[Federal Register Volume 71, Number 130 (Friday, July 7, 2006)]
[Notices]
[Page 38686]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-10645]


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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.

Town of Newbury, Massachusetts (Docket Number FRA-2006-25058)

    The Town of Newbury has petitioned on its own behalf for a 
temporary waiver of compliance from the requirements of the regulations 
governing Use of Locomotive Horns at Highway-Rail Grade Crossings (49 
CFR part 222), which generally require that the locomotive horn be 
sounded at each public crossing unless certain exceptions are met. The 
Town of Newbury has had in place an intermediate quiet zone and seeks 
relief from the following requirements of the regulations:
    1 Section 222.42, which limits the continuation of an intermediate 
quiet zone to one year ending June 24, 2006 and requires conversion of 
the intermediate quiet zone into a new quiet zone by that date; and
    2 Section 222.15, which requires joint submission of petitions for 
waiver of any requirement contained in 49 CFR part 222.
    The petition also, in effect, asks that the petitioner be treated 
as if qualified for a pre-rule quiet zone under Sec.  222.41(c), 
specifically with respect to the application of the 66.8% excess risk 
factor and the opportunity to take advantage of an 8-year continuation 
period within which to implement necessary quiet zone improvements. In 
support of this request, the petitioner asserts that there have been no 
relevant collisions in the prior 5-year period and that it has a quiet 
zone risk index of less than two times the Nationwide Significant Risk 
Threshold. The petition also notes that the petitioner has active grade 
crossing warning devices and advance warning signs at each grade 
crossing within the quiet zone.
    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-
2006-25058) and must be submitted to the Docket Clerk, DOT Central 
Docket Management Facility, Room PL-401, Washington, DC 20590-0001. 
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 http://dms.dot.gov.

    Issued in Washington, DC, on June 30, 2006.
Grady C. Cothen, Jr.,
Deputy Associate Administrator for Safety Standards and Program 
Development.
 [FR Doc. E6-10645 Filed 7-6-06; 8:45 am]
BILLING CODE 4910-06-P