
[Federal Register: May 22, 2008 (Volume 73, Number 100)]
[Notices]               
[Page 29838]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr22my08-111]                         

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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.

Long Island Railroad Company

(Waiver Petition Docket Number FRA-2008-0045)

    The Long Island Railroad Company (LIRR) seeks a permanent waiver of 
compliance from a certain provision of the Use of Locomotive Horns at 
Highway-Rail Grade Crossings, 49 CFR Part 222. LIRR is seeking a waiver 
to permit trains to sound one short blast of the train horn when 
departing from 24 specific train stations, which are located no more 
than 50 feet from a public highway-rail grade crossing. Specifically, 
LIRR is seeking a waiver from the provisions of 49 CFR Part 222.21. The 
waiver petition is supported by the ten public authorities that are 
responsible for the roadways near the 24 train stations listed in the 
petition.
    LIRR states that the modification to the final rule 49 CFR 222.21 
on August 17, 2006, by the addition of 49 CFR 222.21(d), which provides 
that under certain conditions trains stopped in the vicinity of public 
highway-rail grade crossings would be able to sound their horn less 
than 15 seconds, still requires the railroad to blow its horn in 
required sequence (two longs, one short and two longs) until the lead 
locomotive blocks the crossing from all approaches.
    LIRR states that its previous practice at these 24 train stations 
were to sound a short blast as the train departed the station and 
approached the nearby highway-rail grade crossing. LIRR states that a 
review of internal and FRA records for the past 10 years show no 
incidents occurring when trains departed from any of these stations. 
The approximate distance between the edge of the road to the station 
platform varies between 8 to 50 feet. All of the crossings are equipped 
with gates, flashing lights and bells. LIRR requests to return to its 
prior policy of sounding one short blast of its train horn when 
departing from the 24 train stations. It believes, based upon the lack 
of any incidents when trains departed from the stations under its 
previous practice, that the safety of those traversing the crossings, 
as well as LIRR's customers and employees, will not be adversely 
affected. It has received numerous complaints about the additional 
train horn noise since 49 CFR Part 222 went into effect.
    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-
2008-0045) and may be submitted by any of the following methods:
    1. Web site: http://www.regulations.gov. Follow the online 
instructions for submitting comments.
    2. Fax: 202-493-2251.
    3. Mail: Docket Operations Facility, U.S. Department of 
Transportation, 1200 New Jersey Avenue, SE., W12-140, Washington, DC 
20590.
    4. 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).

    Issued in Washington, DC on May 16, 2008.
Grady C. Cothen, Jr.,
Deputy Associate Administrator for Safety Standards and Program 
Development.
[FR Doc. E8-11457 Filed 5-21-08; 8:45 am]

BILLING CODE 4910-06-P
