[Federal Register Volume 72, Number 178 (Friday, September 14, 2007)]
[Notices]
[Pages 52599-52600]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-18168]


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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 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.

CSX Transportation

[Docket Number FRA-2007-28612]

    CSX Transportation (CSX) seeks a permanent waiver of compliance 
from certain provisions of the Locomotive Safety Standards, 49 CFR 
229.129(c), as it pertains to railroad locomotive horn testing. CSX 
seeks to utilize an automated sound measurement system (ASMS) to test 
locomotive horns as required in Sections 229.129(a) and (b). The ASMS 
utilizes a Class 1 sound-level measuring instrument that is permanently 
mounted in a fixed test site and uses the same technology that is used 
to measure noise at airports nationwide.
    CSX requests to extend the requirement for acoustic calibration (49 
CFR 229.129(c)(2) and (9)) from immediately before and after each 
session of compliance tests to a period of not more than every 6 
months. The 6-month period is to be extended to 1 year if the system 
demonstrates a history of stability that indicates the 6-month testing 
is unnecessary. CSX states in their petition that the ASMS is equipped 
with an electrostatic test device that monitors acoustic calibration, 
and that they would review these tests daily and perform calibration as 
needed.
    In addition, CSX requests a waiver to reduce the requirement from a 
locomotive needing a 200-foot clearance (49 CFR 229.129(c)(5)) to the 
front and sides from large reflective surfaces to 150 feet at the side 
clearance. CSX states in their request that they performed horn testing 
at 150 feet and again at the required 200 feet with no measurable 
difference in meter readings. A reduction in the side clearance would 
assist the railroad in finding suitable test sites closer to their 
maintenance facilities.
    Finally, CSX requests a waiver from the requirement of testing cab- 
and low-mounted horns (49 CFR 229.129(c)(7)) at a 4-foot level in order 
to allow all locomotive horns to be tested at the 15-foot level. CSX 
feels that testing all horns at the 15-foot level would provide more 
consistent and meaningful measurements for both types of horn 
mountings. CSX testing shows that cab- and low-mounted horns showed 
reduced sound measurement at the 4-foot level compared to the 15-foot 
level, due to the effect of the acoustic shadow created by the 
locomotive.
    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-
2007-28612) and must be submitted in triplicate to the Docket Clerk, 
DOT Central Docket Management Facility, 1200 New Jersey Avenue, SE., 
Room W12-140, Washington, DC 20590-0001.
    Communications received within 45 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 DOT 
Central Docket Management Facility, 1200 New Jersey Avenue, SE., West 
Building Ground Floor, Room W12-140, Washington, DC 20590. 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

[[Page 52600]]

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 19377-78). The Statement 
may also be found at http://dms.dot.gov.

    Issued in Washington, DC, on September 6, 2007.
Grady C. Cothen, Jr.,
Deputy Associate Administrator, for Safety Standards and Program 
Development.
 [FR Doc. E7-18168 Filed 9-13-07; 8:45 am]
BILLING CODE 4910-06-P