Notice2023-22738

Petition for Extension of Waiver of Compliance

Primary source

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Published
October 16, 2023

Issuing agencies

Transportation DepartmentFederal Railroad Administration

Full Text

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<title>Federal Register, Volume 88 Issue 198 (Monday, October 16, 2023)</title>
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[Federal Register Volume 88, Number 198 (Monday, October 16, 2023)]
[Notices]
[Pages 71394-71395]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-22738]


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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket Number FRA-2010-0144]


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 September 14, 2023, Akron 
Barberton Cluster Railway (ABCR) petitioned the Federal Railroad 
Administration (FRA) for an extension of a waiver of compliance from 
certain provisions of the federal hours of service laws contained at 
title 49 United States Code (U.S.C.) section 21103. The relevant Docket 
Number is FRA-2010-0144.Specifically, ABCR 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. ABCR seeks to 
continue to allow a train employee to initiate an on-duty period for 6 
consecutive days followed by 24 hours off duty. ABCR states that it 
employs nine train and engine service employees who would use this 
waiver with set hours, set days off, and no layovers at away from home 
locations. ABCR further explains that it has support from all employees 
for the extension of relief.

[[Page 71395]]

    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="https://www.regulations.gov">https://www.regulations.gov</a>. Follow the online instructions for submitting 
comments.
    Communications received by December 15, 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. 2023-22738 Filed 10-13-23; 8:45 am]
BILLING CODE 4910-06-P


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Indexed from Federal Register on October 16, 2023.

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