[Federal Register Volume 85, Number 101 (Tuesday, May 26, 2020)]
[Notices]
[Page 31587]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-11142]


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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 April 27, 2020, the City of 
San Clemente, California, (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 Grade Crossings. 
FRA assigned the petition Docket Number FRA-2020-0038.
    Specifically, the City seeks 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 regulatory relief from the 
requirements of Sec.  222.59(a)(1), and part 222, appendix E, as 
described above. See Docket Number FRA-2014-0081. The current petition 
seeks a five-year extension of relief from these requirements, stating 
that during the initial waiver period, the PAWS have performed as 
intended to provide a localized audible warning to pedestrians, and 
there have been no accidents at any of the seven crossings.
    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 July 10, 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. 2020-11142 Filed 5-22-20; 8:45 am]
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