[Federal Register Volume 79, Number 176 (Thursday, September 11, 2014)]
[Notices]
[Pages 54345-54346]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-21613]


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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket Number FRA-2014-0081]


Petition for Waiver of Compliance

    In accordance with Part 211 of Title 49 Code of Federal Regulations 
(CFR), this document provides the public notice that by a document 
dated August 8, 2014, the City of San Clemente, CA, (City) 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, Use of Locomotive Horns at 
Public Highway-Rail Grade Crossings. FRA assigned the petition Docket 
Number FRA-2014-0081.
    The City is seeking a waiver from various requirements of 49 CFR 
part 222 in order to eliminate the routine sounding of locomotive horns 
by trains approaching six pedestrian crossings and one private highway-
rail grade crossing. The City proposes the use of a wayside horn in 
lieu of the locomotive horn to provide an audible warning at the 
crossings. The City's petition for a waiver proposes three options as a 
means to silence the routine sounding of the locomotive horn when a 
train approaches the pedestrian and private crossings.
     Option 1--Redefine the Length of a Quiet Zone. The City 
seeks a waiver from the requirement of 49 CFR 222.21(b)(3) that trains 
traveling in excess of 60 mph must not begin sounding the horn more 
than one-quarter mile in advance of the nearest public highway-rail 
grade crossing. The City requests a waiver that would change the 
distance from one-quarter mile to 2\1/2\ miles. This would allow the 
seven crossings to be included in the City's existing Federal quiet 
zone. Option 1 also requests that waivers be granted from the following 
regulations: 49 CFR 222.25(b)(1) and (2) so that an additional 
diagnostic team evaluation is not necessary at the private highway-rail 
crossing, 49 CFR 222.27(b) and (c) so that additional diagnostic team 
evaluations are not necessary at the six pedestrian crossings, 49 CFR 
222.43(a)(1) so that a Notice of Intent is not necessary, and 49 CFR 
222.39(b)(3) to allow a 20-day comment period instead of a 60-day 
comment period on a public authority application for FRA approval. The 
City also requests the following waivers be granted pertaining to the 
use of a wayside horn: 49 CFR 222.59(a)(1) to allow the use of a 
wayside horn at a pedestrian crossing and 49 CFR part 222, Appendix E, 
Paragraphs 4 and 6, to allow a minimum sound level of 80 dB(A) when 
measured 20 feet from the crossing gate and that a wayside horn does 
not need to be directed toward approaching traffic.
     Option 2--One-for-One Replacement. The City requests the 
following waivers be granted pertaining to the use of a wayside horn in 
lieu of the locomotive horn: 49 CFR

[[Page 54346]]

222.59(a)(1) to allow the use of a wayside horn at a pedestrian 
crossing and Appendix E to 49 CFR part 222, Paragraphs 4 and 6, to 
allow a minimum sound level of 80 dB(A) when measured 20 feet from the 
crossing gate and that a wayside horn does not need to be directed 
toward approaching traffic.
     Option 3--Establish a New Quiet Zone Without a Public 
Highway-Rail Crossing. The City requests a waiver from the definition 
of a new quiet zone as found in 49 CFR 222.9 so that a new quiet zone 
could be established without a public highway-rail grade crossing. 
Option 3 also requests that waivers be granted from the following 
regulations: 49 CFR 222.25(b)(1) and (2) so that an additional 
diagnostic team evaluation is not necessary at the private highway-rail 
crossing, 49 CFR 222.27(b) and (c) so that additional diagnostic team 
evaluations are not necessary at the six pedestrian crossings, 49 CFR 
222.43(a)(1) so that a Notice of Intent is not necessary, and 49 CFR 
222.39(b)(3) to allow a 20-day comment period instead of a 60-day 
comment period on a public authority application for FRA approval.
    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 
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: 202-493-2251.
     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 October 27, 2014 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 document, 
if submitted on behalf of an association, business, labor union, etc.). 
See http://www.regulations.gov/#!privacyNotice for the privacy notice 
of regulations.gov or interested parties may review DOT's complete 
Privacy Act Statement in the Federal Register published on April 11, 
2000 (65 FR 19477).

    Issued in Washington, DC, on September 4, 2014.
Ron Hynes,
Director, Office of Technical Oversight.
[FR Doc. 2014-21613 Filed 9-10-14; 8:45 am]
BILLING CODE 4910-06-P