[Federal Register Volume 78, Number 70 (Thursday, April 11, 2013)]
[Notices]
[Page 21705]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-08490]


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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket Number FRA-2013-0019]


Petition for Waiver of Compliance

    In accordance with Part 211 of Title 49 Code of Federal Regulations 
(CFR), this document provides the public notice that by a document 
dated February 21, 2013, the Old Augusta Railroad (OAR) 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-
2013-0019.
    In its petition, OAR seeks relief from 49 U.S.C. 21103(a)(4), 
which, in part, requires a train employee to receive 48 hours off-duty 
after initiating an on-duty period for 6 consecutive days. 
Specifically, OAR seeks a waiver to allow a train employee to initiate 
an on-duty period each day for 7 consecutive days followed by 1 day off 
duty and an 8th day assignment with 2 days off duty. In support of its 
request, OAR submitted documents demonstrating its employees' support 
for the requested waiver and a description of its employees' work 
schedules. According to OAR, train employees have set start times and 
set off-duty days, and do not lay over at away-from-home terminals. 
Additionally, OAR claims that it operates one switching job per day, 
serving only one industry in a 12-hour cycle. The typical duty tour is 
from 5 a.m. to 5 p.m., 7 days per week, with an occasional switching 
move outside of the regular shift. Two crews share the 7-day-per-week 
schedule. OAR also states that before the Rail Safety Improvement Act 
of 2008, its employees worked 7 days on, 7 days off, subject to an 
infrequent call. OAR asserts that its employees worked this type of 
schedule for 18 years without any safety problems, and that it was 
awarded the American Short Line and Regional Railroad Association Jake 
Award each year during those 18 years.
    A copy of the petition, as well as any written communications 
concerning the petition, is available for review online at 
www.regulations.gov and in person at the U.S. Department of 
Transportation's (DOT) Docket Operations Facility, 1200 New Jersey 
Avenue 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 May 28, 2013 will be considered by FRA 
before final action is taken. Comments received after that date will be 
considered as far as is 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 document, 
if submitted on behalf of an association, business, labor union, etc.). 
See http://www.regulations.gov/#!privacyNotice for the privacy notice 
of regulations.gov or interested parties may review DOT's complete 
Privacy Act Statement in the Federal Register published on April 11, 
2000 (65 FR 19477).

     Issued in Washington, DC, on April 8, 2013.
Robert C. Lauby,
Deputy Associate Administrator for Regulatory and Legislative 
Operations.
[FR Doc. 2013-08490 Filed 4-10-13; 8:45 am]
BILLING CODE 4910-06-P