
[Federal Register: August 13, 2010 (Volume 75, Number 156)]
[Notices]               
[Page 49551-49552]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr13au10-130]                         

-----------------------------------------------------------------------

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

[[Page 49552]]

provisions involved, the nature of the relief being requested, and the 
petitioner's arguments in favor of relief.

Walden's Ridge Railroad Company; Heritage Railroad; Southern Appalachia 
Railway Museum

[Waiver Petition Docket Number FRA-2010-0118]

    The Walden's Ridge Railroad Company (WRRC), Heritage Railroad (HR), 
and Southern Appalachia Railway Museum (SARM) of Roane County, 
Tennessee, seeks a waiver of compliance from Control of Alcohol and 
Drug Use, 49 CFR part 219 subparts D through G, which require a 
railroad to conduct reasonable suspicion alcohol and/or drug testing, 
pre-employment drug testing, random alcohol and drug testing, and to 
have voluntary referral and co-worker report policies. The three 
railroads combined have less than 16 hours of service employees, and 
the waiver is sought until such time as they jointly have 16 or more 
hours of service employees.
    HR has contracted its freight operations out to WRRC, which has 3 
part-time employees and historically handles 500 or fewer annual 
carloads. SARM has 6 hours of service employees who are part-time 
volunteers and who operate a passenger train on the HR, transporting 
about 5,000 passengers each year. The employees and volunteers are used 
interchangeably among the freight and passenger operations.
    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-
2010-0118) 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 August 9, 2010.
Robert C. Lauby,
Deputy Associate Administrator for Regulatory and Legislative 
Operations.
[FR Doc. 2010-19997 Filed 8-12-10; 8:45 am]
BILLING CODE 4910-06-P

