[Federal Register Volume 61, Number 87 (Friday, May 3, 1996)]
[Notices]
[Pages 19973-19974]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-10964]



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[[Page 19974]]


DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
[FRA Docket Number HS-95-14]


Petition for Waiver of Compliance Association of American 
Railroads

    In accordance with title 49 CFR 211.9 and 211.41, notice is hereby 
given that the Association of American Railroads (AAR), trade 
association of railroads, has petitioned the Federal Railroad 
Administration (FRA), on behalf of its members and other interested 
railroads, for exemption from or waiver of compliance with a 
requirement of its safety standards. The petition is descried below, 
including the regulatory provisions involved, and the nature of the 
relief being requested.
    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 of 
their request.
    All communications concerning these proceedings should identify the 
appropriate waiver petition docket number (e.g., Waiver Petition Docket 
Number HS-95-14) and must be submitted in triplicate to the Docket 
Clerk, Office of Chief Counsel, Federal Railroad Administration, Nassif 
Building, 400 Seventh Street SW., Washington, DC 20590.
    Communications received within 45 days of the date of publication 
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. to 
5 p.m.) in room 8201, Nassif Building, 400 Seventh Street SW., 
Washington, DC 20590.
    The AAR, acting as a representative for its association members 
requests a master waiver of compliance with certain provisions of FRA 
Safety Regulations (Hours of Service of Railroad Employees). The master 
waiver requested seeks relief from Title 49 Code of Federal Regulations 
(CFR) Part 228.9(a)(1) for railroads utilizing a computerized system of 
recording hours of duty data. Part 228.9(a)(1) requires that records 
maintained under Part 228 be signed by the employee whose time is being 
recorded, or in the case of train and engine crews, signed by the 
ranking crew member.
    The AAR is proposing that railroads seeking to establish a 
computerized system of recording hours of duty information apply to FRA 
for approval under the master waiver. Applications should specify the 
covered service function (train/engine/yard, dispatcher/operator and/or 
signal) for which signature relief is requested.
    When accessing the computer for input of the hours of duty record, 
required by Part 228.11, the AAR proposes that a secure password or 
personal identification number ``pin'' will be utilized and will not 
appear on the computer screen when the employee enters his or her 
password or ``pin.'' The password or ``pin'' is proposed to satisfy the 
signature requirements of Part 228.9(a)(1). The AAR maintains the 
master waiver will reduce the burden of individual waivers on each 
railroad seeking similar technological advances to modernize 
recordkeeping. After adequate testing and compliance verified, a 
railroad making request for inclusion under the master waiver may be 
granted relief from the signature provisions of Part 228.9.
    FRA's basic criteria for an electronic ``signatureless'' hours of 
duty recordkeeping system, established under a prior waiver 
application, is as follows. For purposes of inspection and printing, 
the electronically displayed record of any proposed computerized hours 
of duty recordkeeping system should be: (1) Crew based, by train or job 
symbol, and (2) duty tour oriented. The record should include all 
covered and commingled service within a duty tour. The system must also 
meet the following three general requirements.
    1. Security. The integrity of the program and data base must be 
protected by a security system that restricts access to data input and 
protects against any alteration of the original record after entry. The 
security system should utilize an employee identification and secure 
password technique or a comparable method that establishes levels of 
program access.
    2. Audit Trail. The program must include the capability to uniquely 
identify the inputing individual. Since one record may have more than 
one inputor, the program must be able to ``split'' the base record into 
component records that identify data entered by specific individuals. 
In addition, the program must be accessible through various railroad 
field locations and remote non-railroad locations. The latter may be 
accomplished through the use of a modem connection between the railroad 
and FRA.
    3. Program Logic. The program must satisfy the requirements of 49 
CFR Part 228.11. The program must address all possible reporting events 
required in Part 228.11 consistent with FRA's application of the 
Federal hours of service law.
    During the waiver review process, if the railroad wishes to test 
``signatureless'' hours of duty recordkeeping, the railroad must 
maintain a parallel system utilizing signed ``hard copies'' in addition 
to the electronic data being tested. The railroad should develop an 
electronic data base sufficient to facilitate a field review by FRA. 
The railroad may elect to implement electronic recordkeeping along 
function, division or craft boundaries. Therefore, the data offered for 
FRA review should include all covered service within the parameters of 
the requested relief.
    Instructional guides, based on covered service functions, are 
available by direct contact (Dan Norris 202 366-0503) or mailing 
request to the Federal Railroad Administration, Operating Practice 
Division--RRS11, 400 Seventh Street, SW., Washington, DC 20590 ATTN: 
Dan Norris.

    Issued in Washington, DC on April 29, 1996.
Phil Olekszyk,
Deputy Association Administrator for Safety Compliance and Program 
Implementation.
[FR Doc. 96-10964 Filed 5-2-96; 8:45 am]
BILLING CODE 4910-06-M