Petition for Waiver of Compliance, 69923 [2012-28348]

Agencies

• Federal Railroad Administration
• DEPARTMENT OF TRANSPORTATION

[Federal Register Volume 77, Number 225 (Wednesday, November 21, 2012)]
[Notices]
[Page 69923]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-28348]


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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket Number FRA-2012-0071]


Petition for Waiver of Compliance

    In accordance with Part 211 of Title 49 Code of Federal Regulations 
(CFR), this document provides the public notice that by a document 
dated September 4, 2012, Capital Metropolitan Transportation Authority 
(CMTY) has petitioned the Federal Railroad Administration (FRA) for a 
waiver of compliance from certain provisions of the Federal railroad 
safety regulations at 49 CFR part 222. FRA assigned the petition Docket 
Number FRA-2012-0071.
    CMTY, with the support of the City of Austin, TX, is seeking a 
waiver from the requirements of 49 CFR 222.21(a) that require CMTY 
trains to sound their locomotive horn in a specific manner (two long, 
one short, and one long blast) as they approach and enter public 
highway-rail grade crossings. Specifically, CMTY requests that it is 
granted permission to sound the engine bell in lieu of the horn as 
trains approach the public highway-rail grade crossing at Red River 
Street (USDOT 765738S). The grade crossing in question is a 
single-track grade crossing located within yard limits on CMTY. The 
petition letter indicates that from March 2010 to June 7, 2012, CMTY 
has operated over 16,000 trains through the Red River intersection 
without any reported incidents involving trains, pedestrians, or 
automobiles. CMTY states that it is requesting this waiver to provide 
noise relief to downtown residents, convention center visitors, the 
adjacent hotel, and downtown businesses, while maintaining the safety 
of an audible warning by ringing the bell.
    A copy of the petition, as well as any written communications 
concerning the petition, is available for review online at 
www.regulations.gov and in person at the U.S. Department of 
Transportation's (DOT) Docket Operations Facility, 1200 New Jersey Ave. 
SE., W12-140, Washington, DC 20590. The Docket Operations Facility is 
open from 9 a.m. to 5 p.m., Monday through Friday, except Federal 
Holidays.
    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 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 by January 7, 2013 will be considered by 
FRA before final action is taken. Comments received after that date 
will be considered as far as practicable.
    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), or online at https://www.dot.gov/privacy.html.

    Issued in Washington, DC, on November 15, 2012.
Robert C. Lauby,
Deputy Associate Administrator for Regulatory and Legislative 
Operations.
[FR Doc. 2012-28348 Filed 11-20-12; 8:45 am]
BILLING CODE 4910-06-P