[Federal Register Volume 77, Number 222 (Friday, November 16, 2012)]
[Page 68885]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-27865]



Federal Railroad Administration

[Docket Number FRA-2010-0164]

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 October 9, 2012, the Albany Port Railroad (APRR) and the United 
Transportation Union (UTU) have jointly petitioned the Federal Railroad 
Administration (FRA) for an extension of their waiver of compliance 
from certain provisions of the Federal hours of service laws contained 
at 49 U.S.C. 21103(a)(4). FRA assigned the petition Docket Number FRA-
    In the petition, APRR and UTU seek relief from 49 U.S.C. 
21103(a)(4), which in part requires a train employee to receive 48 
hours off duty after initiating an on-duty period for 6 consecutive 
days. Specifically, APRR and UTU seek an extension of the waiver to 
allow a train employee to initiate an on-duty period for 6 consecutive 
days followed by 24 hours off duty. In support of the request, APRR 
explained they have four train employees of which three work a single 
regular assignment Monday through Friday, beginning at 6 a.m. and 
usually ending at 1 p.m. The remaining employee holds a relief position 
and works for the other three employees when they require a day off. 
Finally, APRR states that the work is always performed within the 
confines of the Albany Port, which consists of yard tracks with a speed 
of 5 mph.
    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 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 
    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.
Ron Hynes,
Director, Office of Safety Assurance and Compliance.
[FR Doc. 2012-27865 Filed 11-15-12; 8:45 am]