Petition for Waiver of Compliance, 9993 [2021-03075]

Agencies

• Federal Railroad Administration
• DEPARTMENT OF TRANSPORTATION

[Federal Register Volume 86, Number 30 (Wednesday, February 17, 2021)]
[Notices]
[Page 9993]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-03075]


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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 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 Sec.  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: https://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]
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