
[Federal Register: October 1, 2010 (Volume 75, Number 190)]
[Notices]               
[Page 60860-60861]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr01oc10-126]                         

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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.

Port Manatee Railroad

[Waiver Petition Docket Number FRA-2010-0091]

    The Port Manatee Railroad (PMRR) seeks a waiver of relief from the 
statutory requirements of 49 U.S.C. 21103(a)(4), whereby train 
employees have 48 or 72-hour off-duty periods following the initiation 
of on-duty

[[Page 60861]]

periods of either 6 or 7 consecutive days. PMRR is a marine terminal-
switching railway operated on Manatee County Authority property at Port 
Manatee in Palmetto, Florida. PMRR provides support in vessel loading/
discharge cargo operations and is not part of the General Railroad 
system of transportation. To avoid substantial operational and 
financial burdens and, at the same time, maintain a level of 
appropriate service to vessels while ensuring a safe working 
environment for its employees, a waiver request was submitted to FRA 
for approval.
    PMRR currently has 6 train and engine service employees who 
typically work three assignments as follows: (1) A regular shift 
between 8 a.m. and 5 p.m.; (2) an overtime shift between 8 a.m. and 8 
p.m.; and (3) a split shift that includes 8 a.m. to noon, an 8 hour 
break, followed by 8 p.m. to 8 a.m. PMRR reports that its employees are 
not unionized, and with its waiver request, the railroad filed 
documentation indicating that its employees unanimously support the 
request for relief. PMRR's entire petition 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-
2010-0091) 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 September 27, 2010.
Robert C. Lauby,
Deputy Associate Administrator for Regulatory and Legislative 
Operations.
[FR Doc. 2010-24704 Filed 9-30-10; 8:45 am]
BILLING CODE 4910-06-P

