Petition for Waiver of Compliance
| Published date | 26 May 2020 |
| Citation | 85 FR 31587 |
| Record Number | 2020-11142 |
| Section | Notices |
| Court | Federal Railroad Administration,Transportation Department |
Federal Register, Volume 85 Issue 101 (Tuesday, May 26, 2020)
[Federal Register Volume 85, Number 101 (Tuesday, May 26, 2020)]
[Notices]
[Page 31587]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-11142]
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DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
[Docket Number FRA-2020-0038]
Petition for Waiver of Compliance
Under part 211 of title 49 Code of Federal Regulations (CFR), this
document provides the public notice that on April 27, 2020, the City of
San Clemente, California, (the City), 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-2020-0038.
Specifically, the City seeks relief from the requirements of 49 CFR
222.59(a)(1), to allow 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. The City
also requests a waiver of certain provisions found in appendix E to 49
CFR part 222, 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 waiver are:
Dije Court--US DOT Number 922847D--MP 203.95--pedestrian--
3 PAWS
El Portal--US DOT Number 922848K--MP 204.04--pedestrian--2
PAWS
Corto Lane--US DOT Number 026977D--MP 204.56--pedestrian--
3 PAWS
Pier Service Road--US DOT Number 026997P--MP 204.73--
private--4 PAWS
T Street--US DOT Number 922849S--MP 205.16--pedestrian--3
PAWS
Lost Winds--US DOT Number 922850L--MP 205.56--pedestrian--
2 PAWS
Calafia--US DOT Number 026637S--MP 206.00--pedestrian--2
PAWS
On April 14, 2015, FRA granted the City regulatory relief from the
requirements of Sec. 222.59(a)(1), and part 222, appendix E, as
described above. See Docket Number FRA-2014-0081. The current petition
seeks a five-year extension of relief from these requirements, stating
that during the initial waiver period, the PAWS have performed as
intended to provide a localized audible warning to pedestrians, and
there have been no accidents at any of the seven crossings.
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 Ave.
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 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 by any of the following
methods:
Website: 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 Ave. SE, W12-140, Washington, DC 20590.
Hand Delivery: 1200 New Jersey Ave. SE, Room W12-140,
Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal Holidays.
Communications received by July 10, 2020 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/privacyNotice for the
privacy notice of regulations.gov.
Issued in Washington, DC.
John Karl Alexy,
Associate Administrator for Railroad Safety, Chief Safety Officer.
[FR Doc. 2020-11142 Filed 5-22-20; 8:45 am]
BILLING CODE 4910-06-P
