81_FR_1293 81 FR 1287 - Petition for Waiver of Compliance

81 FR 1287 - Petition for Waiver of Compliance

DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration

Federal Register Volume 81, Issue 6 (January 11, 2016)

Page Range1287-1287
FR Document2016-00201

Federal Register, Volume 81 Issue 6 (Monday, January 11, 2016) 
[Federal Register Volume 81, Number 6 (Monday, January 11, 2016)]
[Notices]
[Page 1287]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-00201]


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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket Number FRA-2009-0078]


Petition for Waiver of Compliance

    In accordance with part 211 of Title 49 Code of Federal Regulations 
(CFR), this document provides the public notice that by a document 
dated December 21, 2015, the American Short Line and Regional Railroad 
Association (ASLRRA) petitioned the Federal Railroad Administration 
(FRA) for an amended waiver of compliance from certain provisions of 
the Federal hours of service (HOS) laws contained at 49 U.S.C. 
21103(a)(4), which, in part, require a train employee to receive 48 
hours off duty after initiating an on-duty period for 6 consecutive 
days. FRA assigned the petition Docket Number FRA-2009-0078.
    In its petition, ASLRRA seeks to amend its existing waiver to add 
two member railroads, the Plainsman Switching Company and the South 
Kansas & Oklahoma Railroad Company. The existing HOS waiver was granted 
in a February 27, 2012, letter from FRA. The waiver allows a train 
employee to initiate an on-duty period each day for 6 consecutive days 
followed by 24 hours, rather than 48 hours, off duty.
    Each railroad that seeks to be added to the waiver executed a 
compliance letter, attesting that it complies with all of the employee 
consent requirements that FRA set forth in its initial March 5, 2010, 
decision letter. Additionally, each railroad will maintain the 
underlying employee consent or employee representative consent 
documents in its files for FRA inspection.
    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 (DOT) Docket Operations Facility, 1200 New Jersey 
Avenue 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 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 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 by February 25, 2016 will be considered by 
FRA before final action is taken. Comments received after that date 
will be considered as far as practicable.
    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 document, 
if submitted on behalf of an association, business, labor union, etc.). 
In accordance with 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 www.dot.gov/privacy. 
See also http://www.regulations.gov/#!privacyNotice for the privacy 
notice of regulations.gov.

Robert C. Lauby,
Associate Administrator for Railroad Safety, Chief Safety Officer.
[FR Doc. 2016-00201 Filed 1-8-16; 8:45 am]
BILLING CODE 4910-06-P

