19974 Federal Register / Vol. 61, No. 87 / Friday, May 3, 1996 / Notices

1The ICC Termination Act of 1995, Pub. L. No.

104–88, 109 Stat. 803 (ICCTA), which was enacted

on December 29, 1995, and took effect on January

1, 1996, abolished the Interstate Commerce

Commission and transferred certain functions and

proceedings to the Board.

Federal Railroad Administration

[FRA Docket Number HS–95–14]

Petition for Waiver of Compliance

Association of American Railroads

In accordance with title 49 CFR 211.9

and 211.41, notice is hereby given that

the Association of American Railroads

(AAR), trade association of railroads,

has petitioned the Federal Railroad

Administration (FRA), on behalf of its

members and other interested railroads,

for exemption from or waiver of

compliance with a requirement of its

safety standards. The petition is

descried below, including the regulatory

provisions involved, and the nature of

the relief being requested.

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 of their request.

All communications concerning these

proceedings should identify the

appropriate waiver petition docket

number (e.g., Waiver Petition Docket

Number HS–95–14) and must be

submitted in triplicate to the Docket

Clerk, Office of Chief Counsel, Federal

Railroad Administration, Nassif

Building, 400 Seventh Street SW.,

Washington, DC 20590.

Communications received within 45

days of the date of publication 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. to 5 p.m.) in room 8201,

Nassif Building, 400 Seventh Street

SW., Washington, DC 20590.

The AAR, acting as a representative

for its association members requests a

master waiver of compliance with

certain provisions of FRA Safety

Regulations (Hours of Service of

Railroad Employees). The master waiver

requested seeks relief from Title 49

Code of Federal Regulations (CFR) Part

228.9(a)(1) for railroads utilizing a

computerized system of recording hours

of duty data. Part 228.9(a)(1) requires

that records maintained under Part 228

be signed by the employee whose time

is being recorded, or in the case of train

and engine crews, signed by the ranking

crew member.

The AAR is proposing that railroads

seeking to establish a computerized

system of recording hours of duty

information apply to FRA for approval

under the master waiver. Applications

should specify the covered service

function (train/engine/yard, dispatcher/

operator and/or signal) for which

signature relief is requested.

When accessing the computer for

input of the hours of duty record,

required by Part 228.11, the AAR

proposes that a secure password or

personal identification number ‘‘pin’’

will be utilized and will not appear on

the computer screen when the employee

enters his or her password or ‘‘pin.’’ The

password or ‘‘pin’’ is proposed to satisfy

the signature requirements of Part

228.9(a)(1). The AAR maintains the

master waiver will reduce the burden of

individual waivers on each railroad

seeking similar technological advances

to modernize recordkeeping. After

adequate testing and compliance

verified, a railroad making request for

inclusion under the master waiver may

be granted relief from the signature

provisions of Part 228.9.

FRA’s basic criteria for an electronic

‘‘signatureless’’ hours of duty

recordkeeping system, established

under a prior waiver application, is as

follows. For purposes of inspection and

printing, the electronically displayed

record of any proposed computerized

hours of duty recordkeeping system

should be: (1) Crew based, by train or

job symbol, and (2) duty tour oriented.

The record should include all covered

and commingled service within a duty

tour. The system must also meet the

following three general requirements.

1. Security. The integrity of the

program and data base must be

protected by a security system that

restricts access to data input and

protects against any alteration of the

original record after entry. The security

system should utilize an employee

identification and secure password

technique or a comparable method that

establishes levels of program access.

2. Audit Trail. The program must

include the capability to uniquely

identify the inputing individual. Since

one record may have more than one

inputor, the program must be able to

‘‘split’’ the base record into component

records that identify data entered by

specific individuals. In addition, the

program must be accessible through

various railroad field locations and

remote non-railroad locations. The latter

may be accomplished through the use of

a modem connection between the

railroad and FRA.

3. Program Logic. The program must

satisfy the requirements of 49 CFR Part

228.11. The program must address all

possible reporting events required in

Part 228.11 consistent with FRA’s

application of the Federal hours of

service law.

During the waiver review process, if

the railroad wishes to test

‘‘signatureless’’ hours of duty

recordkeeping, the railroad must

maintain a parallel system utilizing

signed ‘‘hard copies’’ in addition to the

electronic data being tested. The

railroad should develop an electronic

data base sufficient to facilitate a field

review by FRA. The railroad may elect

to implement electronic recordkeeping

along function, division or craft

boundaries. Therefore, the data offered

for FRA review should include all

covered service within the parameters of

the requested relief.

