
[Federal Register: August 25, 2009 (Volume 74, Number 163)]
[Notices]               
[Page 42956-42957]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr25au09-127]                         

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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.

Red River Valley and Western Railroad Company

(Waiver Petition Docket Number FRA-2009-0056)

    The Red River Valley and Western Railroad Company (RRV&W) seeks a 
waiver from compliance of certain provisions of the Federal hours of 
service law (49 U.S.C. Chapter 211; HSL). Specifically, RRV&W requests 
relief from 49 U.S.C. 21103(a)(4), which states that a train employee 
may not be required, 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 hours off duty at the 
employee's home terminal.
    RRV&W currently requires three Yard Foremen in its Breckenridge, 
Minnesota, facility to initiate an on-duty period in 6 consecutive days 
and return to duty without 48 hours off duty. The current RRV&W Yard 
schedule includes a Monday through Friday morning shift beginning at 6 
a.m.; a Monday through Friday shift beginning at 1:30 p.m.; and a 
single weekend shift on each Saturday and Sunday at 7 a.m. The three 
Yard Foreman rotate through these assignments via 6 consecutive day 
starts in a manner that permits each Foreman working 6 days with one 
rest day. RRV&W maintains that the current schedule addresses the issue 
of fatigue through regular and highly predictable assignments, which 
provide a substantially safer environment and better quality of life 
for the group. RRV&W's entire petition may be viewed at http://
www.regulations.gov under the docket number listed above.
    The HSL, at 49 U.S.C. 21108(a), contemplates that any request for a 
waiver from its requirements will be a joint waiver involving the 
relevant railroad carrier(s) and nonprofit employee labor 
organization(s) representing the class or craft of directly affected 
covered service employees.

[[Page 42957]]

FRA understands that the covered service employees affected by RRV&W's 
waiver request are not represented by any employee labor organization, 
and accordingly, RRV&W's waiver request is made solely by the carrier. 
FRA recognizes that the intent of 49 U.S.C. 21108(a) is to ensure that 
covered service employees are provided meaningful input into any 
potential waiver of the HSL that would affect their work schedules. 
Accordingly, before considering the requested relief, FRA is requiring 
that within 30 days of the publication date of this notice, RRV&W 
submit evidence to the docket demonstrating that it has sought employee 
input into the waiver request, what that employee input was, and that 
it has provided each covered employee affected by the request with a 
copy of the waiver petition, along with information on how to submit 
comments to FRA on the request. FRA will consider this additional 
information, along with all other relevant factors, in determining 
whether granting the requested relief would be in the public interest 
and consistent with railroad safety.
    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-
2009-0056) 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 comment (or signing the comment, 
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 (Volume 65, Number 70; Pages 
19477-78).

    Issued in Washington, DC on August 18, 2009.
John Leeds,
Director, Office of Safety Analysis.
[FR Doc. E9-20429 Filed 8-24-09; 8:45 am]

BILLING CODE 4910-06-P
