
[Federal Register Volume 82, Number 193 (Friday, October 6, 2017)]
[Notices]
[Pages 46885-46886]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-21511]


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 DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket Number FRA-2001-10948]


Petition for Waiver of Compliance

    Under part 211 of Title 49 of the Code of Federal Regulations 
(CFR), this document provides the public notice that on September 11, 
2017, Central Montana Rail, Inc. (CMR) petitioned the Federal Railroad 
Administration (FRA) for a waiver of compliance from certain provisions 
of the hours of service laws contained at Title 49 United States Code 
Section 21103(a) under authority of section 21102(b). FRA assigned the 
petition docket number FRA-2001-10948.
    CMR requested an extension of its existing waiver of relief from 
the provisions of 49 U.S.C. 21103(a), which prohibits a train employee 
from remaining or going on duty for a period in excess of 12 
consecutive hours. 49 U.S.C. 21102(b) allows railroads with 15 or fewer 
employees to be exempted from the restriction outlined at 49 U.S.C. 
21103(a)(2), but the exemption may not authorize a carrier to require 
or allow its employees to be on duty more than a total of 16 hours in a 
24-hour period. In support of its request, CMR explained that the 
allowance for train crews to accumulate up to 16 hours of time on duty 
has not impacted safety negatively, and is only used occasionally, to 
address unusual circumstances such as weather, traffic peaks, and 
employee illness. CMR states that its operation continues on 
approximately the same scale as when the initial waiver was granted, 
with seven regular full-time employees. 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 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 hearing. If any interested parties 
desire 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

[[Page 46886]]

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 November 20, 2017 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.

Robert C. Lauby,
Associate Administrator for Railroad Safety, Chief Safety Officer.
[FR Doc. 2017-21511 Filed 10-5-17; 8:45 am]
 BILLING CODE 4910-06-P


