Petition for Waiver of Compliance

Published date17 February 2021
Citation86 FR 9993
Record Number2021-03075
SectionNotices
CourtFederal Railroad Administration,Transportation Department
9993
Federal Register / Vol. 86, No. 30 / Wednesday, February 17, 2021 / Notices
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 April 5,
2021 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. 2021–03076 Filed 2–16–21; 8:45 am]
BILLING CODE 4910–06–P
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 December 11, 2020, the City of
San Clemente, California, (the City) and
Southern California Regional Rail
Authority (Metrolink) 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 and Metrolink
jointly seek 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 and Metrolink regulatory relief
from the requirements of § 222.59(a)(1),
and part 222, appendix E, as described
above, for a five-year period. See Docket
Number FRA–2014–0081. By letter
dated April 27, 2020, the City sought a
five-year extension of the previously
granted relief, which FRA denied in a
letter dated November 24, 2020. FRA’s
letter noted the City’s late request, the
lack of a joint request with Metrolink as
required by 49 CFR 222.15, and
concerns regarding the operation of the
PAWS, the condition of the pedestrian
swing gates, and sediment buildup at
nearby fencing. See FRA–2020–0038–
0004.
The current joint petition seeks a five-
year extension of relief from the above-
stated requirements, and the City and
Metrolink have provided maintenance
and communication plans to support
their petition.
A copy of the petition, as well as any
written communications concerning the
petition, is available for review online at
www.regulations.gov. 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
(DOT), 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 March
19, 2021 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. 2021–03075 Filed 2–16–21; 8:45 am]
BILLING CODE 4910–06–P
DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
[Docket Number FRA–2021–0018]
Petition for Waiver of Compliance
Under part 211 of title 49 of the Code
of Federal Regulations (CFR), this
document provides the public notice
that on January 26, 2021, Norfolk
Southern Corporation (NS), 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 236, Rules, Standards, and
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