Petition for Extension of Waiver of Compliance

• Published date: 13 March 2024
• Record Number: 2024-05282
• Citation: 89 FR 18477
• Court: Federal Railroad Administration,Transportation Department
• Section: Notices

Federal Register, Volume 89 Issue 50 (Wednesday, March 13, 2024)

[Federal Register Volume 89, Number 50 (Wednesday, March 13, 2024)]
                [Notices]
                [Pages 18477-18478]
                From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
                [FR Doc No: 2024-05282]
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                DEPARTMENT OF TRANSPORTATION
                Federal Railroad Administration
                [Docket Number FRA-2020-0038]
                Petition for Extension of Waiver of Compliance
                 Under part 211 of title 49 Code of Federal Regulations (CFR), this
                document provides the public notice that on December 20, 2023, and
                February 29, 2024, the City of San Clemente, California, (the City) and
                the Southern California Regional Rail Authority (Metrolink) petitioned
                the Federal Railroad Administration (FRA) for an extension of a waiver
                of compliance from certain provisions of the Federal railroad safety
                regulations
                [[Page 18478]]
                contained at 49 CFR part 222 (Use of Locomotive Horns at Public
                Highway-Rail Grade Crossings). The relevant Docket Number is FRA-2020-
                0038.
                 Specifically, the City and Metrolink (Petitioners) jointly seek
                relief from the requirements of 49 CFR 222.59(a)(1), to continue use of
                a Pedestrian Audible Warning System (PAWS), which is similar to a
                wayside horn, when approaching seven highway-rail grade crossings,
                instead of a locomotive horn. Petitioners also request to extend relief
                from certain provisions of 49 CFR part 222, appendix E (Paragraphs 4
                and 6), to allow a minimum sound level of 80 dB(A) and direction of the
                PAWS. The seven crossings that are the subject of this request are:
                 Dije Court--USDOT Number 922847D--MP 203.95--pedestrian--3
                PAWS
                 El Portal--USDOT Number 922848K--MP 204.04--pedestrian--2 PAWS
                 Corto Lane--USDOT Number 026977D--MP 204.56--pedestrian--3
                PAWS
                 Pier Service Road--USDOT Number 026997P--MP 204.73--private--4
                PAWS
                 T Street--USDOT Number 922849S--MP 205.16--pedestrian--3 PAWS
                 Lost Winds--USDOT Number 922850L--MP 205.56--pedestrian--2
                PAWS
                 Calafia--USDOT Number 026637S--MP 206.00--pedestrian--2 PAWS
                 In support of its request, Petitioners submitted maintenance,
                communication, and malfunction/response plans for the PAWS.
                 In its February 26, 2024, addendum, Petitioners note their plans to
                augment the existing fencing system along ``the beach trail from Mile
                Post 203.71 . . . to Mile Post 206.00.'' They explain that the plan
                ``is in response to the current deficiency in fencing elevation along
                certain portions of the trail and is intended to improve the public
                safety of the area.''
                 A copy of the petition, as well as any written communications
                concerning the petition, is available for review online at
                www.regulations.gov.
                 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 parties
                desire an opportunity for oral comment and a public hearing, 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 at www.regulations.gov.
                Follow the online instructions for submitting comments.
                 Communications received by May 13, 2024 will be considered by FRA
                before final action is taken. Comments received after that date will be
                considered if practicable.
                 Anyone can 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.).
                Under 5 U.S.C. 553(c), DOT solicits comments from the public to better
                inform its processes. DOT posts these comments, without edit, including
                any personal information the commenter provides, to
                www.regulations.gov, as described in the system of records notice (DOT/
                ALL-14 FDMS), which can be reviewed at https://www.transportation.gov/privacy. See also https://www.regulations.gov/privacy-notice for the
                privacy notice of regulations.gov.
                 Issued in Washington, DC.
                John Karl Alexy,
                Associate Administrator for Railroad Safety, Chief Safety Officer.
                [FR Doc. 2024-05282 Filed 3-12-24; 8:45 am]
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