[Federal Register Volume 75, Number 126 (Thursday, July 1, 2010)]
[Notices]
[Page 38171]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-16056]


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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.

American Short Line and Regional Railroad Association

[Waiver Petition Docket Number FRA-2010-0103]

    The American Short Line and Regional Railroad Association (ASLRRA), 
on behalf of its member railroads, seeks a waiver of compliance with 
the Locomotive Safety Standards, 49 CFR 229.129(b)(2), which requires 
that the sound level of locomotive horns manufactured before September 
18, 2006, be tested before June 24, 2010.
    ASLRRA member railroads own approximately 4,000 locomotives, most 
of which were manufactured before September 18, 2006. ASLRRA estimates 
that over 50 percent of these locomotives have not yet been tested. 
ASLRRA states in their request that there are a number of reasons that 
the testing has not progressed as rapidly as needed to meet the 
requirement, the amount of time needed to test each locomotive, site 
requirements, weather conditions, and community noise complaints. 
ASLRRA requests that the requirement to complete testing of horns on 
locomotives built prior to September 18, 2006, be extended to December 
30, 2012, for its membership.
    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 2010-
0103) 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 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 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).

    Issued in Washington, DC on June 25, 2010.
Michael J. Logue,
Deputy Associate Administrator for Safety Compliance and Program 
Implementation.
[FR Doc. 2010-16056 Filed 6-30-10; 8:45 am]
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