[Federal Register Volume 70, Number 217 (Thursday, November 10, 2005)]
[Notices]
[Pages 68509-68510]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-22393]


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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Waiver Petition Docket Number FRA-2005-21964]


Long Island Rail Road; Notice of Public Hearing

    On September 16, 2005, FRA published a notice in the Federal 
Register announcing the Long Island Railroad's intent to be granted a 
waiver of compliance from certain provisions of the Railroad Operating 
Practices regulations, 49 CFR 218, regarding blue signal protection of 
workers. See 70 FR 54801. Specifically, the LIRR requests relief from 
the requirements of 49 CFR 218.29 Alternate methods of protection, at 
its Diesel Service Facilities in Richmond Hills, NY, and Long Island 
City, NY.
    According to LIRR, both facilities are stub-end yards jointly used 
by both Transportation and Mechanical forces. These yards function to 
service, maintain, inspect, and dispatch the diesel passenger fleet for 
the LIRR. Each facility has a speed limit of 5 mph, with fixed derails 
on each service track, and manually operated switches. Yard movement is 
controlled by a

[[Page 68510]]

yardmaster. Due to the configuration and service demands, the yard 
cannot facilitate the placement of a derail at the 150-foot interval as 
prescribed in Sec.  218.29. Additionally, LIRR believes that lining and 
locking the manual switches increases potential error of proper switch 
alignment, and is a safety concern for all employees working in the 
area. Therefore, LIRR requested that employees at these two facilities 
be allowed to place derails at a distance of 50-feet from the 
equipment. LIRR stated that they will post signage to reinforce the 5 
mph speed restriction, as well as paint physical clearance lines 
denoting the 50-foot distance.
    As a result of the comments received by FRA concerning this waiver 
petition, FRA has determined that a public hearing is necessary before 
a final decision is made on this petition. Accordingly, a public 
hearing is hearby set to begin at 9 a.m. on December 21, 2005, in 
Conference Room 820 at the Hunters Point Plaza, 47-40 21st Street, Long 
Island City, New York, 11101. Interested parties are invited to present 
oral statements at this hearing.
    The hearing will be informal and will be conducted in accordance 
with FRA's Rules of Practice (49 CFR Part 211.25) by a representative 
designated by FRA. FRA's representative will make an opening statement 
outlining the scope of the hearing, as well as any additional 
procedures for the conduct of the hearing. The hearing will be a non-
adversarial proceeding in which all interested parties will be given 
the opportunity to express their views regarding this waiver petition, 
without cross-examination. After all initial statements have been 
completed, those persons wishing to make brief rebuttal statements will 
be given an opportunity to do so in the same order in which initial 
statements were made.

    Issued in Washington, DC, on November 4, 2005.
Grady C. Cothen, Jr.,
Deputy Associate Administrator for Safety Standards and Program 
Implementation.
[FR Doc. 05-22393 Filed 11-9-05; 8:45 am]
BILLING CODE 4910-06-P