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