[Federal Register Volume 77, Number 222 (Friday, November 16, 2012)]
[Pages 68884-68885]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-27863]



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 
     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 
     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 
[FR Doc. 2012-27863 Filed 11-15-12; 8:45 am]