[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:
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 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]
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