Federal Register / Vol. 74, No. 163 / Tuesday, August 25, 2009 / Notices 42955 

Conditions for Approval 

This notice of approval does not 

provide relief from any other 

requirements of the Hazardous Materials 

Regulations (49 CFR Parts 171–180) 

except as stated herein. Lithium metal 

batteries continue to be prohibited 

onboard passenger-carrying aircraft 

except as provided in Special Provision 

A101 of § 172.101(c)(2). This approval is 

effective August 25, 2009 until 

terminated by the Associate 

Administrator for Hazardous Materials 

Safety. 

Modes of Transportation Authorized 

Motor vehicle, passenger and cargo 

aircraft, cargo vessel, and rail. 

General Provisions 

Failure by any person using this 

approval to comply with the terms and 

conditions of this approval or the HMR 

may result in suspension or termination 

of the authority to use this approval. 

Failure to comply may also subject 

persons to penalties prescribed in 49 

U.S.C. 5123 and 5124. 

Issued in Washington, DC, on August 18, 

2009. 

Robert Richard, 

Acting Associate Administrator for 

Hazardous Materials Safety. 

[FR Doc. E9–20343 Filed 8–24–09; 8:45 am] 

BILLING CODE 4910–60–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. 

SMS Rail Service (Waiver Petition 

Docket Number FRA–2009–0068) 

The SMS Rail Service (SLRS) seeks a 

waiver from compliance of certain 

provisions of the Federal hours of 

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

HSL). Specifically, SLRS 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. 

SLRS is not unionized and is not 

subject to any collective bargaining 

agreements. In current operations, SLRS 

train employees voluntarily work 6 days 

per week. Under the provisions of 

U.S.C. § 21103(a)(4), these employees 

would be prohibited from returning to 

duty without 48 hours off duty 

following the volunteer day. The entire 

SLRS 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. 

Because SLRS’s covered service 

employees are not represented by any 

employee labor organization, SLRS’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, SLRS 

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– 

0068) 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. E9–20428 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. 


pwalker on DSK8KYBLC1PROD with NOTICES
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