Notice2022-18374
Petition for Extension of Waiver of Compliance
Primary source
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Published
August 25, 2022
Issuing agencies
Transportation DepartmentFederal Railroad Administration
Full Text
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<title>Federal Register, Volume 87 Issue 164 (Thursday, August 25, 2022)</title>
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[Federal Register Volume 87, Number 164 (Thursday, August 25, 2022)]
[Notices]
[Page 52429]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-18374]
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DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
[Docket Number FRA-2013-0019]
Petition for Extension of Waiver of Compliance
Under part 211 of title 49 Code of Federal Regulations (CFR), this
document provides the public notice that by letter dated July 8, 2022,
Old Augusta Railroad (OAR) petitioned the Federal Railroad
Administration (FRA) for an extension of a waiver of compliance from
certain provisions of the hours of service laws contained at title 49
United States Code (U.S.C.) section 21103(a), in accordance with the
authority of section 21102(b). The relevant FRA Docket Number is FRA-
2013-0019.
Specifically, OAR requested an extension of its existing waiver of
relief from the provisions of 49 U.S.C. 21103(a), which prohibits a
train employee from remaining or going on duty for a period in excess
of 12 consecutive hours. Section 21102(b) allows the Department to
exempt railroads with 15 or fewer employees from the restriction
outlined at Sec. 21103(a)(4)(B). The existing waiver allows OAR
employees to initiate an on-duty period each day for 7 consecutive days
followed by 72 hours off duty. In support of its petition, OAR states
that its operation ``has not had a single incident attributable to
fatigue during the effective period of the waiver.'' OAR also explains
that its employees have unanimously consented to the waiver, and it has
``full support from both management and the train service employees.''
A copy of the petition, as well as any written communications
concerning the petition, is available for review online at
<a href="http://www.regulations.gov">www.regulations.gov</a>.
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 and a public hearing, 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 at <a href="http://www.regulations.gov">http://www.regulations.gov</a>. Follow the online instructions for submitting
comments.
Communications received by October 11, 2022 will be considered by
FRA before final action is taken. Comments received after that date
will be considered if practicable. Anyone can 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.). Under 5 U.S.C. 553(c), the U.S.
Department of Transportation (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
<a href="http://www.regulations.gov">www.regulations.gov</a>, as described in the system of records notice (DOT/
ALL-14 FDMS), which can be reviewed at <a href="https://www.transportation.gov/privacy">https://www.transportation.gov/privacy</a>. See also <a href="https://www.regulations.gov/privacy-notice">https://www.regulations.gov/privacy-notice</a> for the
privacy notice of <a href="http://regulations.gov">regulations.gov</a>.
Issued in Washington, DC.
John Karl Alexy,
Associate Administrator for Railroad Safety, Chief Safety Officer.
[FR Doc. 2022-18374 Filed 8-24-22; 8:45 am]
BILLING CODE 4910-06-P
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