Notice2023-06990
Petition for Extension of Waiver of Compliance
Primary source
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Published
April 4, 2023
Issuing agencies
Transportation DepartmentFederal Railroad Administration
Full Text
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<title>Federal Register, Volume 88 Issue 64 (Tuesday, April 4, 2023)</title>
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[Federal Register Volume 88, Number 64 (Tuesday, April 4, 2023)]
[Notices]
[Pages 20017-20018]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-06990]
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DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
[Docket Number FRA-2010-0164]
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 on January 10, 2023, the
International Association of Sheet Metal, Air, Rail and Transportation
Workers (SMART)--Transportation Division and Albany Port Railroad
(Petitioners) 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). The relevant Docket Number is FRA-2010-0164.
Specifically, Petitioners requested an extension of the existing
relief from the provisions of 49 U.S.C. 21103(a)(4), which in part,
provides that a train employee may not be required or allowed to remain
or go on duty after that employee has initiated an on-duty period each
day for 6 consecutive days, unless that employee has had at least 48
hours off duty at the employee's home terminal. Petitioners seek to
continue to allow a train employee to initiate an on-duty period for 6
consecutive days followed by 24 hours off duty. Petitioners state that
Albany Port Railroad runs only one shift per day and operates solely
within yard limits. The relief would allow the railroad to serve its
customers on Saturdays.
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
[[Page 20018]]
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="https://www.regulations.gov">https://www.regulations.gov</a>. Follow the online instructions for submitting
comments.
Communications received by June 5, 2023 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. 2023-06990 Filed 4-3-23; 8:45 am]
BILLING CODE 4910-06-P
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</html>Indexed from Federal Register on April 4, 2023.
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