
[Federal Register Volume 77, Number 242 (Monday, December 17, 2012)]
[Notices]
[Page 74737]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-30248]


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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket Number FRA-2010-0091]


Petition for Waiver of Compliance

    In accordance with Part 211 of Title 49 Code of Federal Regulations 
(CFR), this document provides the public notice that by a document 
dated October 26, 2012, the Port Manatee Railroad (PMRR) has petitioned 
the Federal Railroad Administration (FRA) for an extension of its 
waiver of compliance from certain provisions of the Federal hours of 
service laws contained at 49 U.S.C. 21103(a)(4). FRA assigned the 
petition Docket Number FRA-2010-0091.
    In their petition, PMRR seeks relief from 49 U.S.C. 21103(a)(4), 
which in part requires a train employee to receive 48 hours off duty 
after initiating on-duty periods for 6 consecutive days. Specifically, 
PMRR seeks an extension of the waiver to allow a train employee to 
initiate on-duty periods for 6 consecutive days followed by 24 hours 
off-duty. In support of its request, PMRR explained that it is a small 
marine terminal switching railroad with only seven train employees, and 
that switching operations are always performed within the confines of 
Port Manatee, which consists of slow speed yard tracks. Additionally, 
PMRR argues that when its covered service employees are off duty they 
return to their residences, and are never required to deadhead or 
receive rest at lodging facilities as part of their railroad service.
    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 Docket Operations Facility, 1200 New Jersey Ave. 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 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 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 by January 31, 2013 will be considered by 
FRA before final action is taken. Comments received after that date 
will be considered as far as practicable.
    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) or online at http://www.dot.gov/privacy.html.

    Issued in Washington, DC, on December 10, 2012.
Robert C. Lauby,
Deputy Associate Administrator for Regulatory and Legislative 
Operations.
[FR Doc. 2012-30248 Filed 12-14-12; 8:45 am]
BILLING CODE 4910-06-P


