42956 Federal Register / Vol. 74, No. 163 / Tuesday, August 25, 2009 / Notices 

SMS Rail Lines of New York (Waiver 

Petition Docket Number FRA–2009– 

0067) 

The SMS Rail Lines of New York 

(SNY) seeks a waiver from compliance 

of certain provisions of the Federal 

hours of service law (49 U.S.C. Chapter 

211; HSL). Specifically, SNY requests 

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 hours off duty at the 

employee’s home terminal. 

SNY currently has three train 

employees and is not unionized and not 

subject to any collective bargaining 

agreements. These SNY train employees 

usually work 5 days per week. 

However, the SNY petition states that 

when customer needs develop that 

would necessitate working a shift on the 

6th day, these employees would be 

unable to return to duty without 48 

hours off duty. SNY’s request may be 

viewed at http://www.regulations.gov 

under the docket number listed above. 

The HSL, at 49 U.S.C. 21108(a), 

contemplates that any request for a 

waiver from its requirements will be a 

joint waiver involving the relevant 

railroad carrier(s) and nonprofit 

employee labor organization(s) 

representing the class or craft of directly 

affected covered service employees. 

Because SNY’s covered service 

employees are not represented by any 

employee labor organization, SNY’s 

waiver request is made solely by the 

carrier. FRA recognizes that the intent of 

49 U.S.C. 21108(a) is to ensure that 

covered service employees are provided 

meaningful input into any potential 

waiver of the HSL that would affect 

their work schedules. According, before 

considering the requested relief, FRA is 

requiring that within 30 days of the 

publication date of this notice, SNY 

submit evidence to the docket 

demonstrating that it has sought 

employee input into the waiver request, 

what that employee input was, and that 

it has provided each covered employee 

affected by the request with a copy of 

the waiver petition, along with 

information on how to submit 

comments to FRA on the request. FRA 

will consider this additional 

information, along with all other 

relevant factors, in determining whether 

granting the requested relief would be in 

the public interest and consistent with 

railroad safety. 

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–2009– 

0067) and may be submitted by any of 

the following methods: 

• Web site: http:// 

www.regulations.gov. Follow the online 

instructions for submitting comments. 

• Fax: 202–493–2251. 

• Mail: Docket Operations Facility, 

U.S. Department of Transportation, 1200 

New Jersey Avenue, SE., W12–140, 

Washington, DC 20590. 

• 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 

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 August 18, 

2009. 

John Leeds, 

Director, Office of Safety Analysis. 

[FR Doc. E9–20427 Filed 8–24–09; 8:45 am] 

BILLING CODE 4910–06–P 

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. 

Red River Valley and Western Railroad 

Company 

(Waiver Petition Docket Number FRA– 

2009–0056) 

The Red River Valley and Western 

Railroad Company (RRV&W) seeks a 

waiver from compliance of certain 

provisions of the Federal hours of 

service law (49 U.S.C. Chapter 211; 

HSL). Specifically, RRV&W requests 

relief from 49 U.S.C. 21103(a)(4), which 

states that a train employee may not be 

required, 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 hours off duty at the 

employee’s home terminal. 

RRV&W currently requires three Yard 

Foremen in its Breckenridge, Minnesota, 

facility to initiate an on-duty period in 

6 consecutive days and return to duty 

without 48 hours off duty. The current 

RRV&W Yard schedule includes a 

Monday through Friday morning shift 

beginning at 6 a.m.; a Monday through 

Friday shift beginning at 1:30 p.m.; and 

a single weekend shift on each Saturday 

and Sunday at 7 a.m. The three Yard 

Foreman rotate through these 

assignments via 6 consecutive day starts 

in a manner that permits each Foreman 

working 6 days with one rest day. 

RRV&W maintains that the current 

schedule addresses the issue of fatigue 

through regular and highly predictable 

assignments, which provide a 

substantially safer environment and 

better quality of life for the group. 

RRV&W’s entire petition may be viewed 

at http://www.regulations.gov under the 

docket number listed above. 

