[Federal Register Volume 67, Number 2 (Thursday, January 3, 2002)]
[Notices]
[Pages 385-386]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-58]


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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration


Petitions for Waivers of Compliance

    In accordance with Title 49 Code of Federal Regulations (CFR) 
Sec. 211.41, and 49 U.S.C. 20103, notice is hereby given that the 
Federal Railroad Administration (FRA) has received a request for wavier 
of compliance with certain requirements of the Federal railroad safety 
regulations. The individual petition is described below, including the 
party seeking relief, the regulatory provisions involved, and the 
nature of the relief being sought.

New York State Department of Transportation

[Docket Number FRA-2001-11233]

    The New York State Department of Transportation (NYSDOT), with the 
cooperation and input of CSX Transportation, Inc. (CSX) and the 
National Railroad Passenger Corp. (Amtrak) seeks a permanent waiver of 
compliance from CFR Title 49 Sec. 213.347--Automotive or railroad 
crossings at grade.
    NYSDOT seeks approval to operate passenger trains at Class 7 speeds 
through highway rail grade crossings on the Empire State High Speed 
Corridor between New York City, New York and Schenectady, New York by 
implementing a Grade Crossing Risk Mitigation Plan. Specifically, CFR 
Title 49 Sec. 213.347(b)(1) requires railroads to submit to FRA for 
approval a warning/barrier system. NYSDOT believes that present systems 
for prevent vehicles from entering the right of way are not yet 
reliable enough to prevent vehicles from entering the right of way to 
protect motorist and rail passenger safety. Accordingly, NYSDOT desires 
to address safety concerns at highway rail grade crossings by 
implementing a Five Year Hazard Mitigation Action Plan with highway 
railroad grade crossing improvement, elimination, and closing projects 
that will substantially reduce estimated risks.
    Since FRA has not yet concluded its investigation of the ``Empire 
State High Speed Corridor Grade Crossing Mitigation Plan and Request 
for Waiver to Operate in Revenue Service at Speeds Over 100 MPH,'' the 
agency takes no position at this time on the merits of the stated 
justifications of the NYSDOT.
    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 (e.g., Waiver Petition Docket Number FRA-
2001-11233) and must be submitted to the Docket Clerk, DOT Central 
Docket Management Facility, Room PL-401 (Plaza level) 400 Seventh 
Street, SW., Washington, DC 20590. Communications received within 30 
days of the date of this notice will be considered by FRA before final 
action is

[[Page 386]]

taken. Comments received after that date will be considered as far as 
practicable. All written communications concerning this proceeding are 
available for examination during regular business hours (9 a.m.-5 p.m.) 
at the above facility. All documents in the public docket are also 
available for inspection and copying on the Internet at the docket 
facility's Web site at http://dms.dot.gov.

    Issued in Washington, DC, December 28, 2001.
Edward W. Pritchard,
Acting Director, Office of Safety Assurance and Compliance.
[FR Doc. 02-58 Filed 1-2-02; 8:45 am]
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