[Federal Register Volume 74, Number 147 (Monday, August 3, 2009)]
[Notices]
[Page 38479]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-18441]



[[Page 38479]]

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

BNSF Railway Company

(Waiver Petition Docket Number FRA-2009-0065)

    The BNSF Railway Company (BNSF) and the Brotherhood of Locomotive 
Engineers and Trainmen (BLET) seek a limited waiver from compliance of 
the provisions of the Federal hours of service law for yard 
assignments. The parties state that their request is not for system-
wide application, but rather specifically identified assignments listed 
in their application, which may be found at http://www.regulations.gov 
under the docket number listed above.
    Specifically, BNSF and BLET are requesting a limited waiver of 
U.S.C. 21103(a)(4), which states that a train employee may not be 
required or allowed to remain or go on duty after that employee has 
initiated an on-duty period each day for 6 consecutive days, unless 
that employee has had at least 48 hours off duty at the employee's home 
terminal. BNSF and BLET currently have collective bargaining agreements 
which provide for the trainmen's return to duty with less than 48 hours 
off duty following 6 consecutive days in which an on duty period was 
initiated.
    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-
2009-0065) 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 20 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 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).

    Issued in Washington, DC on July 28, 2009.
Grady C. Cothen, Jr.,
Deputy Associate Administrator for Safety Standards and Program 
Development.
[FR Doc. E9-18441 Filed 7-31-09; 8:45 am]
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