[Federal Register Volume 83, Number 220 (Wednesday, November 14, 2018)]
[Notices]
[Pages 56912-56913]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-24825]


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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket Number FRA-2009-0078]


Petition for Waiver of Compliance

    Under part 211 of Title 49 Code of Federal Regulations (CFR), this 
document provides the public notice that on September 20, 2018, the 
American Short Line Railroad Association (ASLRRA) petitioned the 
Federal Railroad Administration (FRA) for an amended waiver of 
compliance from certain provisions of the Federal hours of service laws 
contained at 49 U.S.C. 21103(a)(4), which, in part, require a train 
employee to receive 48 hours off duty after initiating an on-duty 
period for six consecutive days. FRA assigned the petition Docket 
Number FRA-2009-0078.
    ASLRRA's waiver of 49 U.S.C. 21103(a)(4)(A), granted under the 
terms and conditions contained in FRA's initial March 5, 2010 decision 
letter, and extended by FRA's decision letter dated February 27, 2012, 
permits participating railroads to allow train employees to work six 
consecutive days followed by 24 hours of rest before returning to work. 
One condition of the waiver excludes work occurring between the hours 
of midnight and six a.m. ASLRRA requests to expand the waiver to 
include work between the hours of midnight and six a.m. for those 
railroads identified in the petition who agree to participate in this 
Pilot Project. ASLRRA contends ``the data justifies a pilot project to 
test its preliminary conclusion that appropriate mitigation techniques 
can adequately offset fatigue risks associated with extending the 
waiver from midnight to six a.m.''
    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 parties 
desire 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

[[Page 56913]]

appropriate docket number and may be submitted by any of the following 
methods:
     website: 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 by December 31, 2018 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), 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/privacyNotice for the 
privacy notice of regulations.gov.

    Issued in Washington, DC.
Robert C. Lauby,
Associate Administrator for Railroad Safety Chief Safety Officer.
[FR Doc. 2018-24825 Filed 11-13-18; 8:45 am]
 BILLING CODE 4910-06-P


