
[Federal Register Volume 78, Number 188 (Friday, September 27, 2013)]
[Notices]
[Page 59756]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-23575]


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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket Number FRA-2009-0065]


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 letter dated 
September 5, 2013, BNSF Railway Company (BNSF) and the Brotherhood of 
Locomotive Engineers and Trainmen (BLET) have jointly petitioned the 
Federal Railroad Administration (FRA) for an extension of their waiver 
of compliance from certain provisions of the Federal hours of service 
laws contained at 49 U.S.C. 21103(a)(4). FRA assigned the petition 
Docket Number FRA-2009-0065.
    In their petition, BNSF and BLET seek relief from 49 U.S.C. 
21103(a)(4), which, in part, requires a train employee to receive 48 
hours off duty after initiating an on-duty period each day for 6 
consecutive days. Specifically, BNSF and BLET seek an extension of the 
waiver to allow a train employee to initiate an on-duty period each day 
for 6 consecutive days followed by 24 hours off duty at the 17 
locations identified in their petition. In support of the request, BNSF 
provided the results from an analysis of its safety data to demonstrate 
that there is no difference in the rate of human factors incidents 
between the jobs working under the waiver and similar jobs working 
without the waiver.
    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 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 November 12, 2013 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.). 
See http://www.regulations.gov/#!privacyNotice for the privacy notice 
of regulations.gov or interested parties may review DOT's complete 
Privacy Act Statement in the Federal Register published on April 11, 
2000 (65 FR 19477).

Robert C. Lauby,
Deputy Associate Administrator for Regulatory and Legislative 
Operations.
[FR Doc. 2013-23575 Filed 9-26-13; 8:45 am]
BILLING CODE 4910-06-P


