[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