[Federal Register Volume 85, Number 52 (Tuesday, March 17, 2020)]
[Notices]
[Pages 15250-15251]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-05516]


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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket Number FRA-2009-0072]


Petition for Waiver of Compliance

    Under part 211 of title 49 Code of Federal Regulations (CFR), this 
document provides the public notice that on February 25, 2020, the Tri-
County Metropolitan Transportation District of Oregon (TriMet) 
petitioned the Federal Railroad Administration (FRA) to renew 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-2009-0072.
    TriMet seeks to renew its waiver to not be required to routinely 
sound its locomotive horn when approaching three public highway-rail 
grade crossings on the Lombard segment of TriMet's Westside Express 
Service (WES), and to be permitted to use a 60 dB(A) locomotive bell in 
lieu of the locomotive horn at these three crossings. Specifically, 
TriMet seeks a waiver from the provisions of 49 CFR 222.21(a) and 
222.21(b)(2), which require locomotive horns to be sounded when 
approaching public highway-rail grade crossings, using the ``long-long-
short-long'' pattern that begins 15 to 20 seconds before the locomotive 
reaches the crossing, but no further than \1/4\ mile from the crossing.
    TriMet states that, at these three crossings, their use of a 60 
dB(A) bell provides a level of safety equivalent to that of the 
required locomotive horn.

[[Page 15251]]

TriMet contends because WES trains will be sounding the bell, the 
``long-long-short-long'' requirement of Sec.  222.21 would be 
redundant, and should not be required at these three crossings.
    In November 2014, TriMet sought, and in August 2015, FRA granted, 
five years of regulatory relief from the requirements of Sec.  222.21 
as described above. The current petition seeks permanent relief from 
these same requirements.
    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 May 1, 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. 2020-05516 Filed 3-16-20; 8:45 am]
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