
[Federal Register Volume 79, Number 234 (Friday, December 5, 2014)]
[Notices]
[Pages 72242-72243]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-28518]


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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket Number FRA-2009-0074]


Petition for Waiver of Compliance

    In accordance with Part 211 of Title 49 Code of Federal 
Regulations, this document provides the public notice that by a 
document dated October 14, 2014, the Canadian National Railway Company 
(CN), Brotherhood of Locomotive Engineers and Trainmen (BLET), and 
International Association of Sheet Metal, Air, Rail and Transportation 
Workers (SMART), 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-
2009-0074.
    In their petition, CN, BLET, and SMART 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 for 6 consecutive 
days. Specifically, CN, BLET, and SMART seek a waiver to allow a train 
employee to initiate an on-duty period, each day, for 6 consecutive 
days followed by 24 hours off duty. In support of the request, CN, 
BLET, and SMART explained that CN has operated these schedules of 6 
consecutive on-duty periods followed by 24 hours off duty successfully 
since 2002. CN, BLET, and SMART indicate that these schedules have not 
had an adverse impact on safety.
    CN provided work schedules for the employees covered by the waiver, 
which shows them reporting for work within pre-set 4-hour calling 
spreads with a regular rest day. CN also provided an analysis of the 
most current 12-month period of train-employee on-duty human factor-
related accidents and injuries. CN indicates that its analyses revealed 
that of the 22 human factor-related accidents involving CN employees in 
the preceding 12 months, none involved employees covered under the 
waiver working 6 consecutive days followed by 24 hours off duty. 
Finally, CN said that all employees covered by the waiver were provided 
information about the waiver extension petition, and that there were no 
objections to the waiver extension by these 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 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.

[[Page 72243]]

     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 January 20, 2015 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 viewed at www.dot.gov/privacy. 
See also http://www.regulations.gov/#!privacyNotice for the privacy 
notice of regulations.gov.

    Issued in Washington, DC, on December 1, 2014.
Ron Hynes,
Director, Office of Technical Oversight.
[FR Doc. 2014-28518 Filed 12-4-14; 8:45 am]
BILLING CODE 4910-06-P


