[Federal Register Volume 61, Number 87 (Friday, May 3, 1996)]
[Notices]
[Pages 19973-19974]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-10964]
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[[Page 19974]]
DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
[FRA Docket Number HS-95-14]
Petition for Waiver of Compliance Association of American
Railroads
In accordance with title 49 CFR 211.9 and 211.41, notice is hereby
given that the Association of American Railroads (AAR), trade
association of railroads, has petitioned the Federal Railroad
Administration (FRA), on behalf of its members and other interested
railroads, for exemption from or waiver of compliance with a
requirement of its safety standards. The petition is descried below,
including the regulatory provisions involved, and the nature of the
relief being requested.
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 of
their request.
All communications concerning these proceedings should identify the
appropriate waiver petition docket number (e.g., Waiver Petition Docket
Number HS-95-14) and must be submitted in triplicate to the Docket
Clerk, Office of Chief Counsel, Federal Railroad Administration, Nassif
Building, 400 Seventh Street SW., Washington, DC 20590.
Communications received within 45 days of the date of publication
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. to
5 p.m.) in room 8201, Nassif Building, 400 Seventh Street SW.,
Washington, DC 20590.
The AAR, acting as a representative for its association members
requests a master waiver of compliance with certain provisions of FRA
Safety Regulations (Hours of Service of Railroad Employees). The master
waiver requested seeks relief from Title 49 Code of Federal Regulations
(CFR) Part 228.9(a)(1) for railroads utilizing a computerized system of
recording hours of duty data. Part 228.9(a)(1) requires that records
maintained under Part 228 be signed by the employee whose time is being
recorded, or in the case of train and engine crews, signed by the
ranking crew member.
The AAR is proposing that railroads seeking to establish a
computerized system of recording hours of duty information apply to FRA
for approval under the master waiver. Applications should specify the
covered service function (train/engine/yard, dispatcher/operator and/or
signal) for which signature relief is requested.
When accessing the computer for input of the hours of duty record,
required by Part 228.11, the AAR proposes that a secure password or
personal identification number ``pin'' will be utilized and will not
appear on the computer screen when the employee enters his or her
password or ``pin.'' The password or ``pin'' is proposed to satisfy the
signature requirements of Part 228.9(a)(1). The AAR maintains the
master waiver will reduce the burden of individual waivers on each
railroad seeking similar technological advances to modernize
recordkeeping. After adequate testing and compliance verified, a
railroad making request for inclusion under the master waiver may be
granted relief from the signature provisions of Part 228.9.
FRA's basic criteria for an electronic ``signatureless'' hours of
duty recordkeeping system, established under a prior waiver
application, is as follows. For purposes of inspection and printing,
the electronically displayed record of any proposed computerized hours
of duty recordkeeping system should be: (1) Crew based, by train or job
symbol, and (2) duty tour oriented. The record should include all
covered and commingled service within a duty tour. The system must also
meet the following three general requirements.
1. Security. The integrity of the program and data base must be
protected by a security system that restricts access to data input and
protects against any alteration of the original record after entry. The
security system should utilize an employee identification and secure
password technique or a comparable method that establishes levels of
program access.
2. Audit Trail. The program must include the capability to uniquely
identify the inputing individual. Since one record may have more than
one inputor, the program must be able to ``split'' the base record into
component records that identify data entered by specific individuals.
In addition, the program must be accessible through various railroad
field locations and remote non-railroad locations. The latter may be
accomplished through the use of a modem connection between the railroad
and FRA.
3. Program Logic. The program must satisfy the requirements of 49
CFR Part 228.11. The program must address all possible reporting events
required in Part 228.11 consistent with FRA's application of the
Federal hours of service law.
During the waiver review process, if the railroad wishes to test
``signatureless'' hours of duty recordkeeping, the railroad must
maintain a parallel system utilizing signed ``hard copies'' in addition
to the electronic data being tested. The railroad should develop an
electronic data base sufficient to facilitate a field review by FRA.
The railroad may elect to implement electronic recordkeeping along
function, division or craft boundaries. Therefore, the data offered for
FRA review should include all covered service within the parameters of
the requested relief.
Instructional guides, based on covered service functions, are
available by direct contact (Dan Norris 202 366-0503) or mailing
request to the Federal Railroad Administration, Operating Practice
Division--RRS11, 400 Seventh Street, SW., Washington, DC 20590 ATTN:
Dan Norris.
Issued in Washington, DC on April 29, 1996.
Phil Olekszyk,
Deputy Association Administrator for Safety Compliance and Program
Implementation.
[FR Doc. 96-10964 Filed 5-2-96; 8:45 am]
BILLING CODE 4910-06-M
