
[Federal Register: June 16, 2010 (Volume 75, Number 115)]
[Notices]               
[Page 34203]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr16jn10-121]                         

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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.

New Jersey Transit Rail

[Waiver Petition Docket Number FRA-2010-0099]

    The New Jersey Transit Rail (NJTR) seeks a waiver of compliance 
with the Locomotive Safety Standards, 49 CFR 229.129(b)(2), which 
requires that the sound level of horns of locomotives manufactured 
before September 18, 2006, be tested before June 24, 2010. NJTR 
operates approximately 700 pieces of equipment (locomotives) with train 
horns that were manufactured before the September 18, 2006, date. NJTR 
states in their request the site requirements required by the horn test 
regulation and community noise complaints has caused NJTR to perform 
all horn testing at their Meadows Maintenance Facility in Kearny, NJ. 
NJTR requests that the requirements to complete testing of horns on 
locomotives built prior to September 18, 2006, be extended to June 24, 
2012.
    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-
0099) 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 June 10, 2010.
Robert C. Lauby,
Deputy Associate Administrator for Regulatory and Legislative 
Operations.
[FR Doc. 2010-14471 Filed 6-15-10; 8:45 am]
BILLING CODE 4910-06-P

