Notice of Application for Approval of Discontinuance or Modification of a Railroad Signal System, 82137-82138 [2010-32850]

Download as PDF 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 VerDate Mar<15>2010 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 PO 00000 Frm 00173 Fmt 4703 Sfmt 4703 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 29DEN1 EN29DE10.025</GPH> 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 VerDate Mar<15>2010 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 PO 00000 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 29DEN1

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]


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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