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Notice of Petition for Extension of Waiver of Compliance

---
identifier: "/us/fr/2025-03362"
source: "fr"
legal_status: "authoritative_unofficial"
title: "Notice of Petition for Extension of Waiver of Compliance"
title_number: 0
title_name: "Federal Register"
section_number: "2025-03362"
section_name: "Notice of Petition for Extension of Waiver of Compliance"
positive_law: false
currency: "2025-03-03"
last_updated: "2025-03-03"
format_version: "1.1.0"
generator: "[email protected]"
agency: "Transportation Department"
document_number: "2025-03362"
document_type: "notice"
publication_date: "2025-03-03"
agencies:
  - "Transportation Department"
  - "Federal Railroad Administration"
fr_citation: "90 FR 11087"
fr_volume: 90
docket_ids:
  - "Docket Number FRA-2008-0045"
comments_close_date: "2025-04-02"
fr_action: "Notice."
---

#  Notice of Petition for Extension of Waiver of Compliance

**AGENCY:**

Federal Railroad Administration (FRA), Department of Transportation (DOT).

**ACTION:**

Notice.

**SUMMARY:**

This document provides the public notice that by letter dated January 14, 2025, Long Island Rail Road (LIRR) petitioned FRA for an extension of relief from certain regulations concerning locomotive horns.

**DATES:**

FRA must receive comments on the petition by April 2, 2025. FRA will consider comments received after that date to the extent practicable.

**ADDRESSES:**

*Comments:* Comments related to this docket may be submitted by going to *https://www.regulations.gov* and following the online instructions for submitting comments.

*Instructions:* All submissions must include the agency name and docket number. All comments received will be posted without change to *https://www.regulations.gov;* this includes any personal information. Please see the Privacy Act heading in the *SUPPLEMENTARY INFORMATION* section of this document for Privacy Act information related to any submitted comments or materials.

*Docket:* For access to the docket to read background documents or comments received, go to *https://www.regulations.gov* and follow the online instructions for accessing the docket.

**FOR FURTHER INFORMATION CONTACT:**

Brian Gilleran, Railroad Safety Specialist, FRA Grade Crossing & Trespasser Outreach Division,  telephone: 202-493-6276, email: *[email protected].*

**SUPPLEMENTARY INFORMATION:**

Under part 211 of title 49 Code of Federal Regulations (CFR), this document provides the public notice that by letter dated January 14, 2025, LIRR petitioned FRA for an extension of a waiver of compliance from certain provisions of the Federal railroad safety regulations contained at 49 CFR part 222, Use of Locomotive Horns at Public Highway-Rail Grade Crossings. The relevant Docket Number is FRA-2008-0045.

Specifically, LIRR seeks an extension of relief from § 222.21(a), *When must a locomotive horn be used?,* which requires that a railroad sound its locomotive horn in a specific manner (two long, one short, and one long blast) as it approaches and enters public highway-rail grade crossings. LIRR seeks to continue sounding one short blast when departing from 22 train stations. [^1] In its petition, LIRR states that “there have been no material changed circumstances” since the inception of the waiver.

[^1] In its initial February 6, 2008, petition, LIRR sought a waiver for 24 stations (FRA-2008-0045-0001). FRA granted the waiver for 23 of those stations (FRA-2008-0045-0004). Because one of those 23 stations was later included in a designated quiet zone, FRA's February 19, 2020, letter, extended the waiver for 22 stations.

A copy of the petition, as well as any written communications concerning the petition, is available for review online at *www.regulations.gov.*

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 and a public hearing, they should notify FRA, in writing, before the end of the comment period and specify the basis for their request.

Communications received by April 2, 2025 will be considered by FRA before final action is taken. Comments received after that date will be considered if practicable.

**Privacy Act**

Anyone can search the electronic form of any written communications and comments received into any of FRA's dockets by the name of the individual submitting the comment (or signing the document, if submitted on behalf of an association, business, labor union, etc.). Under 5 U.S.C. 553(c), DOT solicits comments from the public to inform its processes. DOT posts these comments, without edit, including any personal information the commenter provides, to *www.regulations.gov,* as described in the system of records notice (DOT/ALL-14 FDMS), which can be reviewed at *https://www.transportation.gov/privacy.* See also *https://www.regulations.gov/privacy-notice* for the privacy notice of *regulations.gov.*

Issued in Washington, DC.

John Karl Alexy,

Associate Administrator for Railroad Safety, Chief Safety Officer.