[Federal Register Volume 77, Number 91 (Thursday, May 10, 2012)]
[Notices]
[Page 27539]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-11337]


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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket Number FRA-2012-0020]


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 March 8, 2012, the Union Pacific Railroad (UP) has petitioned the 
Federal Railroad Administration (FRA) for a waiver of compliance from 
certain provisions of the Federal railroad safety regulations contained 
at 49 CFR Part 234. FRA assigned the petition Docket Number FRA-2012-
0020.
    UP seeks a waiver from the portion of 49 CFR Section 234.223, Gate 
arm. Section 234.223 requires that ``each gate arm shall start its 
downward motion not less than three seconds after flashing lights begin 
to operate * * *.''
    UP also requests that the normal position of the gate arm down and 
the flashing lights dark not be considered as an activation failure, 
partial activation, or a false activation under 49 CFR 234.5.
    This waiver petition is related to the Illinois high-speed 
passenger rail project on the route between Chicago, IL, and St. Louis, 
MO; on UP's Joliet and Springfield Subdivisions. This route is owned 
and maintained by UP. High-speed passenger operation will be conducted 
by the National Railroad Passenger Corporation (Amtrak) or another 
operator designated by the Illinois Department of Transportation 
(IDOT).
    At farm private crossings (also known as field access crossings), 
which are currently not protected by active warning devices, IDOT has 
requested UP install active warning devices that operate differently 
than standard active warning devices. Currently, there are 24 field 
access crossings proposed for the installation of the nonconventional 
crossing warning system.
    At the field access crossings involved, the normal operation would 
require the gate arms to be in the lowered position with no flashing 
lights activated. Upon the train's approach, the flashing lights and 
bells would then activate. To allow for the landowner to bring vehicles 
or farm equipment across the crossing, it would be necessary to unlock 
a pushbutton box and operate the pushbutton. The gate would then return 
to the upright position and operate as a conventional active warning 
system for either 8 hours, or if ``reset,'' via pushbutton within the 
box. If not manually reset to the gate arm down condition, at the end 
of 8 hours the gate arms would then return to the down position.
    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 
Avenue 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: http://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 June 25, 2012 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 http://www.dot.gov/privacy.html.

    Issued in Washington, DC, on May 7, 2012.
Ron Hynes,
Acting Deputy Associate Administrator for Regulatory and Legislative 
Operations.
[FR Doc. 2012-11337 Filed 5-9-12; 8:45 am]
BILLING CODE 4910-06-P