The HSL, at 49 U.S.C. 21108(a), 

contemplates that any request for a 

waiver from its requirements will be a 

joint waiver involving the relevant 

railroad carrier(s) and nonprofit 

employee labor organization(s) 

representing the class or craft of directly 

affected covered service employees. 


pwalker on DSK8KYBLC1PROD with NOTICES
Federal Register / Vol. 74, No. 163 / Tuesday, August 25, 2009 / Notices 42957 

FRA understands that the covered 

service employees affected by RRV&W’s 

waiver request are not represented by 

any employee labor organization, and 

accordingly, RRV&W’s waiver request is 

made solely by the carrier. FRA 

recognizes that the intent of 49 U.S.C. 

21108(a) is to ensure that covered 

service employees are provided 

meaningful input into any potential 

waiver of the HSL that would affect 

their work schedules. Accordingly, 

before considering the requested relief, 

FRA is requiring that within 30 days of 

the publication date of this notice, 

RRV&W submit evidence to the docket 

demonstrating that it has sought 

employee input into the waiver request, 

what that employee input was, and that 

it has provided each covered employee 

affected by the request with a copy of 

the waiver petition, along with 

information on how to submit 

comments to FRA on the request. FRA 

will consider this additional 

information, along with all other 

relevant factors, in determining whether 

granting the requested relief would be in 

the public interest and consistent with 

railroad safety. 

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–2009– 

0056) and may be submitted by any of 

the following methods: 

• Web site: http:// 

www.regulations.gov. Follow the online 

instructions for submitting comments. 

• Fax: 202–493–2251. 

• Mail: Docket Operations Facility, 

U.S. Department of Transportation, 1200 

New Jersey Avenue, SE., W12–140, 

Washington, DC 20590. 

• 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 

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 August 18, 

2009. 

John Leeds, 

Director, Office of Safety Analysis. 

[FR Doc. E9–20429 Filed 8–24–09; 8:45 am] 

BILLING CODE 4910–06–P 

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. 

Ellis & Eastern Company (Waiver 

Petition Docket Number FRA–2009– 

0071) 

The Ellis & Eastern Company (EEC) 

seeks a waiver from compliance of 

certain provisions of the Federal hours 

of service law (49 U.S.C. Chapter 211; 

HSL). Although EEC requests waiver 

relief from the requirements of Title 49 

CFR 228.19, FRA believes EEC’s intent 

was to request relief from U.S.C. 

§ 21103(a)(4), and is therefore 

processing the EEC’s request as such. 

Section 21103(a)(4) 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 

hours off duty at the employee’s home 

terminal. 

EEC currently has 6 train employees 

who typically work two assignments 

(0600 and 0700) Monday through 

Saturday, with an occasional Sunday 

assignment during peak periods. EEC’s 

request may be viewed at http:// 

www.regulations.gov under the docket 

number listed above. 

The HSL, at 49 U.S.C. 21108(a), 

contemplates that any request for a 

waiver from its requirements will be a 

joint waiver involving the relevant 

railroad carrier(s) and nonprofit 

employee labor organization(s) 

representing the class or craft of directly 

affected covered service employees. 

FRA understands that the covered 

service employees affected by EEC’s 

waiver request are not represented by 

any employee labor organization, and 

accordingly, EEC’s waiver request is 

made solely by the carrier. FRA 

recognizes that the intent of 49 U.S.C. 

21108(a) is to ensure that covered 

service employees are provided 

meaningful input into any potential 

waiver of the HSL that would affect 

their work schedules. Accordingly, 

before considering the requested relief, 

FRA is requiring that within 30 days of 

the publication date of this notice, EEC 

submit evidence to the docket 

demonstrating that it has sought 

employee input into the waiver request, 

what that employee input was, and that 

it has provided each covered employee 

affected by the request with a copy of 

the waiver petition, along with 

information on how to submit 

comments to FRA on the request. FRA 

will consider this additional 

information, along with all other 

relevant factors, in determining whether 

granting the requested relief would be in 

the public interest and consistent with 

railroad safety. 

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–2009– 

0071) and may be submitted by any of 

the following methods: 

• Web site: http:// 

www.regulations.gov. Follow the online 

instructions for submitting comments. 

• Fax: 202–493–2251. 

• Mail: Docket Operations Facility, 

U.S. Department of Transportation, 1200 

New Jersey Avenue, SE., W12–140, 

Washington, DC 20590. 


pwalker on DSK8KYBLC1PROD with NOTICES