
[Federal Register: November 7, 2008 (Volume 73, Number 217)]
[Notices]               
[Page 66289-66290]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr07no08-108]                         

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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

 
Petition for Waiver of Compliance

    In accordance with Part 211 of Title 49 Code of Federal Regulations 
(CFR), notice is hereby given that the Federal Railroad Administration 
(FRA) received a request for a waiver of compliance with certain 
requirements of its safety standards. The individual petition is 
described below, including the party seeking relief, the regulatory 
provisions involved, the nature of the relief being requested, and the 
petitioner's arguments in favor of relief.

Metro-North Railroad

[Docket Number FRA-2007-0006]

    The Metro-North Railroad (Metro-North) seeks a permanent waiver of 
compliance from certain specific requirements in the testing protocol 
of the Locomotive Safety Standards, 49 CFR 229.129(c), as it pertains 
to railroad locomotive horn testing. Metro-North seeks to utilize an 
acoustic enclosure specially designed for the purpose of testing horns 
removed from the locomotives in lieu of the requirements required in 
CFR Sec.  229.129(c)(4), (5) and (7). The data from the acoustic 
enclosure testing would be used to calculate the level to be expected 
at the location 100 feet in front of the locomotive as required under 
CFR Sec.  229.129(c)(7).
    Metro-North has requested the Acoustical Society of America to work 
towards a new ANSI standard that supports the approach proposed by 
Metro-North. Metro-North further proposes to fund the design, 
fabrication and pilot testing of the testing facility proposed if this 
waiver application is granted on a conditional basis. In addition to 
the requested waiver of the technical requirements described above, 
Metro-North is also requesting an extension of five (5) years to June 
24, 2015, in which to complete the required testing of its 
approximately 762 train horns.
    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 (e.g., Waiver Petition Docket Number FRA-
2007-0006) 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 within 45 days of the date of this notice 
will be considered by FRA before final action is taken. Comments 
received after that date will be considered as far as practicable. All 
written communications concerning these proceedings are available for 
examination during regular business hours (9 a.m.-5 p.m.) at the above 
facility. All documents in the public docket are also available for 
inspection and copying on the Internet at the docket facility's Web 
site at http://www.regulations.gov.
    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 comment, 
if submitted on behalf of an association, business, labor union, etc.). 
You may review DOT's complete Privacy Act Statement in the Federal 
Register published on April 11, 2000 (Volume 65, Number 70; Pages 
19477-78).


[[Page 66290]]


    Issued in Washington, DC on November 3, 2008.
Grady C. Cothen, Jr.,
Deputy Associate Administrator for Safety Standards and Program 
Development.
[FR Doc. E8-26665 Filed 11-6-08; 8:45 am]

BILLING CODE 4910-06-P
