[Federal Register Volume 77, Number 222 (Friday, November 16, 2012)]
[Notices]
[Pages 68884-68885]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-27863]
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DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
[Docket Number FRA-2012-0079]
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 September 24, 2012, Long Island Rail Road (LIRR) has petitioned
the Federal Railroad Administration (FRA) for a waiver of compliance
from certain Federal hours of service requirements for train employees
engaged in commuter or intercity rail passenger transportation
contained at 49 CFR 228.405(a)(3). FRA assigned the petition Docket
Number FRA-2012-0079.
In its petition, LIRR seeks a waiver allowing the series of at most
14 consecutive calendar days to reset after a general pick, or after a
large timetable revision. A general pick, as described by LIRR, is a
biannual event allowing train employees to bid on jobs with jobs being
[[Page 68885]]
awarded based on an employee's seniority. FRA's current policy only
allows a maximum series of at most 14 consecutive calendar days to
reset at the end of the 14th day, or when an employee does not initiate
an on-duty period for any 2 calendar days within the 14 consecutive
calendar-day series.
In support of the request, LIRR explained that after the first
general pick, about 20 employees were required to take 1 or 2 workdays
off to avoid violating Federal requirements. As a result, employees
suffered financially, and employee availability was reduced, disrupting
LIRR's ability to provide timely and efficient service for its
customers. LIRR argues that allowing the 14 consecutive calendar-day
series to reset after a general pick, or a large timetable revision,
will prevent any future employee financial losses and disruptions in
LIRR's ability to provide optimum service to its customers.
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/ 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 December 31, 2012 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 November 8, 2012.
Robert C. Lauby,
Deputy Associate Administrator for Regulatory and Legislative
Operations.
[FR Doc. 2012-27863 Filed 11-15-12; 8:45 am]
BILLING CODE 4910-06-P