
[Federal Register: July 9, 2010 (Volume 75, Number 131)]
[Notices]               
[Page 39616-39617]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr09jy10-119]                         

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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) has received a request for a waiver of compliance from 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.

Pan Am Railways

[Waiver Petition Docket Number FRA-2010-0107]

    The Pan Am Railways (Pan Am) 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. Pan Am states in their 
request that difficulties in meeting the horn requirements for tests 
made at the rear of their locomotives, even after reconfiguring the 
existing horns, has created a need to replace horns on the majority of 
their locomotives, which cannot be done by June 24, 2010. Pan Am 
requests that the requirement to complete testing of horns on 
locomotives built prior to September 18, 2006, be extended 130 days, to 
November 1, 2010.
    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-
2010-0107) 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. FRA reserves the right to grant relief in 
response to this request prior to the expiration of the comment period. 
Any relief provided will be contingent upon FRA's consideration of any 
relevant comments submitted to the docket before the close of the 
comment period. 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

[[Page 39617]]

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 document (or signing the 
document, 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 (65 FR 19477) or at 
http://www.dot.gov/privacy.html.

    Issued in Washington, DC, on July 2, 2010.
Robert C. Lauby,
Deputy Associate Administrator for Regulatory and Legislative 
Operations.
[FR Doc. 2010-16715 Filed 7-8-10; 8:45 am]
BILLING CODE 4910-06-P

