
[Federal Register Volume 76, Number 54 (Monday, March 21, 2011)]
[Notices]
[Pages 15363-15364]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-6529]


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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.

American Short Line and Regional Railroad Association

[Waiver Petition Docket Number FRA-2009-0078]

    In response to the American Short Line and Regional Railroad 
Association's (ASLRRA) July 16, 2009, petition in this docket, FRA 
granted certain identified ASLRRA member railroads limited conditional 
relief from the Federal hours of service law (HSL; 49 U.S.C. chapter 
211). Specifically, FRA granted the identified ASLRRA member railroads 
listed on ASLRRA's ``Seconded Amended Exhibit A'' in this docket relief 
from 49 U.S.C. 21103(a)(4)(A). (See FRA letter dated March 5, 2010; 
document number--0008.1 in docket). Section 21103(a)(4)(A) mandates 
that train employees have 48- or 72-hour off-duty periods following the 
initiation of on-duty periods on either 6 or 7 consecutive days.
    By a letter dated November 29, 2010, ASLRRA notified FRA of an 
error in its ``Second Amended Exhibit A'' upon which FRA based its 
initial grant of relief. (See document number--0091.1 in docket). 
Specifically, ASLRRA notified FRA that one ASLRRA member railroad, the 
Brownsville & Rio Grande International Railroad (BRG), was 
inadvertently omitted from the amended exhibit. Noting that BRG had 
properly executed the application agreeing to participate in ASLRRA's 
petition and proposed pilot project, and had already filed evidence of 
its employee concurrence with the waiver in the docket as required by 
FRA's March 5, 2010, letter, ASLRRA requested that FRA add BRG to the 
list of railroads participating in the waiver. FRA has done so, subject 
to public comment on BRG's participation in the waiver.
    Interested parties are invited to participate in these proceedings 
by submitting written views, data, or comments. FRA does not anticipate

[[Page 15364]]

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-
2009-0078) 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 (Volume 65, Number 70; 
Page 19477) or at http://www.dot.gov/privacy.html.

    Issued in Washington, DC, on March 16, 2011.
John G. Leeds, Jr.,
Director, Office of Safety Analysis.
[FR Doc. 2011-6529 Filed 3-18-11; 8:45 am]
BILLING CODE 4910-06-P


