80 FR 46385 - Petition for Waiver of Compliance

DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration

Federal Register Volume 80, Issue 149 (August 4, 2015)

Page Range		46385-46386
FR Document		2015-19086

Federal Register, Volume 80 Issue 149 (Tuesday, August 4, 2015)

[Federal Register Volume 80, Number 149 (Tuesday, August 4, 2015)]
[Notices]
[Pages 46385-46386]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-19086]


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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket Number FRA-2015-0070]


Petition for Waiver of Compliance

    In accordance with part 211 of Title 49 Code of Federal Regulations 
(CFR), this document provides the public notice that by a document 
dated June 24, 2015, Florida East Coast Railway (FECR) has petitioned 
the Federal Railroad Administration (FRA) for a waiver of compliance 
from certain provisions of the Federal railroad safety regulations 
contained at 49 CFR part

[[Page 46386]]

240-Qualification and Certification of Locomotive Engineers, and Part 
242-Qualification and Certification of Conductors. The relief is 
contingent on FECR's implementation of and participation in the 
Confidential Close Call Reporting System (C\3\RS) pilot project. FRA 
assigned the petition Docket Number FRA-2015-0070.
    FECR seeks to shield reporting employees and the railroad from 
mandatory punitive sanctions that would otherwise arise as provided in 
49 CFR 240.117(e)(1)-(4); 240.305(a)(l)-(4) and (a)(6); 240.307; 
242.403(b), (c), (e)(l)-(4), (e)(6)-(11), (f)(l)-(2); and 242.407. The 
C\3\RS pilot project encourages certified operating crew members to 
report close calls and protects employees and the railroad from 
discipline or sanctions arising from the incidents reported per the 
C\3\RS Implementing Memorandum of Understanding.
    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 September 18, 2015 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 document, 
if submitted on behalf of an association, business, labor union, etc.). 
In accordance with 5 U.S.C. 553(c), 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 www.regulations.gov, as described in the system of records 
notice (DOT/ALL-14 FDMS), which can be reviewed at www.dot.gov/privacy. 
See also http://www.regulations.gov/#!privacyNotice for the privacy 
notice of regulations.gov.

    Issued in Washington, DC, on July 29, 2015.
Ron Hynes,
Director, Office of Technical Oversight.
[FR Doc. 2015-19086 Filed 8-3-15; 8:45 am]
BILLING CODE 4910-06-P

