Petition for Waiver of Compliance, 55286 [E9-25817]

Download as PDF 55286 Federal Register / Vol. 74, No. 206 / Tuesday, October 27, 2009 / Notices 19477) or at https://www.dot.gov/ privacy.html. Issued in Washington, DC, on October 21, 2009. Grady C. Cothen, Jr., Deputy Associate Administrator for Safety Standards and Program Development. [FR Doc. E9–25819 Filed 10–26–09; 8:45 am] BILLING CODE 4910–06–P 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. Central California Traction Company & the United Transportation Union pwalker on DSK8KYBLC1PROD with NOTICES [Waiver Petition Docket Number FRA–2009– 0077] The Central California Traction Company (CCT) and the United Transportation Union (UTU) jointly seek a waiver from compliance of the provisions of 49 U.S.C. 21103(a)(4), which provides 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. The parties state that provisions of their current collective bargaining agreements provide for an enhanced level of rest and safety for employees working regular or extra board assignments that is superior to the conditions imposed by 49 U.S.C. 21103(a)(4). Specifically, the agreements provide for four regular assignments working Monday through Friday, with regular starting times. Extra assignments are operated on weekends, usually one on Saturday and one on Sunday. Employees are called on Friday afternoon for the weekend assignments with Extra board employees, who fill vacancies in regular and extra weekend assignments, are subject to call during certain calling windows, and have one scheduled day off. CCT crews always complete their assignments and spend their off-duty periods at their home VerDate Nov<24>2008 16:45 Oct 26, 2009 Jkt 220001 terminal. These provisions would be combined with compliance with other provisions of the hours of service laws, including a minium of 10 hours of undisturbed rest between assignments, and employees not exceeding 276 hours of service a month. At the time of this petition, CCT had 16 employees in train and engine service; 12 on regular assignments and the remainder on the extra board. The petition submitted by CCT and UTU may be viewed at http: //www.regulations.gov under the docket number listed above. 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– 0077) and may be submitted by any of the following methods: • Web site: https:// 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 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 document (or signing the document, if submitted on behalf of an association, business, labor union, etc.). You may review DOT’s complete Privacy Act Statement in the Federal Register PO 00000 Frm 00106 Fmt 4703 Sfmt 4703 published on April 11, 2000 (65 FR 19477) or at https://www.dot.gov/ privacy.html. Issued in Washington, DC on October 21, 2009. Grady C. Cothen, Jr., Deputy Associate Administrator for Safety Standards and Program Development. [FR Doc. E9–25817 Filed 10–26–09; 8:45 am] BILLING CODE 4910–06–P DEPARTMENT OF TRANSPORTATION Federal Railroad Administration Petition for Waiver of Compliance In accordance with Title 49 Code of Federal Regulations (CFR) § 211.41, notice is hereby given that the Federal Railroad Administration (FRA) has received a request for a waiver of compliance with certain requirements of the Federal railroad safety regulations. 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. New Jersey Transit Rail Corporation [Docket Number FRA–2009–0096] The New Jersey Transit Rail Corporation (NJTR) seeks a waiver from the requirements of 49 CFR 240.117(e)(1) through (4), 49 CFR 240.305, and 49 CFR 240.307 in connection with implementation of a Close Call Reporting System (C3RS) Demonstration Pilot Project (Pilot Project) sponsored by FRA’s Office of Research and Development. These sections of the regulation relate to punitive actions that are required to be taken against locomotive engineers for the violation of certain railroad operating rules. Refer to 49 CFR Part 240 for the specific regulatory requirements. NJTR and selected employees of NJTR’s rail system represented by the American Train Dispatchers Association (ATDA), the Brotherhood of Locomotive Engineers and Trainmen (BLET), and the United Transportation Union (UTU), desire to participate in the Pilot Project, which is one of the action items included in FRA’s Action Plan for Addressing Critical Railroad Safety Issues (Action Plan). The Action Plan is available at https://www.fra.dot.gov. In addition, 49 U.S.C. 20156, enacted as part of the Rail Safety Improvement Act of 2008 (Pub. L. 110–432) authorizes the conduct of ‘‘pilot programs’’ designed to evaluate and manage railroad safety risks. The Pilot Project is one such program. E:\FR\FM\27OCN1.SGM 27OCN1

Agencies

[Federal Register Volume 74, Number 206 (Tuesday, October 27, 2009)]
[Notices]
[Page 55286]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-25817]


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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.

Central California Traction Company & the United Transportation Union

[Waiver Petition Docket Number FRA-2009-0077]

    The Central California Traction Company (CCT) and the United 
Transportation Union (UTU) jointly seek a waiver from compliance of the 
provisions of 49 U.S.C. 21103(a)(4), which provides 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.
    The parties state that provisions of their current collective 
bargaining agreements provide for an enhanced level of rest and safety 
for employees working regular or extra board assignments that is 
superior to the conditions imposed by 49 U.S.C. 21103(a)(4). 
Specifically, the agreements provide for four regular assignments 
working Monday through Friday, with regular starting times. Extra 
assignments are operated on weekends, usually one on Saturday and one 
on Sunday. Employees are called on Friday afternoon for the weekend 
assignments with Extra board employees, who fill vacancies in regular 
and extra weekend assignments, are subject to call during certain 
calling windows, and have one scheduled day off. CCT crews always 
complete their assignments and spend their off-duty periods at their 
home terminal. These provisions would be combined with compliance with 
other provisions of the hours of service laws, including a minium of 10 
hours of undisturbed rest between assignments, and employees not 
exceeding 276 hours of service a month. At the time of this petition, 
CCT had 16 employees in train and engine service; 12 on regular 
assignments and the remainder on the extra board. The petition 
submitted by CCT and UTU may be viewed at https://www.regulations.gov 
under the docket number listed above.
    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-
2009-0077) and may be submitted by any of the following methods:
     Web site: https://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 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 https://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 document (or signing the 
document, 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 (65 FR 19477) or at 
https://www.dot.gov/privacy.html.

    Issued in Washington, DC on October 21, 2009.
Grady C. Cothen, Jr.,
Deputy Associate Administrator for Safety Standards and Program 
Development.
[FR Doc. E9-25817 Filed 10-26-09; 8:45 am]
BILLING CODE 4910-06-P