[Federal Register Volume 88, Number 16 (Wednesday, January 25, 2023)]
[Notices]
[Page 4880]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-01450]


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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket Number FRA-2009-0074]


Petition for Extension of Waiver of Compliance

    Under part 211 of title 49 Code of Federal Regulations (CFR), this 
document provides the public notice that by letter dated October 31, 
2022, Canadian National Railway Company (CN), the Transportation 
Division of the International Association of Sheet Metal, Air, Rail, 
and Transportation Workers, and the Brotherhood of Locomotive Engineers 
and Trainmen collectively petitioned the Federal Railroad 
Administration (FRA) for an extension of a waiver of compliance from 
certain provisions of the hours of service laws contained at title 49 
United States Code (U.S.C.) section 21103(a). The relevant FRA Docket 
Number is FRA-2009-0074.
    Specifically, petitioners requested an extension of the existing 
relief from the provisions of 49 U.S.C. 21103(a)(4), which in part, 
provides 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. In support of the 
request, petitioners explained that CN has operated these schedules of 
6 consecutive on-duty periods followed by 24 hours off duty 
successfully since 2002 and that the relief is ``very unlikely to have 
had any impact on any recent safety trends.'' Petitioners further state 
that CN's recent internal review of human factor-caused accidents has 
determined that ``the absence of human factors incidents involving 
persons covered under this waiver demonstrates that continued operation 
under the waiver has not caused a problem with safety.''
    A copy of the petition, as well as any written communications 
concerning the petition, is available for review online at 
www.regulations.gov.
    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 and a public hearing, 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 at http://www.regulations.gov. Follow the online instructions for submitting 
comments.
    Communications received by March 27, 2023 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), the U.S. Department of Transportation (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/privacy-notice for the privacy notice of 
regulations.gov.

    Issued in Washington, DC.
John Karl Alexy,
Associate Administrator for Railroad Safety Chief Safety Officer.
[FR Doc. 2023-01450 Filed 1-24-23; 8:45 am]
BILLING CODE 4910-06-P


