[Federal Register Volume 65, Number 109 (Tuesday, June 6, 2000)]
[Notices]
[Page 35992]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-14049]


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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) received a request for a waiver of compliance with a provision of 
the Federal hours of service laws (108 Stat. 888, Pub. L. 103-272, 49 
U.S.C. 21106). The Federal hours of service laws currently make it 
unlawful for a railroad to construct or reconstruct sleeping quarters 
for certain employees if the sleeping quarters are in an area or in the 
immediate vicinity of an area as determined under regulations 
prescribed by the Secretary of Transportation in which railroad 
switching or humping operations are performed. See 49 U.S.C. 21101 and 
21106. Title 49 CFR part 228, subpart C, defines FRA's distance 
requirements for construction, reconstruction, and/or acquisition of 
sleeping quarters.

Burlington Northern Santa Fe Railway Company (BNSF)

[Waiver Petition Docket No. FRA-1999-5107]

    BNSF petitions for approval to utilize a facility to be 
constructed, owned, and operated by a third party which will be located 
within one-half mile of railroad switching operations at Thayer, 
Missouri. See 49 CFR 228.103. BNSF states that the planned structure 
will be a commercial lodging facility that is open to the general 
public. BNSF proposes to enter into a lodging contract with the new 
facility owner to guarantee room availability for its train and engine 
crews operating in and out of Thayer. Crews are presently housed at a 
motel in White Plains, Missouri, approximately 27 miles from Thayer. 
The petitioner indicates that granting the exemption will not adversely 
affect safety.
    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 1999-
5107) and must be submitted to the Docket Clerk, DOT Docket Management 
Facility, Room PL-401 (Plaza Level), 400 7th Street, SW., Washington, 
DC 20590. Communications received within 30 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 (9:00 a.m.-5:00 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://dms.dot.gov.

    Issued in Washington, D.C. on May 25, 2000.
Grady C. Cothen, Jr.,
Deputy Associate Administrator for Safety Standards and Program 
Development.
[FR Doc. 00-14049 Filed 6-5-00; 8:45 am]
BILLING CODE 4910-06-P