[Federal Register: October 1, 2010 (Volume 75, Number 190)]
[Notices]
[Page 60860-60861]
[DOCID:fr01oc10-126]

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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 regulatory
provisions involved, the nature of the relief being requested, and the
petitioner's arguments in favor of relief.

Port Manatee Railroad

[Waiver Petition Docket Number FRA-2010-0091]

    The Port Manatee Railroad (PMRR) seeks a waiver of relief from the
statutory requirements of 49 U.S.C. 21103(a)(4), whereby train
employees have 48 or 72-hour off-duty periods following the initiation
of on-duty

periods of either 6 or 7 consecutive days. PMRR is a marine terminal-
switching railway operated on Manatee County Authority property at Port
Manatee in Palmetto, Florida. PMRR provides support in vessel loading/
discharge cargo operations and is not part of the General Railroad
system of transportation. To avoid substantial operational and
financial burdens and, at the same time, maintain a level of
appropriate service to vessels while ensuring a safe working
environment for its employees, a waiver request was submitted to FRA
for approval.
    PMRR currently has 6 train and engine service employees who
typically work three assignments as follows: (1) A regular shift
between 8 a.m. and 5 p.m.; (2) an overtime shift between 8 a.m. and 8
p.m.; and (3) a split shift that includes 8 a.m. to noon, an 8 hour
break, followed by 8 p.m. to 8 a.m. PMRR reports that its employees are
not unionized, and with its waiver request, the railroad filed
documentation indicating that its employees unanimously support the
request for relief. PMRR's entire petition may be viewed at http://
www.regulations.gov under the docket number listed above.
    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-
2010-0091) and may be submitted by any of the following methods:
     Web site: http://www.regulations.gov. Follow the online
instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: Docket Operations Facility, U.S. Department of
Transportation, 1200 New Jersey Avenue, SE., W12-140, Washington, DC
20590.
     Hand Delivery: 1200 New Jersey Avenue, SE., Room W12-140,
Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays.
    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://www.regulations.gov.
    Anyone is able to search the electronic form of any written
communications and comments received into any of our dockets by the
name of the individual submitting the document (or signing the
document, 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 (65 FR 19477) or at
http://www.dot.gov/privacy.html.

    Issued in Washington, DC, on September 27, 2010.
Robert C. Lauby,
Deputy Associate Administrator for Regulatory and Legislative
Operations.
[FR Doc. 2010-24704 Filed 9-30-10; 8:45 am]
BILLING CODE 4910-06-P