[Federal Register Volume 78, Number 100 (Thursday, May 23, 2013)]
[Notices]
[Page 30956]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-12352]


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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket Number FRA-2013-0039]


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 documents dated 
April 2, 2013, and April 24, 2013, the City of Burlington, WI (City), 
and Wisconsin Central Ltd. (WCL) have jointly 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 222, Use of Locomotive Horns at Public Highway-Rail Grade 
Crossings. FRA assigned the petition Docket Number FRA-2013-0039.
    The City and CL (jointly referred to as Petitioners) seek a waiver 
from the requirements of 49 CFR 222.41(c)(2)(i)(B), which provides that 
a detailed plan for quiet zone improvements must be filed with FRA by 
June 24, 2008, in order to continue existing locomotive horn 
restrictions. The Petitioners also seek a waiver from the requirements 
of 49 CFR 222.41(c)(3), which provides that locomotive horn 
restrictions may continue until June 24, 2013, for a pre-rule quiet 
zone that was not able to be established by automatic approval, had 
been continued under the provisions of 49 CFR 222.31(c)(1) and 49 CFR 
222.31(c)(2), and for which the State agency had provided a 
comprehensive statewide implementation plan. Specifically, the 
Petitioners request that the City be granted permission to correct the 
detailed plan that FRA has on file. The Petitioners also wish to retain 
the present locomotive horn restriction as trains approach the public 
highway-rail grade crossings at Roberts Street (DOT 689851C), 
Adams Street (DOT 689853R), Jefferson Street (DOT 
689854X), Milwaukee Avenue (DOT 689857T), and 
Chestnut Street (DOT 689856L) until June 24, 2015.
    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: 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 July 8, 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 May 20, 2013.
Robert C. Lauby,
Deputy Associate Administrator for Regulatory and Legislative 
Operations.
[FR Doc. 2013-12352 Filed 5-22-13; 8:45 am]
BILLING CODE 4910-06-P