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Notice of Application for Approval of Discontinuance or Modification of a Railroad Signal System or Relief From the Requirements of Title 49 Code of Federal Regulations Part 236

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Pursuant to Title 49 Code of Federal Regulations (CFR) Part 235 and 49 U.S.C. 20502(a), the following railroad has petitioned the Federal Railroad Administration (FRA) seeking approval for the discontinuance or modification of the signal system or relief from the requirements of 49 CFR Part 236 as detailed below. Start Printed Page 32631

Applicant: MTA Long Island Rail Road, Mr. Brian J. Finn, Chief Engineer, Jamaica Station, Jamaica, New York 11435-4380.

The Long Island Rail Road Company (LIRR) seeks relief from the requirements of the Rules, Standard and Instructions, Title 49 CFR, Part 236, § 236.51, Track circuit requirements, to the extent that the LIRR be permitted to utilize single rail track circuits which do not provide for broken rail protection, in the vicinity of a new LIRR terminal called Vanderbilt Yard (VD Yard). The LIRR is working to rebuild the existing VD Yard and replace it with a modern interlocked yard. The location of the project is in Brooklyn, New York, on the LIRR's Atlantic Branch line, between existing Brook 1 and 2 Interlockings.

Applicant's Justification for Relief

(1) The track speed for these circuits will be restricted to 5 mph.

(2) The signal aspect proposed for the affected tracks will be “Restricting.”

(3) The existing Brook 1 Interlocking at Flatbush Avenue contains existing single rail track circuits, permitted by the granting of a previous waiver application.

(4) Passenger service will not be provided on the yard tracks except for an emergency detour route that will allow a passenger train to bypass the main tracks if both main tracks are blocked.

Any interested party desiring to protest the granting of an application shall set forth specifically the grounds upon which the protest is made, and contain a concise statement of the interest of the party in the proceeding. Additionally, one copy of the protest shall be furnished to the applicant at the address listed above.

All communications concerning this proceeding should be identified by the docket number and must be submitted to the Docket Clerk, DOT Central Docket Management Facility, Room PL-401 (Plaza Level), 400 7th Street, SW., Washington, DC 20590-0001. Communications received within 45 days of the date of this notice will be considered by the 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

FRA wishes to inform all potential commenters that 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) or you may visit

FRA expects to be able to determine these matters without an oral hearing. However, if a specific request for an oral hearing is accompanied by a showing that the party is unable to adequately present his or her position by written statements, an application may be set for public hearing.

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Issued in Washington, DC on May 26, 2006.

Grady C. Cothen, Jr.,

Deputy Associate Administrator for Safety Standards and Program Development.

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[FR Doc. E6-8736 Filed 6-5-06; 8:45 am]