Notice2022-18374

Petition for Extension of Waiver of Compliance

Primary source

Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.

Published
August 25, 2022

Issuing agencies

Transportation DepartmentFederal Railroad Administration

Full Text

<html>
<head>
<title>Federal Register, Volume 87 Issue 164 (Thursday, August 25, 2022)</title>
</head>
<body><pre>
[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]


-----------------------------------------------------------------------

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


</pre></body>
</html>
Indexed from Federal Register on August 25, 2022.

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.