Petition for Waiver of Compliance

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Federal RegisterAug 6, 2018
83 Fed. Reg. 38451 (Aug. 6, 2018)

Under part 211 of Title 49 of the Code of Federal Regulations (CFR), this provides the public notice that by a letter dated May 1, 2018, the County of Sonoma (County), California, 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. FRA assigned the petition docket number FRA-2018-0050.

The County seeks a waiver from 49 CFR 222.9, definition of “quiet zone,” meaning “a segment of rail line, within which is situated one or a number of consecutive public highway-rail crossings at which locomotive horns are not routinely sounded.” The County wishes to establish a quiet zone consisting of ten private highway-rail grade crossings, without a public highway-rail grade crossing in the quiet zone. The County states it believes “safety will not be negatively impacted since [Sonoma Marin Area Rapid Transit (SMART)] provided input on concerns and safety measures during the diagnostic review.” The County explains the private crossings are either in remote areas, are rarely used, and monitored by SMART, or are equipped with active warning devices.

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 Department of Transportation's 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 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:

  • 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 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 September 20, 2018 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.). In accordance with 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 http://www.regulations.gov/#!privacyNotice for the privacy notice of regulations.gov.

Robert C. Lauby,

Associate Administrator for Railroad Safety, Chief Safety Officer.

[FR Doc. 2018-16755 Filed 8-3-18; 8:45 am]

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