[Federal Register Volume 76, Number 114 (Tuesday, June 14, 2011)]
[Notices]
[Page 34802]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-14732]


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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket Number FRA-2011-0035]


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 April 15, 2011, the American Short Line and Regional 
Railroad Association (ASLRRA), on behalf of seven of its member 
railroads, has petitioned the Federal Railroad Administration (FRA) for 
a waiver of compliance from certain provisions of the Federal hours of 
service laws contained at 49 U.S.C. 21103(a)(4). FRA assigned the 
petition Docket Number FRA-2011-0035.
    In their petition, ASLRRA seeks the identical relief granted in 
FRA's March 5, 2010, decision in FRA Docket Number 2009-0078, related 
to 49 U.S.C. 21103(a)(4), for these additional seven railroads. In 
addition, subsequent to FRA's issuance of a final decision in Docket 
Number FRA-2009-0078, the York Railway submitted a comment in that 
docket seeking to become a party to the waiver. In its March 15, 2011, 
letter, FRA specifically indicated that ``[i]f a railroad listed on 
ASLRRA's Second Amended Exhibit A has not yet met the joint filing 
requirement of the [hours of service law] as outlined in FRA's March 5, 
2010, letter, that railroad is not a party to this waiver.'' 
Recognizing that as a practical matter, the posting of FRA's final 
decision letter in Docket Number FRA-2009-0078 may have crossed with 
the submission of the York Railway's request to be included in the 
waiver. FRA is addressing that request in this docket (FRA-2011-0035). 
Accordingly, a copy of York Railway's submission has been placed in 
Docket Number FRA-2011-0035, and FRA will address that request for 
relief from the hours of service law requirements in conjunction with 
ASLRRA's April 15, 2011, petition.
    A copy of the petition, as well as any written communications 
concerning the petition, is available for review online at http://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.
     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 July 29, 2011 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 June 9, 2011.
Robert C. Lauby,
Deputy Associate Administrator for Regulatory & Legislative Operations.
[FR Doc. 2011-14732 Filed 6-13-11; 8:45 am]
BILLING CODE 4910-06-P