Instructional guides, based on covered

service functions, are available by direct

contact (Dan Norris 202 366–0503) or

mailing request to the Federal Railroad

Administration, Operating Practice

Division—RRS11, 400 Seventh Street,

SW., Washington, DC 20590 ATTN: Dan

Norris.

Issued in Washington, DC on April 29,

1996.

Phil Olekszyk,

Deputy Association Administrator for Safety

Compliance and Program Implementation.

[FR Doc. 96–10964 Filed 5–2–96; 8:45 am]

BILLING CODE 4910–06–M

Surface Transportation Board

[Ex Parte No. MC–198 (Sub-No. 1)]

Policy Statement on Motor Contract

Requirements Under the Negotiated

Rates Act of 1993

AGENCY: Surface Transportation Board

(Board),1 DOT.

ACTION: Termination of Proceeding.

SUMMARY: The Board is terminating this

proceeding in which the Interstate

Commerce Commission (ICC) had

solicited comment on its policy

statement explaining and interpreting

statutory requirements governing the

form and minimum content

requirements for transportation

agreements executed by motor contract

carriers.

DATES: This action is made on May 3,

1996.

FOR FURTHER INFORMATION CONTACT:

Michael L. Martin, (202) 927–6033;
Federal Register / Vol. 61, No. 87 / Friday, May 3, 1996 / Notices 19975

2Those statutory requirements were adopted in

section 6 of the Negotiated Rates Act of 1993 (Pub.

L. No. 103–180) (NRA).

3Section 204(b)(3) of the ICCTA provides that,

‘‘in the case of a proceeding under a provision of

law repeal[ed], and not reenacted, by this Act such

proceeding shall be terminated.’’

4Section 204(a) of the ICCTA provides that ‘‘[t]he

Board shall promptly rescind all regulations

established by the Interstate Commerce Commission

that are based on provisions of law repealed and not

substantively reenacted by this Act.’’

[TDD for the hearing impaired: (202)

927–5721].

SUPPLEMENTARY INFORMATION: In a Policy

Statement served February 28, 1994 [10

I.C.C.2d 53], and published at 59 FR

10166 (March 3, 1994), the ICC

explained and interpreted statutory

requirements governing the form and

minimum content requirements for

transportation agreements executed by

motor contract carriers.2 The notice

provided for public comment.

However, the ICCTA repealed and did

not reenact section 6 of the NRA.

Because the statutory provision that

precipitated the policy statement has

been repealed and not reenacted, we are

terminating this proceeding pursuant to

the provisions of section 204(b)(3) of the

ICCTA, 3 and we are vacating the prior

policy statement pursuant to the

provisions of section 204(a) of that Act.4

Authority: 49 U.S.C. 721(a); Sections

204(a) and 204(b)(3) of the ICC Termination

Act of 1995, Pub. L. No. 104–88.

Decided: April 17, 1996.

By the Board, Chairman Morgan, Vice

Chairman Simmons, and Commissioner

Owen.

Vernon A. Williams,

Secretary.

[FR Doc. 96–11088 Filed 5–2–96; 8:45 am]

BILLING CODE 4915–00–P

UNITED STATES INSTITUTE OF

PEACE

Sunshine Act Meeting

AGENCY: United States Institute of Peace.

DATE/TIME: Thursday-Saturday, May 16–

18, 1996.

LOCATION: Airlie Conference Center,

Airlie, Virginia.

STATUS: Open Session—Portions may be

closed pursuant to Subsection (c) of

Section 552(b) of Title 5, United States

Code, as provided in subsection

1706(h)(3) of the United States Institute

of Peace Act, Public Law 98–525.

AGENDA: May Board Meeting and

Annual Board/Senior Staff Program

Review; Approval of Minutes of the

Seventy-fifth Meeting of the Board of

Directors; Chairman’s Report;

President’s Report; Committee Reports;

Approval of Solicited Grants; Selection

of 1996–1997 Peace Scholars and Senior

Fellows; Selection of 1996 National

Essay Contest Winners; Other General

Issues.

CONTACT: Dr. Sheryl Brown, Director,

Office of Communications, Telephone:

(202) 457–1700.

Dated: May 1, 1996.

Charles E. Nelson,

Vice President for Management and Finance,

United States Institute of Peace.

[FR Doc. 96–11178 Filed 5–1–96; 1:19 pm]

BILLING CODE 6820–AR–M