[Federal Register Volume 71, Number 11 (Wednesday, January 18, 2006)]
[Notices]
[Pages 2986-2987]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-454]


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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-2005-23107)

    The Association of American Railroads (AAR), on behalf of its 
member railroads, seeks a waiver from certain provisions of 49 CFR part 
229 regarding movement of locomotives with a burned out 350-watt 
headlamp. The specific section from which relief is requested and the 
justifications for such relief is as follows: Title 49 CFR 229.125 
requires that lead locomotives be equipped with a headlight which 
produces a minimum intensity of 200,000 candela. In the case of the 
350-watt lamp currently in use by the railroads, two lamps burning 
together are needed to reliably meet this requirement. A lead 
locomotive with only one 350-watt lamp illuminated would be considered 
a non-complying locomotive and could only be moved under the provisions 
of 49 CFR 229.9. AAR seeks a waiver permitting such a locomotive to 
continue in service as a lead locomotive, with both auxiliary lights 
burning steadily, until its next calendar day inspection. The proposed 
relief would not apply to a lead locomotive on a train required to have 
an initial terminal inspection. In that case, the locomotive would be 
repaired or switched to a trailing position prior to departure. In 
support of its petition, AAR contends that ``Since no scientific study 
has been done showing the minimum amount of light needed for safety 
purposes, no adverse safety conclusions can be drawn about either 
lamp.'' They also point out that when the headlight intensity was set 
at 200,000 candela in 1980, there was not yet any requirement for 
auxiliary lights, which now supplement the headlight. Further, they 
point out that the relief requested for a locomotive with one 350-watt 
headlight lamp out is similar to the provisions already in effect for 
auxiliary lights (see 49 CFR 229.125(g)).
    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.

[[Page 2987]]

    All communications concerning these proceedings should identify the 
appropriate docket number (e.g., Waiver Petition Docket Number 2005-
23107) and must be submitted to the Docket Clerk, DOT Docket Management 
Facility, Room PL-401 (Plaza Level), 400 7th Street, SW., Washington, 
DC 20590. 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://dms.dot.gov.
    Anyone is able to search the electronic form of all 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). The statement 
may also be found at http://dms.dot.gov.

    Issued in Washington, DC on January 9, 2006.
Grady C. Cothen, Jr.,
Deputy Associate Administrator for Safety Standards and Program 
Development.
 [FR Doc. E6-454 Filed 1-17-06; 8:45 am]
BILLING CODE 4910-06-P