
[Federal Register: October 27, 2009 (Volume 74, Number 206)]
[Notices]               
[Page 55286]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr27oc09-125]                         

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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.

Central California Traction Company & the United Transportation Union

[Waiver Petition Docket Number FRA-2009-0077]

    The Central California Traction Company (CCT) and the United 
Transportation Union (UTU) jointly seek a waiver from compliance of the 
provisions of 49 U.S.C. 21103(a)(4), which 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.
    The parties state that provisions of their current collective 
bargaining agreements provide for an enhanced level of rest and safety 
for employees working regular or extra board assignments that is 
superior to the conditions imposed by 49 U.S.C. 21103(a)(4). 
Specifically, the agreements provide for four regular assignments 
working Monday through Friday, with regular starting times. Extra 
assignments are operated on weekends, usually one on Saturday and one 
on Sunday. Employees are called on Friday afternoon for the weekend 
assignments with Extra board employees, who fill vacancies in regular 
and extra weekend assignments, are subject to call during certain 
calling windows, and have one scheduled day off. CCT crews always 
complete their assignments and spend their off-duty periods at their 
home terminal. These provisions would be combined with compliance with 
other provisions of the hours of service laws, including a minium of 10 
hours of undisturbed rest between assignments, and employees not 
exceeding 276 hours of service a month. At the time of this petition, 
CCT had 16 employees in train and engine service; 12 on regular 
assignments and the remainder on the extra board. The petition 
submitted by CCT and UTU may be viewed at http: //www.regulations.gov 
under the docket number listed above.
    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-
2009-0077) 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 document (or signing the 
document, 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 (65 FR 19477) or at 
http://www.dot.gov/privacy.html.

    Issued in Washington, DC on October 21, 2009.
Grady C. Cothen, Jr.,
Deputy Associate Administrator for Safety Standards and Program 
Development.
[FR Doc. E9-25817 Filed 10-26-09; 8:45 am]

BILLING CODE 4910-06-P
