[Federal Register Volume 85, Number 68 (Wednesday, April 8, 2020)]
[Pages 19793-19794]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-07386]



Federal Railroad Administration

[Docket Number FRA-2020-0024]

Petition for Waiver of Compliance

    Under part 211 of title 49 Code of Federal Regulations (CFR), this

[[Page 19794]]

document provides the public notice that on March 9, 2020, the City of 
Fort Collins (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 Crossings. FRA assigned the 
petition Docket Number FRA-2020-0024.
    Specifically, the City requests relief from 49 CFR 222.35(b), 
Active grade crossing warning devices, which requires each public 
highway-rail grade crossing in a new quiet zone to be equipped with 
active grade crossing warning devices with both flashing lights and 
gates. The City states that due to the unique nature of the railroad 
tracks in this area, it is not possible to meet the gate requirement 
for seven of the twelve total grade crossings. Instead, three crossings 
are proposed to be closed and a barrier or fence is to be constructed 
to address pedestrian trespassing. The City recognizes that this waiver 
would only be the first step in the implementation of a quiet zone, 
which will require further coordination between the City, the 
Burlington Northern Santa Fe railroad, the Colorado Public Utilities 
Commission, and FRA.
    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 
    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 
     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 26, 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. 2020-07386 Filed 4-7-20; 8:45 am]