
[Federal Register: April 16, 2010 (Volume 75, Number 73)]
[Notices]               
[Page 20036-20037]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr16ap10-153]                         

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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.

Association of American Railroads

[Waiver Petition Docket Number FRA-2010-0026]

    The Association of American Railroads (AAR), on behalf of its 
member railroads, seek a waiver of compliance with the Locomotive 
Safety Standards, 49 CFR 229.129(b)(2), which requires that the sound 
level of locomotive horns manufactured before September 18, 2006, be 
tested before June 24, 2010. AAR member railroads own approximately 
24,000 locomotives, most of which were manufactured before September 
18, 2006. AAR estimates that over 50 percent of these locomotives have 
not yet been tested. AAR states that there are a number of reasons that 
the testing has not progressed as rapidly as needed to meet the 
requirement, site requirements, weather conditions, community noise 
complaints, and developing automated testing facilities. AAR requests 
that the requirement to complete testing of horns on locomotives built 
prior to September 18, 2006, be extended to December 30, 2012, for its 
membership.
    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-
2010-0026) 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.

[[Page 20037]]

     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).

    Issued in Washington, DC, on April 12, 2010.
Grady C. Cothen, Jr.,
Deputy Associate Administrator for Safety Standards and Program 
Development.
[FR Doc. 2010-8694 Filed 4-15-10; 8:45 am]
BILLING CODE 4910-06-P

