[Federal Register Volume 78, Number 68 (Tuesday, April 9, 2013)]
[Notices]
[Page 21188]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-08252]


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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket Number FRA-2013-0024]


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 6, 2013, BNSF Railway Company (BNSF) 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, Grade Crossing Safety, Including Signal Systems, 
State Action Plans, and Emergency Notification Systems. FRA assigned 
the petition Docket Number FRA-2013-0024.
    BNSF seeks a waiver from the requirements of 49 CFR 234.106, 
Partial activation, at highway-rail grade crossings that are equipped 
with four-quadrant gates and automated horn system (AHS) equipment 
throughout its rail network. Specifically, BNSF seeks FRA's approval to 
operate AHS equipment at four-quadrant gate installations in the event 
that the exit gates fail to lower to the horizontal position, in lieu 
of the alternative methods of protection listed in 49 CFR part 234, 
Appendix B.
    BNSF requests this waiver of compliance as a method to minimize 
operational impacts caused by the malfunction or extended outage of 
vehicle presence detection systems, both of which are often wholly 
outside of its control. Typically, maintenance responsibilities for in-
pavement inductive-loop detectors lie with the applicable road 
authority, not BNSF. Additionally, BNSF believes that with respect to 
exit gates not impacted by State design parameters that require such 
gates to remain in the vertical position upon failure of the vehicle 
presence detection system, granting this waiver will similarly minimize 
operational impacts on BNSF caused by exit gate malfunctions.
    In its petition, BNSF submits that granting the waiver will improve 
safety. It maintains that the safety of the traveling public will be 
enhanced by allowing for the use of AHS equipment, which provides a 
recognized warning (an audible horn) that is superior to a crew member, 
flagman, or police officer present at a crossing. Moreover, BNSF 
asserts that the requested relief will allow trains to operate through 
the affected crossings at normal operating speeds, thereby minimizing 
the length of time that trains obstruct such highway-rail grade 
crossings. BNSF concludes that, if FRA were to grant the subject 
waiver, delays to the traveling public would also be reduced.
    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 May 24, 2013 will be considered by FRA 
before final action is taken. Comments received after that date will be 
considered as far as is 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 document, 
if submitted on behalf of an association, business, labor union, etc.). 
See http://www.regulations.gov/#!privacyNotice for the privacy notice 
of regulations.gov or interested parties may review DOT's complete 
Privacy Act Statement in the Federal Register published on April 11, 
2000 (65 FR 19477).

    Issued in Washington, DC, on April 3, 2013.
Robert C. Lauby,
Deputy Associate Administrator for Regulatory and Legislative 
Operations.
[FR Doc. 2013-08252 Filed 4-8-13; 8:45 am]
BILLING CODE 4910-06-P