
[Federal Register Volume 78, Number 173 (Friday, September 6, 2013)]
[Notices]
[Pages 54952-54953]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-21697]


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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket Number FRA-2003-16265]


Petition for Waiver of Compliance

    In accordance with Part 211 of Title 49 Code of Federal Regulations 
(CFR), this document provides the public notice that by a document 
dated August

[[Page 54953]]

1, 2013, the Long Island Rail Road (LIRR) 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 229.81, Emergency Pole; shoe insulation. FRA assigned the petition 
Docket Number FRA-2003-16265.
    Title 49 CFR 229.81(b) requires that each locomotive equipped with 
third rail shoes shall have a device for insulating the current 
collecting apparatus from the third rail. LIRR previously had in place 
a waiver related to third rail insulating devices called for in 49 CFR 
229.81. This waiver was renewed on March 30, 2004. Due to an oversight 
on the part of LIRR, renewal of this waiver was not requested in a 
timely manner and is now being sought. The rationale for this waiver, 
originally granted in 1981, and subsequently extended and expanded to 
newer fleets of equipment, is that LIRR's existing procedures and 
infrastructure provide a greater degree of safety than the devices 
required in this rule. Removing third rail power from rolling stock 
equipped with contact shoes by means of such devices would require 
placement of at least two devices per DMU locomotive, four devices per 
pair of multiple-unit (MU) cars, and 24 devices for a 12-car MU train. 
Each of these would be placed separately in proximity to the 750-volt 
third rail under whatever lighting and weather conditions prevailed. 
This would be both a time consuming and potentially hazardous means to 
remove power from the equipment.
    LIRR requests instead to continue to use the guidance of LIRR-290 
(formerly known as CT-290) wherein requests for removal of power are 
made by radio or telephone to the Engineering System Operator (ESO). 
Detailed third-rail plans are maintained by the ESO, train dispatchers, 
and block operators, along with records of requests for removal of 
third-rail power, which include name, title, location, and reason for 
removal of power. Only the person who requested the removal of power, 
or someone to whom they have transferred that authority, can request 
restoration of power. This process provides safeguards against 
accidental restoration of power that could occur with the slippage or 
inadvertent removal of any of the insulating devices that the rule 
calls for; the process also allows for the safe and remote removal of 
power, away from the affected equipment. LIRR requests that FRA 
considers this waiver as having been in continuous effect since 
September 1, 1981.
    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 
Avenue 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:
     Web site: 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 October 21, 2013 will be considered by 
FRA before final action is taken. Comments received after that date 
will be considered as far as practicable.
    Anyone is able to 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.). 
See http://www.regulations.gov/#!privacyNotice for the privacy notice 
of regulations.gov or interested parties may review DOT's complete 
Privacy Act Statement in the Federal Register published on April 11, 
2000 (65 FR 19477).

    Issued in Washington, DC
Robert C. Lauby,
Deputy Associate Administrator for Regulatory and Legislative 
Operations.
[FR Doc. 2013-21697 Filed 9-5-13; 8:45 am]
BILLING CODE 4910-06-P


