[Federal Register Volume 84, Number 209 (Tuesday, October 29, 2019)]
[Notices]
[Pages 57943-57944]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-23590]
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DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
[Docket Number FRA-2019-0080]
Petition for Waiver of Compliance
Under part 211 of title 49 Code of Federal Regulations (CFR), this
document provides the public notice that on September 18, 2019, the
American Short Line and Regional Railroad Association (ASLRRA), on
behalf of its members, petitioned the Federal Railroad Administration
(FRA) for a waiver of compliance from certain provisions of the Federal
hours of service laws contained at 49 U.S.C. 21103(a)(4)(A), which, in
part, require a train employee to receive 48 hours off duty after
initiating an on-duty period for six consecutive days. FRA assigned the
petition Docket Number FRA-2019-0080.
Specifically, ASLRRA seeks a comprehensive waiver of relief from
(1) the statutory rest requirements contained in 49 U.S.C.
21103(a)(4)(A); and (2) approval of a pilot project to demonstrate the
safety of adopting fatigue mitigation plans on Class II and Class III
railroads in lieu of strict compliance with the requirements of these
statutory provisions.
ASLRRA's existing waiver of 49 U.S.C. 21103(a)(4)(A), granted under
the terms and conditions contained in FRA's initial March 5, 2010
decision letter, and extended by FRA's decision letter dated February
27, 2012, permits participating railroads to allow train employees to
work six consecutive days followed by 24 hours of rest before returning
to work. See Docket Number FRA-2009-0078. One condition of the waiver
excludes work occurring between the hours of midnight and six a.m.
ASLRRA requests to expand the waiver to include work between the hours
of midnight and six a.m. for those railroads identified in the
petition. It also seeks approval of a pilot project to validate
preliminary data results suggesting that employing fatigue mitigating
techniques would eliminate any adverse consequences from extending
ASLRRA's existing waiver to those hours. ASLRRA states that employee
participation in the waiver will be voluntary and all employees covered
by the waiver will be provided information about the waiver and pilot.
A copy of the petition, as well as any written communications
concerning the petition, is available for review online at
www.regulations.gov and in person at the U.S. Department of
Transportation's Docket Operations Facility, 1200 New Jersey Ave. SE,
W12-140, Washington, DC 20590. The Docket Operations Facility is open
from 9 a.m. to 5 p.m., Monday through Friday, except Federal Holidays.
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
[[Page 57944]]
hearing. If any interested parties desire an opportunity for oral
comment and a public hearing, 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 and may be submitted by any of the following
methods:
Website: 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 by December 13, 2019 will be considered by
FRA before final action is taken. Comments received after that date
will be considered if practicable.
Anyone can 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 document, if
submitted on behalf of an association, business, labor union, etc.).
Under 5 U.S.C. 553(c), DOT solicits comments from the public to better
inform its processes. DOT posts these comments, without edit, including
any personal information the commenter provides, to
www.regulations.gov, as described in the system of records notice (DOT/
ALL-14 FDMS), which can be reviewed at https://www.transportation.gov/privacy. See also https://www.regulations.gov/privacyNotice for the
privacy notice of regulations.gov.
Issued in Washington, DC.
John Karl Alexy,
Associate Administrator for Railroad Safety, Chief Safety Officer.
[FR Doc. 2019-23590 Filed 10-28-19; 8:45 am]
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