[Federal Register Volume 75, Number 234 (Tuesday, December 7, 2010)]
[Notices]
[Page 76070]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-30532]


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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.

American Short Line and Regional Railroad Association

[Waiver Petition Docket Number FRA-2009-0078]

    In response to the American Short Line and Regional Railroad 
Association's (ASLRRA) July 16, 2009, petition in this docket, FRA 
granted certain identified ASLRRA member railroads limited conditional 
relief from the Federal hours of service law (HSL; 49 U.S.C. Chapter 
211). Specifically, FRA granted the identified ASLRRA member railroads 
listed on ASLRRA's ``Seconded Amended Exhibit A'' in this docket relief 
from 49 U.S.C. 21103(a)(4)(A). (See FRA letter dated March 5, 2010, 
document number--0008.1 in the docket). Section 21103(a)(4)(A) mandates 
that train employees have 48 or 72-hour off-duty periods following the 
initiation of on-duty periods on either 6 or 7 consecutive days.
    On September 1, 2010, ASLRRA filed a motion to amend its petition 
in this docket to: (1) Add and withdraw participating railroads, and 
(2) expand the scope of the waiver granted in FRA's initial decision. 
ASLRRA included with its September 1, 2010, motion, evidence that the 
applicable labor organizations or affected employees of each listed 
railroad concur with the request for relief.
    By a letter dated October 15, 2010, FRA denied ASLRRA's request to 
expand the scope of the relief granted, but reserved decision on the 
request to make additional ASLRRA member railroads party to the waiver, 
pending the solicitation of public comment on that aspect of ASLRRA's 
request. (See FRA letter dated October 15, 2010, document number 0085.1 
in the docket). This notice solicits public comment on ASLRRA's request 
to make the nineteen additional railroads identified in its September 
1, 2010, motion parties to the waiver. A complete copy of ASLRRA's 
motion may be viewed at http://www.regulations.gov under the docket 
number listed above. (See documents numbered 0048.1 and 0048.2 in the 
docket).
    Separately, by a letter dated September 29, 2010, ASLRRA notified 
FRA of an error in its ``Second Amended Exhibit A'' upon which FRA 
based its initial grant of relief. (See document number 0078.1 in the 
docket). Specifically, ASLRRA notified FRA that one ASLRRA member 
railroad, the Heart of Georgia Railroad, was inadvertently omitted from 
the amended exhibit. Noting that the Heart of Georgia Railroad had 
properly executed the application agreeing to participate in ASLRRA's 
petition and proposed pilot project, and had already filed evidence of 
its employee concurrence with the waiver in the docket as required by 
FRA's March 5, 2010, letter, ASLRRA requested that FRA add the Heart of 
Georgia Railroad to the list of railroads participating in the waiver. 
FRA has done so, subject to public comment on the Heart of Georgia 
Railroad's participation in the waiver.
    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 (Docket Number FRA-2009-0078) and may be 
submitted by any of the following methods:
    <bullet> Web site: http://www.regulations.gov. Follow the online 
instructions for submitting comments.
    <bullet> Fax: 202-493-2251.
    <bullet> Mail: Docket Operations Facility, U.S. Department of 
Transportation, 1200 New Jersey Avenue, SE., W12-140, Washington, DC 
20590.
    <bullet> 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 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 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 December 1, 2010.
Robert C. Lauby,
Deputy Associate Administrator for Regulatory and Legislative 
Operations.
[FR Doc. 2010-30532 Filed 12-6-10; 8:45 am]
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