SUPPLEMENTARY INFORMATION:

Under part 211 of title 49 Code of Federal Regulations (CFR), this document provides the public notice that by letter dated May 14, 2026, LIRR petitioned FRA for a modification of a waiver of compliance from certain provisions of the Federal railroad safety regulations contained at 49 CFR part 229 (Railroad Locomotive Safety Standards). The relevant Docket Number is FRA-2025-0588.

Specifically, LIRR seeks to modify its implementation plan that was approved in FRA's April 9, 2026 decision letter.^[1] That letter extended the compliance deadline for installation of a new video and audio recording system on LIRR's M7 and diesel passenger fleets until December 31, 2030, allowing LIRR to keep a large portion of its fleets in service.

In its May 14, 2026 petition, LIRR requests that although the existing video and audio recording system is not compliant with the final rule in § 229.136, Locomotive image and audio recording devices, the system should continue to be used until the units can be replaced. LIRR determined that removing its existing system, which “functions around 98% of the time,” until the installation deadline for its new system would not serve the public interest.

LIRR seeks to exclude its existing system from the daily inspection requirements of 49 CFR 229.21, stating its intent to retain the current system pending replacement and to ensure that units that have completed the 92-day periodic inspection function properly. The petition states that LIRR's existing system on its locomotives “indicate faults that may or may not render the cab cameras non-functional.” Investigation of the reported faults requires “considerable resources” on systems that “are still capturing” “important images and audio.”

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 October 13, 2026 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 www.transportation.gov/​privacy. See also www.regulations.gov/​privacy-notice for the privacy notice of regulations.gov.

91 FR 51827