[Federal Register Volume 77, Number 249 (Friday, December 28, 2012)]
[Pages 76596-76597]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-31201]



Federal Railroad Administration

[Docket Number FRA-2010-0144]

Petition for Waiver of Compliance

    In accordance with Part 211 of Title 49 Code of Federal 
Regulations, this document provides the public notice that by a 
document dated November 26, 2012, the Akron Barberton Cluster Railway 
(AB) petitioned the Federal Railroad Administration (FRA) for an 
extension of its 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-2010-0144.
    In its petition, AB seeks 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, AB 
seeks 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, AB explained that it has eight train 
employees with set hours and set days off. Additionally, AB employees 
do not layover at away-from-home locations, and the total time 
performing service for the railroad with the additional day is well 
below the 276-hour monthly maximum allowed. Finally, AB submitted its 
work schedules, all of which reflect five 7-hour work days, followed by 
the same 2 consecutive days off each week.
    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/. 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 February 11, 2013 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.

[[Page 76597]]

    Issued in Washington, DC, on December 20, 2012.
Robert C. Lauby,
Deputy Associate Administrator for Regulatory and Legislative 
[FR Doc. 2012-31201 Filed 12-27-12; 8:45 am]