2012-4967. Petition for Waiver of Compliance

In accordance with Part 211 of Title 49 of the Code of Federal Regulations (CFR), this document provides the public notice that by a document dated April 11, 2011, the City of Chandler, AZ, 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. FRA assigned the petition Docket Number FRA-2011-0036.

The City of Chandler is seeking a waiver from the provisions of 49 CFR Section 222.9 (specifically, the definition of a non-traversable curb) so that three existing public crossings (Ray Road (DOT #741579U), Pecos Road (DOT #741674P), and Germann Road (DOT #741676D)) can be deemed acceptable supplemental safety measures (SSM). The crossings, equipped with flashing lights, gates, and medians, comply with all requirements necessary to be “gates with medians or channelization devices” SSMs with non-traversable curbs; except that the posted highway speed limit is 45 mph instead of 40 mph as required in the definition.

The City of Chandler is also seeking a waiver from the provisions of 49 CFR Section 222.35(b)(1) so that the active grade crossing warning devices at Commonwealth Avenue (DOT #741672B) and Frye Road (DOT #741673H) are not required to be equipped with constant warning time devices for the siding track at the crossings.

A copy of the petition, as well as any written communications concerning the petition, is available for review online at http://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: [phone].
• 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 April 16, 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 February 17, 2012.

Ron Hynes,

Acting Deputy Associate Administrator for Regulatory and Legislative Operations.