[Federal Register: August 21, 2007 (Volume 72, Number 161)]
[Notices]               
[Page 46704]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr21au07-133]                         

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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

 
Petition for Waiver of Compliance

    In accordance with Part 211 of Title 49 Code of Federal Regulations 
(CFR), notice is hereby given that the Federal Railroad Administration 
(FRA) has received a request for a waiver of compliance from certain 
requirements of its safety standards. The individual petition is 
described below, including the party seeking relief, the statutory 
provisions involved, the nature of the relief being requested, and the 
petitioner's arguments in favor of relief.

Central Montana Rail, Inc.

[Docket Number FRA-2001-10948]

    Central Montana Rail, Inc. (CMR) has petitioned for an extension of 
its temporary waiver of compliance from the requirements of Title 49 
U.S.C. 21103(a), the Federal hours of service law (HSL), for train 
employees. This provision states that the railroad may neither require 
nor allow train employees to begin or remain on duty in excess of 12 
hours in a 24-hour period without receiving the appropriate 8- or 10-
hour statutory off-duty period. However, the HSL contains a provision 
(49 U.S.C. 21102(b)) that permits a railroad to seek an exemption from 
the 12-hour limitation if it employs no more than 15 employees subject 
to the statute. CMR states that it is the railroad's intent to use such 
a waiver only in unusual circumstances dictated by geographic 
remoteness, weather, or traffic peaks, and the waiver is not to be used 
on a daily basis.
    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 (e.g., Waiver Petition Docket Number FRA-
2001-10948) and must be submitted to the Docket Clerk, DOT Central 
Docket Management Facility, 1200 New Jersey Avenue, SE., West Building 
Ground Floor, Room W12-140, Washington, DC 20590.
    Communications received within 45 days of the date of this notice 
will be considered by FRA before final action is taken. Comments 
received after that date will be considered as far as practicable. All 
written communications concerning these proceedings are available for 
examination during regular business hours (9 a.m.-5 p.m.) at the above 
facility. All documents in the public docket are also available for 
inspection and copying on the Internet at the docket facility's Web 
site at http://dms.dot.gov.

    Anyone is able to search the electronic form of all 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 you may visit 
http://dms.dot.gov.


    Issued in Washington, DC, on August 14, 2007.
Grady C. Cothen, Jr.,
Deputy Associate Administrator for Safety Standards and Program 
Development.
[FR Doc. E7-16404 Filed 8-20-07; 8:45 am]

BILLING CODE 4910-06-P