[Federal Register Volume 89, Number 50 (Wednesday, March 13, 2024)]
[Notices]
[Pages 18477-18478]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-05282]


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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket Number FRA-2020-0038]


Petition for Extension of Waiver of Compliance

    Under part 211 of title 49 Code of Federal Regulations (CFR), this 
document provides the public notice that on December 20, 2023, and 
February 29, 2024, the City of San Clemente, California, (the City) and 
the Southern California Regional Rail Authority (Metrolink) petitioned 
the Federal Railroad Administration (FRA) for an extension of a waiver 
of compliance from certain provisions of the Federal railroad safety 
regulations

[[Page 18478]]

contained at 49 CFR part 222 (Use of Locomotive Horns at Public 
Highway-Rail Grade Crossings). The relevant Docket Number is FRA-2020-
0038.
    Specifically, the City and Metrolink (Petitioners) jointly seek 
relief from the requirements of 49 CFR 222.59(a)(1), to continue 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. Petitioners also request to extend relief 
from certain provisions of 49 CFR part 222, appendix E (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 request are:

 Dije Court--USDOT Number 922847D--MP 203.95--pedestrian--3 
PAWS
 El Portal--USDOT Number 922848K--MP 204.04--pedestrian--2 PAWS
 Corto Lane--USDOT Number 026977D--MP 204.56--pedestrian--3 
PAWS
 Pier Service Road--USDOT Number 026997P--MP 204.73--private--4 
PAWS
 T Street--USDOT Number 922849S--MP 205.16--pedestrian--3 PAWS
 Lost Winds--USDOT Number 922850L--MP 205.56--pedestrian--2 
PAWS
 Calafia--USDOT Number 026637S--MP 206.00--pedestrian--2 PAWS

    In support of its request, Petitioners submitted maintenance, 
communication, and malfunction/response plans for the PAWS.
    In its February 26, 2024, addendum, Petitioners note their plans to 
augment the existing fencing system along ``the beach trail from Mile 
Post 203.71 . . . to Mile Post 206.00.'' They explain that the plan 
``is in response to the current deficiency in fencing elevation along 
certain portions of the trail and is intended to improve the public 
safety of the area.''
    A copy of the petition, as well as any written communications 
concerning the petition, is available for review online at 
www.regulations.gov.
    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 at www.regulations.gov. 
Follow the online instructions for submitting comments.
    Communications received by May 13, 2024 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/privacy-notice for the 
privacy notice of regulations.gov.

    Issued in Washington, DC.
John Karl Alexy,
Associate Administrator for Railroad Safety, Chief Safety Officer.
[FR Doc. 2024-05282 Filed 3-12-24; 8:45 am]
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