
[Federal Register: August 25, 2009 (Volume 74, Number 163)]
[Notices]               
[Page 42955-42956]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr25au09-126]                         

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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.

[[Page 42956]]

SMS Rail Lines of New York (Waiver Petition Docket Number FRA-2009-
0067)

    The SMS Rail Lines of New York (SNY) seeks a waiver from compliance 
of certain provisions of the Federal hours of service law (49 U.S.C. 
Chapter 211; HSL). Specifically, SNY requests 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 hours off duty at the employee's home terminal.
    SNY currently has three train employees and is not unionized and 
not subject to any collective bargaining agreements. These SNY train 
employees usually work 5 days per week.
    However, the SNY petition states that when customer needs develop 
that would necessitate working a shift on the 6th day, these employees 
would be unable to return to duty without 48 hours off duty. SNY's 
request 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. Because SNY's covered service employees are 
not represented by any employee labor organization, SNY'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. According, before considering the 
requested relief, FRA is requiring that within 30 days of the 
publication date of this notice, SNY 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-
2009-0067) 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. E9-20427 Filed 8-24-09; 8:45 am]

BILLING CODE 4910-06-P
