Rules and Regulations. DEPARTMENT OF TRANSPORTATION
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/register/2012/12/28/2012-31201·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
BILLING CODE 3290-F3-P DEPARTMENT OF TRANSPORTATION Federal Railroad Administration [Docket Number FRA-2010-0144] Petition for Waiver of Compliance In accordance with Part 211 of Title 49 Code of Federal Regulations, this document provides the public notice that by a document dated November 26, 2012, the Akron Barberton Cluster Railway
(AB)petitioned the Federal Railroad Administration
(FRA)for an extension of its waiver of compliance from certain provisions of the Federal hours of service laws contained at 49 U.S.C. 21103(a)(4). FRA assigned the petition Docket Number FRA-2010-0144. In its petition, AB seeks relief from 49 U.S.C. 21103(a)(4), which in part requires a train employee to receive 48 hours off duty after initiating an on-duty period for 6 consecutive days. Specifically, AB seeks an extension of the waiver to allow a train employee to initiate an on-duty period for 6 consecutive days followed by 24 hours off duty. In support of the request, AB explained that it has eight train employees with set hours and set days off. Additionally, AB employees do not layover at away-from-home locations, and the total time performing service for the railroad with the additional day is well below the 276-hour monthly maximum allowed. Finally, AB submitted its work schedules, all of which reflect five 7-hour work days, followed by the same 2 consecutive days off each week. A copy of the petition, as well as any written communications concerning the petition, is available for review online at *www.regulations.gov* and in person at the U.S. Department of Transportation's
(DOT)Docket Operations Facility, 1200 New Jersey Avenue SE., W12-140, Washington, DC 20590. The Docket Operations Facility is open from 9 a.m. to 5 p.m., Monday through Friday, except Federal Holidays. 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 and may be submitted by any of the following methods: • *Web site: http://www.regulations.gov/* . Follow the online instructions for submitting comments. • *Fax:* 202-493-2251. • *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 by February 11, 2013 will be considered by FRA before final action is taken. Comments received after that date will be considered as far as practicable. 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 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 online at *http://www.dot.gov/privacy.html* . Issued in Washington, DC, on December 20, 2012. Robert C. Lauby, Deputy Associate Administrator for Regulatory and Legislative Operations. [FR Doc. 2012-31201 Filed 12-27-12; 8:45 am]
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