
[Federal Register Volume 77, Number 143 (Wednesday, July 25, 2012)]
[Notices]
[Pages 43645-43646]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-18083]


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

DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket Number FRA-2012-0052]


Petition for Waiver of Compliance

    In accordance with Part 211 of Title 49 of the Code of Federal 
Regulations (CFR), this document provides the public notice that by a 
document dated June 11, 2012, the Southeastern Pennsylvania 
Transportation Authority (SEPTA) has petitioned the Federal Railroad 
Administration (FRA) for a waiver of compliance from certain Federal 
hours of service requirements for train employees engaged in commuter 
or intercity rail passenger transportation contained at 49 CFR Section 
228.405(b)(4). FRA assigned the petition Docket Number FRA-2012-0052.
    In its petition, SEPTA seeks a waiver allowing travel time from a 
train employee's home to all reporting points to be considered as time 
off duty. FRA's current policy only allows travel time (at a designated 
home terminal, from an employee's residence to a single fixed regular 
reporting point) to be defined as commuting and time off duty. Travel 
time between a train employee's residence and other than regular 
reporting points is considered deadheading and can count as time on 
duty. In support of its request, SEPTA submitted fatigue analysis of 
employee work schedules arguing that safety would not be compromised by 
approving the waiver request. SEPTA also provided information that the 
waiver would be in the public interest, because of increased employee 
availability, which would reduce the financial burden placed on this 
publicly funded commuter railroad.
    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 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.

[[Page 43646]]

     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 September 10, 2012 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 July 19, 2012.
Robert C. Lauby,
Deputy Associate Administrator for Regulatory and Legislative 
Operations.
[FR Doc. 2012-18083 Filed 7-24-12; 8:45 am]
BILLING CODE 4910-06-P