Federal Register / Vol. 81, No. 6 / Monday, January 11, 2016 / Notices 1287 petitions for emergency waivers of any personal information the Washington, DC 20590. The Docket safety rules, regulations, or standards commenter provides, to Operations Facility is open from 9 a.m. during an emergency situation or event. www.regulations.gov, as described in to 5 p.m., Monday through Friday, 74 FR 23329. That direct final rule the system of records notice (DOT/ALL– except Federal Holidays. became effective on July 20, 2009, and 14 FDMS), which can be reviewed at Interested parties are invited to made minor modifications to Title 49 www.dot.gov/privacy. See also http:// participate in these proceedings by Code of Federal Regulations (CFR) www.regulations.gov/#!privacyNotice submitting written views, data, or 211.45, Petitions for emergency waiver for the privacy notice of regulations.gov. comments. FRA does not anticipate of safety rules, in FRA’s Rules of Issued in Washington, DC. scheduling a public hearing in Practice, published at 49 CFR part 211, Rules of Practice. Title 49 CFR 211.45, Robert C. Lauby, connection with these proceedings since Paragraph (b) provides that each Associate Administrator for Railroad Safety, the facts do not appear to warrant a Chief Safety Officer. hearing. If any interested party desires calendar year, FRA will establish an ERD in the publicly accessible DOT [FR Doc. 2016–00262 Filed 1–8–16; 8:45 am] an opportunity for oral comment, they docket system (available at http:// BILLING CODE 4910–06–P should notify FRA, in writing, before www.regulations.gov). Title 49 CFR the end of the comment period and 211.45, Paragraph (b) further provides specify the basis for their request. that FRA will publish a notice in the DEPARTMENT OF TRANSPORTATION All communications concerning these Federal Register identifying, by docket Federal Railroad Administration proceedings should identify the number, the ERD for that year. As noted appropriate docket number and may be in the rule, FRA’s purpose for [Docket Number FRA–2009–0078] submitted by any of the following establishing the ERD and emergency methods: waiver procedures is to provide an Petition for Waiver of Compliance • Web site: http:// expedited process for FRA to address In accordance with part 211 of Title the needs of the public and the railroad www.regulations.gov. Follow the online 49 Code of Federal Regulations (CFR), instructions for submitting comments. industry during emergency situations or this document provides the public events. This Notice announces that the • Fax: 202–493–2251. notice that by a document dated designated ERD for calendar year 2016 • Mail: Docket Operations Facility, December 21, 2015, the American Short is Docket Number FRA–2016–0001. U.S. Department of Transportation, 1200 As detailed in 49 CFR 211.45, if the Line and Regional Railroad Association (ASLRRA) petitioned the Federal New Jersey Avenue SE., W12–140, FRA Administrator determines that an Washington, DC 20590. emergency event as defined in 49 CFR Railroad Administration (FRA) for an 211.45(a) has occurred, or that an amended waiver of compliance from • Hand Delivery: 1200 New Jersey imminent threat of such an emergency certain provisions of the Federal hours Avenue SE., Room W12–140, occurring exists, and public safety of service (HOS) laws contained at 49 Washington, DC 20590, between 9 a.m. would benefit from providing the U.S.C. 21103(a)(4), which, in part, and 5 p.m., Monday through Friday, railroad industry with operational relief, require a train employee to receive 48 except Federal Holidays. the emergency waiver procedures of 49 hours off duty after initiating an on-duty Communications received by CFR 211.45 will go into effect. In such period for 6 consecutive days. FRA February 25, 2016 will be considered by an event, the FRA Administrator will assigned the petition Docket Number FRA before final action is taken. issue a statement in the ERD indicating FRA–2009–0078. Comments received after that date will that the emergency waiver procedures In its petition, ASLRRA seeks to be considered as far as practicable. are in effect and FRA will make every amend its existing waiver to add two member railroads, the Plainsman Anyone is able to search the effort to post the statement on its Web site at http://www.fra.dot.gov/. Any Switching Company and the South electronic form of any written party desiring relief from FRA Kansas & Oklahoma Railroad Company. communications and comments regulatory requirements as a result of The existing HOS waiver was granted in received into any of our dockets by the the emergency situation should submit a February 27, 2012, letter from FRA. name of the individual submitting the a petition for emergency waiver in The waiver allows a train employee to comment (or signing the document, if accordance with 49 CFR 211.45(e) and initiate an on-duty period each day for submitted on behalf of an association, (f). Specific instructions for filing 6 consecutive days followed by 24 business, labor union, etc.). In petitions for emergency waivers in hours, rather than 48 hours, off duty. accordance with 5 U.S.C. 553(c), DOT accordance with 49 CFR 211.45 are Each railroad that seeks to be added solicits comments from the public to found at 49 CFR 211.45(f). Specific to the waiver executed a compliance better inform its processes. DOT posts instructions for filing comments in letter, attesting that it complies with all these comments, without edit, including response to petitions for emergency of the employee consent requirements any personal information the waivers are found at 49 CFR 211.45(h). that FRA set forth in its initial March 5, commenter provides, to Anyone is able to search the 2010, decision letter. Additionally, each www.regulations.gov, as described in electronic form of any written railroad will maintain the underlying the system of records notice (DOT/ALL– communications and comments employee consent or employee 14 FDMS), which can be reviewed at received into any of our dockets by the representative consent documents in its www.dot.gov/privacy. See also http:// name of the individual submitting the files for FRA inspection. www.regulations.gov/#!privacyNotice ebenthall on DSK6SPTVN1PROD with NOTICES comment (or signing the document, if A copy of the petition, as well as any for the privacy notice of regulations.gov. submitted on behalf of an association, written communications concerning the business, labor union, etc.). In petition, is available for review online at Robert C. Lauby, accordance with 5 U.S.C. 553(c), DOT www.regulations.gov and in person at Associate Administrator for Railroad Safety, solicits comments from the public to the U.S. Department of Transportation’s Chief Safety Officer. better inform its processes. DOT posts (DOT) Docket Operations Facility, 1200 [FR Doc. 2016–00201 Filed 1–8–16; 8:45 am] these comments, without edit, including New Jersey Avenue SE., W12–140, BILLING CODE 4910–06–P VerDate Sep<11>2014 21:33 Jan 14, 2016 Jkt 238001 PO 00000 Frm 00125 Fmt 4703 Sfmt 4703 E:\FR\FM\11JAN1.SGM 11JAN1


Document Created: 2016-01-16 01:05:49
Document Modified: 2016-01-16 01:05:49
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
FR Citation81 FR 1287 
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