[Federal Register Volume 75, Number 232 (Friday, December 3, 2010)]
[Notices]
[Pages 75542-75543]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-30308]


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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.

Albany Port Railroad Corporation

[Waiver Petition Docket Number FRA-2010-0164]

    The Albany Port Railroad (APRR) and the United Transportation Union 
(UTU) (together referred to as ``Petitioners'') jointly seek a waiver 
from compliance of a certain provision of the Federal Hours of Service 
Laws (49 U.S.C. Chapter 211; HSL). Specifically, APRR and UTU request 
relief from 49 U.S.C. 21103(a)(4), which states that a train employee 
may not be required, or allowed to remain, or go on duty after that 
employee has initiated an on-duty period each day for 6 consecutive 
days unless that employee has had at least 48 consecutive hours off-
duty at the employee's home terminal. In support of the request for 
relief, the petitioners explain that UTU is the sole

[[Page 75543]]

representing authority for all train employees on APRR.
    Further, the petitioner's explain that APRR currently has four 
train employees of which three work a single regular assignment Monday 
through Friday, beginning at 6:00 a.m. and usually ending at 1:00 p.m. 
The remaining employee holds a relief position and works for the other 
three employees when they require a day off. The work is always 
performed within the confines of the Albany Port, which consists of 5 
miles per hour yard tracks. The crew will occasionally work on 
Saturdays when a train is delivered and needs to be switched, thus the 
request for relief from 49 U.S.C. 21103(a)(4). On these occasions, when 
the crew is required to work Saturday, they usually receive at least 36 
hours or more off prior to reporting for duty on Monday.
    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 FRA-
2010-0164) 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 45 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 document (or signing the 
document, 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 (65 FR 19477) or at 
http://www.dot.gov/privacy.html.

    Issued in Washington, DC on November 29, 2010.
Robert C. Lauby,
Deputy Associate Administrator for Regulatory and Legislative 
Operations.
[FR Doc. 2010-30308 Filed 12-2-10; 8:45 am]
BILLING CODE 4910-06-P