
[Federal Register: May 28, 2010 (Volume 75, Number 103)]
[Notices]               
[Page 30105]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr28my10-154]                         

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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 Rail Road

[Waiver Petition Docket Number FRA-2010-0090]

    The Long Island Rail Road (LIRR) seeks a waiver of compliance with 
the Locomotive Safety Standards, 49 CFR 229.129(b)(2), which requires 
that the sound level of locomotives manufactured before September 18, 
2006, have their horns tested before June 24, 2010; and 49 CFR 
229.129(c), which prescribes the testing requirements for testing 
locomotive horns.
    LIRR operates 836 M-7 MU passenger cars of which 84 have had their 
horns tested; and 170 M-3 MU passenger cars of which 60 have had their 
horns tested. In addition, LIRR operates 80 diesel electric locomotives 
of which 7 horns have been tested; and 23 control car locomotives of 
which 2 horns have been tested.
    LIRR cites the previous winters (2009 and 2010) climatic conditions 
for failure to complete the required horn testing. LIRR is requesting 
an additional 6-month extension to complete the testing. Because of the 
constraints of their maintenance facilities, LIRR is also requesting 
that they be allowed to utilize an alternate testing standard. LIRR 
would do reference sample testing of locomotive horns as required in 49 
CFR 229.129(c), and use the test results from the reference tests to 
develop an alternative test plan.
    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 2010-
0090) 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 30 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 24, 2010.
Grady C. Cothen, Jr.,
Deputy Associate Administrator for Safety Standards and Program 
Development.
[FR Doc. 2010-12880 Filed 5-27-10; 8:45 am]
BILLING CODE 4910-06-P

