[Federal Register Volume 74, Number 163 (Tuesday, August 25, 2009)]
[Notices]
[Pages 42957-42958]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-20430]


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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.

Ellis & Eastern Company (Waiver Petition Docket Number FRA-2009-0071)

    The Ellis & Eastern Company (EEC) seeks a waiver from compliance of 
certain provisions of the Federal hours of service law (49 U.S.C. 
Chapter 211; HSL). Although EEC requests waiver relief from the 
requirements of Title 49 CFR 228.19, FRA believes EEC's intent was to 
request relief from U.S.C. Sec.  21103(a)(4), and is therefore 
processing the EEC's request as such. Section 21103(a)(4) 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.
    EEC currently has 6 train employees who typically work two 
assignments (0600 and 0700) Monday through Saturday, with an occasional 
Sunday assignment during peak periods. EEC's request may be viewed at 
http://www.regulations.gov under the docket number listed above.
    The HSL, at 49 U.S.C. 21108(a), contemplates that any request for a 
waiver from its requirements will be a joint waiver involving the 
relevant railroad carrier(s) and nonprofit employee labor 
organization(s) representing the class or craft of directly affected 
covered service employees. FRA understands that the covered service 
employees affected by EEC's waiver request are not represented by any 
employee labor organization, and accordingly, EEC's waiver request is 
made solely by the carrier. FRA recognizes that the intent of 49 U.S.C. 
21108(a) is to ensure that covered service employees are provided 
meaningful input into any potential waiver of the HSL that would affect 
their work schedules. Accordingly, before considering the requested 
relief, FRA is requiring that within 30 days of the publication date of 
this notice, EEC submit evidence to the docket demonstrating that it 
has sought employee input into the waiver request, what that employee 
input was, and that it has provided each covered employee affected by 
the request with a copy of the waiver petition, along with information 
on how to submit comments to FRA on the request. FRA will consider this 
additional information, along with all other relevant factors, in 
determining whether granting the requested relief would be in the 
public interest and consistent with railroad 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 FRA-
2009-0071) 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 42958]]

     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 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 August 18, 2009.
John Leeds,
Director, Office of Safety Analysis.
[FR Doc. E9-20430 Filed 8-24-09; 8:45 am]
BILLING CODE 4910-06-P