
[Federal Register: February 3, 2010 (Volume 75, Number 22)]
[Notices]               
[Page 5640]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr03fe10-101]                         

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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket Number FRA-2009-0086]

 
Petition for Waiver of Compliance; Notice of Petition for 
Statutory Exemption

    In accordance with 49 U.S.C. 21102(b), the American Short Line and 
Regional Railroad Association (ASLRRA), on behalf of its members, has 
petitioned the Federal Railroad Administration (FRA) for an exemption 
from certain provisions of the hours of service laws (HSL) (49 U.S.C. 
Chapter 211). Specifically, ASLRRA has requested an exemption from the 
requirements of 49 U.S.C. 21103(a)(1) and 49 U.S.C. 21103(a)(4)(a) for 
certain of its member railroads that have 15 or less employees covered 
by the HSL.
    ASLRRA notes that its petition for exemption in this docket is 
related to its waiver petition in Docket Number FRA-2009-0078, except 
that its exemption request is limited to certain member railroads that 
have 15 or less employees covered by the HSL. In its waiver petition, 
ASLRRA seeks a waiver of the statutory requirement contained in 49 
U.S.C. 21103(a)(1), limiting train employees to 276 hours per calendar 
month for member railroads' management employees who perform limited 
service as train employees for not more than 25% of their monthly hours 
in the service to the railroads. In its waiver petition, ASLRRA also 
seeks relief from 49 U.S.C. 21103(a)(4)(a), which requires railroads to 
provide train employees 48 hours of rest after an employee has 
initiated an on-duty period on 6 consecutive days and 72 hours of rest 
after an employee has initiated an on-duty period on 7 consecutive 
days. In its petition for exemption in this docket, ASLRRA further 
notes that the railroads that are the subject of its exemption request 
are the ``smallest of the small railroads.'' ASLRRA further expresses 
the view that in 49 U.S.C. 21102(b), ``Congress granted FRA the broad 
power simply to exempt these small carriers'' from the HSL. The entire 
ASLRRA petition may be reviewed online at http://www.regulations.gov 
under Docket Number FRA-2009-0086.
    As ASLRRA notes in its petition, 49 U.S.C. 21102(b) provides that 
the Secretary of Transportation (Secretary) may, with certain 
limitations, exempt a railroad carrier having not more than 15 
employees covered by the HSL from the requirements of Chapter 211. 
Specifically, 49 U.S.C. 21102(b) provides that the Secretary may allow 
the exemption after a full hearing, for good cause shown, and on 
deciding that the exemption is in the public interest and will not 
affect safety adversely. The exemption must be for a specific period of 
time and subject to review at least annually. This authority is 
delegated to FRA pursuant to 49 CFR 1.49.
    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, 
however, if any interested party desires an opportunity for oral 
comment, they should notify FRA, in writing, before the end of the 
comment period and FRA will provide such an opportunity.
    All communications concerning these proceedings should identify the 
appropriate docket number (e.g., Docket Number FRA-2009-0086) 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 comment (or signing the comment, 
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; Pages 
19477-78).

    Issued in Washington, DC on January 28, 2010.
Grady C. Cothen, Jr.,
Deputy Associate Administrator for Safety Standards and Program 
Development.
[FR Doc. 2010-2246 Filed 2-2-10; 8:45 am]
BILLING CODE 4910-06-P

