[Federal Register Volume 75, Number 91 (Wednesday, May 12, 2010)]
[Notices]
[Pages 26842-26843]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-11206]


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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.

Metro-North Railroad

[Docket Number FRA-2007-0006]

    The Metro-North Railroad (Metro-North) seeks a permanent waiver of 
compliance from certain specific requirements in the testing protocol 
of the Locomotive Safety Standards, 49 CFR 229.129(c), as it pertains 
to railroad locomotive horn testing. Metro-North seeks to utilize an 
acoustic enclosure specifically designed for the purpose of testing 
horns removed from the locomotives in lieu of the requirements required 
in 229.129(c)(4), (5) & (7). The data from the acoustic enclosure 
testing would be used to calculate the level to be expected at the 
location 100 feet in front of the locomotive as required under 
229.129(c)(7). Metro-North has requested the Acoustical Society of 
America to work towards a new American National Standards Institute 
(ANSI) standard that supports the approach proposed by Metro-North.
    In addition to the requested waiver of the technical requirements 
described above, Metro-North is also requesting an extension of 5 years 
to June 24, 2015, in which to complete the required testing of its 
approximately 1,098 train horns.
    FRA's Safety Board (Board) did not grant the requested waiver of 
the June 24, 2010, deadline as a result of the original waiver 
petition. The Board did however invite Metro-North to resubmit that 
portion of the waiver request when the outcome of the alternative 
testing procedure was known and shown to be acceptable.
    Metro-North has proceeded to fund the design, fabrication and pilot 
testing of the testing facility proposed subject to the previously 
granted conditional waiver. Metro-North has presented test data from 
the testing facility developed under the previous application that 
supports the technical validity of the procedure and wishes FRA to 
reconsider its application for an extension of 5 years to complete its 
efforts to have an ANSI standard adopted and submitted to FRA in 
support of its petition, and to complete the testing of its train horns 
in accordance with that standard.
    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-
2007-0006) 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 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

[[Page 26843]]

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 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 May 6, 2010.
Grady C. Cothen, Jr.,
Deputy Associate Administrator for Safety Standards and Program 
Development.
[FR Doc. 2010-11206 Filed 5-11-10; 8:45 am]
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