[Federal Register Volume 77, Number 222 (Friday, November 16, 2012)]
[Pages 68883-68884]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-27858]



Federal Railroad Administration

[Docket Number FRA-2012-0074]

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 August 14, 2012, the City of Oshkosh, WI (the City), 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 222-Use of Locomotive Horns at 
Public Highway-Rail Grade Crossings. FRA assigned the petition Docket 
Number FRA-2012-0074.
    The City is seeking a waiver from the provisions of 49 CFR Section 
222.9-Definitions regarding the definition of a non-traversable curb. 
The City is seeking relief so that an existing safety measure at public 
crossing, County Highway Y (DOT 690219D), may be deemed an 
acceptable supplemental safety measure (SSM). County Highway Y is 
equipped with flashing lights, gates, and medians that comply with all 
of the requirements necessary to be a ``gates with medians or 

[[Page 68884]]

devices'' SSM with non-traversable curbs, except for the fact that the 
posted highway speed limit is 45 mph instead of 40 mph as required in 
the definition.
    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 
     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 
     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 December 31, 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 November 8, 2012.
Brenda Moscoso,
Director, Office of Safety Analysis.
[FR Doc. 2012-27858 Filed 11-15-12; 8:45 am]