Petition for Waiver of Compliance, 1287 [2016-201]

Download as PDF mstockstill on DSK4VPTVN1PROD with NOTICES Federal Register / Vol. 81, No. 6 / Monday, January 11, 2016 / Notices petitions for emergency waivers of safety rules, regulations, or standards during an emergency situation or event. 74 FR 23329. That direct final rule became effective on July 20, 2009, and made minor modifications to Title 49 Code of Federal Regulations (CFR) 211.45, Petitions for emergency waiver of safety rules, in FRA’s Rules of Practice, published at 49 CFR part 211, Rules of Practice. Title 49 CFR 211.45, Paragraph (b) provides that each calendar year, FRA will establish an ERD in the publicly accessible DOT docket system (available at https:// www.regulations.gov). Title 49 CFR 211.45, Paragraph (b) further provides that FRA will publish a notice in the Federal Register identifying, by docket number, the ERD for that year. As noted in the rule, FRA’s purpose for establishing the ERD and emergency waiver procedures is to provide an expedited process for FRA to address the needs of the public and the railroad industry during emergency situations or events. This Notice announces that the designated ERD for calendar year 2016 is Docket Number FRA–2016–0001. As detailed in 49 CFR 211.45, if the FRA Administrator determines that an emergency event as defined in 49 CFR 211.45(a) has occurred, or that an imminent threat of such an emergency occurring exists, and public safety would benefit from providing the railroad industry with operational relief, the emergency waiver procedures of 49 CFR 211.45 will go into effect. In such an event, the FRA Administrator will issue a statement in the ERD indicating that the emergency waiver procedures are in effect and FRA will make every effort to post the statement on its Web site at https://www.fra.dot.gov/. Any party desiring relief from FRA regulatory requirements as a result of the emergency situation should submit a petition for emergency waiver in accordance with 49 CFR 211.45(e) and (f). Specific instructions for filing petitions for emergency waivers in accordance with 49 CFR 211.45 are found at 49 CFR 211.45(f). Specific instructions for filing comments in response to petitions for emergency waivers are found at 49 CFR 211.45(h). 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.). In accordance with 5 U.S.C. 553(c), DOT solicits comments from the public to better inform its processes. DOT posts these comments, without edit, including VerDate Sep<11>2014 18:17 Jan 08, 2016 Jkt 238001 any personal information the commenter provides, to www.regulations.gov, as described in the system of records notice (DOT/ALL– 14 FDMS), which can be reviewed at www.dot.gov/privacy. See also https:// www.regulations.gov/#!privacyNotice for the privacy notice of regulations.gov. Issued in Washington, DC. Robert C. Lauby, Associate Administrator for Railroad Safety, Chief Safety Officer. [FR Doc. 2016–262 Filed 1–8–16; 8:45 am] BILLING CODE 4910–06–P DEPARTMENT OF TRANSPORTATION Federal Railroad Administration [Docket Number FRA–2009–0078] 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 December 21, 2015, the American Short Line and Regional Railroad Association (ASLRRA) petitioned the Federal Railroad Administration (FRA) for an amended waiver of compliance from certain provisions of the Federal hours of service (HOS) laws contained at 49 U.S.C. 21103(a)(4), which, in part, require a train employee to receive 48 hours off duty after initiating an on-duty period for 6 consecutive days. FRA assigned the petition Docket Number FRA–2009–0078. In its petition, ASLRRA seeks to amend its existing waiver to add two member railroads, the Plainsman Switching Company and the South Kansas & Oklahoma Railroad Company. The existing HOS waiver was granted in a February 27, 2012, letter from FRA. The waiver allows a train employee to initiate an on-duty period each day for 6 consecutive days followed by 24 hours, rather than 48 hours, off duty. Each railroad that seeks to be added to the waiver executed a compliance letter, attesting that it complies with all of the employee consent requirements that FRA set forth in its initial March 5, 2010, decision letter. Additionally, each railroad will maintain the underlying employee consent or employee representative consent documents in its files for FRA inspection. 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, PO 00000 Frm 00125 Fmt 4703 Sfmt 9990 1287 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: 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 by February 25, 2016 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 document, if submitted on behalf of an association, business, labor union, etc.). In accordance with 5 U.S.C. 553(c), DOT solicits comments from the public to better inform its processes. DOT posts these comments, without edit, including any personal information the commenter provides, to www.regulations.gov, as described in the system of records notice (DOT/ALL– 14 FDMS), which can be reviewed at www.dot.gov/privacy. See also https:// www.regulations.gov/#!privacyNotice for the privacy notice of regulations.gov. Robert C. Lauby, Associate Administrator for Railroad Safety, Chief Safety Officer. [FR Doc. 2016–201 Filed 1–8–16; 8:45 am] BILLING CODE 4910–06–P E:\FR\FM\11JAN1.SGM 11JAN1

Agencies

[Federal Register Volume 81, Number 6 (Monday, January 11, 2016)]
[Notices]
[Page 1287]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-201]


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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket Number FRA-2009-0078]


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 December 21, 2015, the American Short Line and Regional Railroad 
Association (ASLRRA) petitioned the Federal Railroad Administration 
(FRA) for an amended waiver of compliance from certain provisions of 
the Federal hours of service (HOS) laws contained at 49 U.S.C. 
21103(a)(4), which, in part, require a train employee to receive 48 
hours off duty after initiating an on-duty period for 6 consecutive 
days. FRA assigned the petition Docket Number FRA-2009-0078.
    In its petition, ASLRRA seeks to amend its existing waiver to add 
two member railroads, the Plainsman Switching Company and the South 
Kansas & Oklahoma Railroad Company. The existing HOS waiver was granted 
in a February 27, 2012, letter from FRA. The waiver allows a train 
employee to initiate an on-duty period each day for 6 consecutive days 
followed by 24 hours, rather than 48 hours, off duty.
    Each railroad that seeks to be added to the waiver executed a 
compliance letter, attesting that it complies with all of the employee 
consent requirements that FRA set forth in its initial March 5, 2010, 
decision letter. Additionally, each railroad will maintain the 
underlying employee consent or employee representative consent 
documents in its files for FRA inspection.
    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: 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 by February 25, 2016 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 document, 
if submitted on behalf of an association, business, labor union, etc.). 
In accordance with 5 U.S.C. 553(c), DOT solicits comments from the 
public to better inform its processes. DOT posts these comments, 
without edit, including any personal information the commenter 
provides, to www.regulations.gov, as described in the system of records 
notice (DOT/ALL-14 FDMS), which can be reviewed at www.dot.gov/privacy. 
See also https://www.regulations.gov/#!privacyNotice for the privacy 
notice of regulations.gov.

Robert C. Lauby,
Associate Administrator for Railroad Safety, Chief Safety Officer.
[FR Doc. 2016-201 Filed 1-8-16; 8:45 am]
BILLING CODE 4910-06-P

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