curbs are used at locations where highway speeds do not exceed 40 mph, 
and are at least six inches high. Additional design specifications are 
determined by the standard traffic design specifications used by the 
governmental entity constructing the curb.''
    The Village is in the process of establishing a new quiet zone 
along the Elgin, Joliet, and Eastern Railway's (EJE) Joliet Division, 
Eastern Subdivision, which would extend from approximately Milepost 
(MP) 17.82 to MP 20.31. The new quiet zone will consist of three public 
at-grade crossings: Ridgeland Avenue (DOT 260629R), Central 
Avenue (DOT 260630K), and Cicero Avenue (DOT 
260632Y). The Village seeks a waiver from the requirement that 
medians with non-traversable curbing may not be used where highway 
speeds exceed 40 mph. The Cicero Avenue grade crossing is equipped with 
standard flashing lights, gates and medians that are 330 feet in length 
north of the crossing, and 1,300 feet in length south of the crossing. 
The existing curbing on the medians meets the state requirements for 
non-traversable curb but not the requirements necessary to serve as a 
SSM. The Village intends to reconstruct the medians to meet the SSM 
requirement. The posted highway speed is 45 mph.
    The Village provides several reasons why the 5 mph difference in 
speed limit would not diminish the effectiveness of the SSM, and thus 
the waiver should be granted. First, the existing medians are much 
wider (12-foot) than the typical medians used for this application. The 
medians also exceed the nominal required length (100-foot), as they are 
330 feet and 1,300 feet in length. Secondly, the existing curbed median 
has not contributed to any prior incidents or accidents. No accidents 
have occurred at the crossing in over 20 years. Thirdly, the Illinois 
Department of Transportation (IDOT) was asked by the Village to review 
and lower the speed limit. IDOT conducted a speed assessment and 
determined that 45 mph is the appropriate, safe speed for Cicero 
Avenue. Fourthly, the median design to be used by the Village follows 
the IDOT standard, which allows curbed medians on highways with speed 
limits of 40 or 45 mph. The Village feels that this standard should be 
allowable under the clause ``Additional design specifications * * *'' 
in the definition.
    The Village's waiver petition submission included a letter from the 
Canadian National Railway Company (CN) supporting the approval of the 
Village's waiver petition. CN owns the EJE.
    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-
2010-0137) 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 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 September 28, 2010.
Robert C. Lauby,
Deputy Associate Administrator for Regulatory and Legislative 
Operations.
[FR Doc. 2010-25006 Filed 10-4-10; 8:45 am]
BILLING CODE 4910-06-P