Federal Register / Vol. 80, No. 149 / Tuesday, August 4, 2015 / Notices 46385

incorporated by reference into this commenters in a November 21, 2011, past guidance to FHWA Division Offices
notice. These projects are being Federal Register Notice (76 FR 72027) on manufactured products (see
undertaken to implement air quality as a car that is made in the U.S., is Memorandum on Buy America Policy
improvement, safety, and mobility goals comprised of only 45 percent of U.S. Response, Dec. 22, 1997, http://
under FHWA’s Congestion Mitigation and Canadian content according to the www.fhwa.dot.gov/programadmin/
and Air Quality Improvement Program; National Highway Traffic Safety contracts/122297.cfm). A waiver of the
National Bridge and Tunnel Inventory Administration’s Part 583 American Buy America requirement without any
and Inspection Program; and the Automobile Labeling Act Report Web regard to where the vehicle is assembled
Recreational Trails Program. page (http://www.nhtsa.gov/ would diminish the purpose of the Buy
Title 23, Code of Federal Regulations, Laws+&+Regulations/Part+583+ America requirement. Moreover, in
section 635.410 requires that steel or American+Automobile+Labeling+ today’s economic environment, the Buy
iron materials (including protective Act+(AALA)+Reports). Moreover, there America requirement is especially
coatings) that will be permanently is no indication of how much of this 45 significant in that it will ensure that
incorporated in a Federal-aid project percent content is U.S.-manufactured Federal Highway Trust Fund dollars are
must be manufactured in the U.S. For (from initial melting and mixing) iron used to support and create jobs in the
FHWA, this means that all the processes and steel content. U.S. This approach is similar to the
that modified the chemical content, In accordance with Division K, conditional waivers previously given for
physical shape or size, or final finish of section 122 of the ‘‘Consolidated and various vehicle projects. Thus, so long
the material (from initial melting and Further Continuing Appropriations Act, as the final assembly of the 57 State
mixing, continuing through the bending 2015’’ (Pub. L. 113–235), FHWA projects occurs in the U.S., applicants to
and coating) occurred in the U.S. The published a notice of intent to issue a this waiver request may proceed to
statute and regulations create a process waiver on its Web site at http:// purchase these vehicles and equipment
for granting waivers from the Buy www.fhwa.dot.gov/construction/ consistent with the Buy America
America requirements when its contracts/waivers.cfm?id=108 on une requirement.
application would be inconsistent with 12, 2015. The FHWA received five In accordance with the provisions of
the public interest or when satisfactory comments in response to the section 117 of the ‘‘Safe, Accountable,
quality domestic steel and iron products publication. All commenters expressed Flexible, Efficient Transportation Equity
are not sufficiently available. In 1983, support for granting the waiver with Act: A Legacy for Users, Technical
FHWA determined that it was both in suggestions. Richard Chaput suggested Corrections Act of 2008’’ (Pub. L. 110–
the public interest and consistent with that the waiver should be limited and 244), FHWA is providing this notice of
the legislative intent to waive Buy only granted when there is no its finding that a public interest waiver
America for manufactured products comparable product in America to of Buy America requirements is
other than steel manufactured products. justify a waiver. Allen W. Miller appropriate on the condition that the
However, FHWA’s national waiver for supports the waiver but suggested that vehicles and equipment identified in
manufactured products does not apply the only long term solution would be for the notice be assembled in the U.S. The
to the requests in this notice because the U.S. to reinvigorate manufacturing FHWA invites public comment on this
they involve predominately steel and through incentive; as well as the U.S. finding for an additional 15 days
iron manufactured products. The workforce being re-educated which will following the effective date of the
FHWA’s Buy America requirements do require the act of Congress. The Puget finding. Comments may be submitted to
not have special provisions for applying Sound Clean Air Agency, Port of Seattle FHWA’s Web site via the link provided
Buy America to ‘‘rolling stock’’ such as and Port of Tacoma support granting the to the waiver page noted above.
vehicles or vehicle components (see 49 waiver based on the efficiency and
U.S.C. 5323(j)(2)(C), 49 CFR 661.11, and benefits of CMAQ programs. The Puget Authority: 23 U.S.C. 313; Pub. L. 110–161,
49 U.S.C. 24405(a)(2)(C) for examples of Sound Clean Air Agency strongly urges 23 CFR 635.410.
Buy America rolling stock provisions for issuance of this waiver request to enable Issued on: July 28, 2015.
other DOT agencies). them to continue reduction of toxic Gregory G. Nadeau,
Based on all the information available diesel emissions from trucks serving the Acting Administrator, Federal Highway
to the agency, FHWA concludes that Port of Seattle and the Port of Tacoma Administration.
there are no domestic manufacturers and also reduce exposure to such toxics [FR Doc. 2015–19137 Filed 8–3–15; 8:45 am]
that produce the vehicles and vehicle for area residents. BILLING CODE 4910–22–P
components identified in this notice in Based on FHWA’s conclusion that
such a way that their steel and iron there are no domestic manufacturers
elements are manufactured that can produce the vehicles and DEPARTMENT OF TRANSPORTATION
domestically. The FHWA’s Buy America equipment identified in this notice in
requirements were tailored to the types such a way that steel and iron materials Federal Railroad Administration
of products that are typically used in are manufactured domestically, and
[Docket Number FRA–2015–0070]
highway construction, which generally after consideration of the comments
meet the requirement that steel and iron received, FHWA finds that application Petition for Waiver of Compliance
materials be manufactured domestically. of FHWA’s Buy America requirements
In today’s global industry, vehicles are to these products is inconsistent with In accordance with part 211 of Title
assembled with iron and steel the public interest (23 U.S.C. 313(b)(1) 49 Code of Federal Regulations (CFR),
components that are manufactured all and 23 CFR 635.410(c)(2)(i)). However, this document provides the public
tkelley on DSK3SPTVN1PROD with NOTICES

over the world. The FHWA is not aware FHWA believes that it is in the public notice that by a document dated June
of any domestically produced vehicle interest and consistent with the Buy 24, 2015, Florida East Coast Railway
on the market that meets FHWA’s Buy America requirements to impose the (FECR) has petitioned the Federal
America requirement to have all its iron condition that the vehicles and the Railroad Administration (FRA) for a
and steel be manufactured exclusively vehicle components be assembled in the waiver of compliance from certain
in the U.S. For example, the Chevrolet U.S. Requiring final assembly to be provisions of the Federal railroad safety
Volt, which was identified by many performed in the U.S. is consistent with regulations contained at 49 CFR part

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Document Created: 2015-12-18 14:51:56
Document Modified: 2015-12-18 14:51:56

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Notices
FR Citation		80 FR 46385

80 FR 46385 - Petition for Waiver of Compliance

DEPARTMENT OF TRANSPORTATIONFederal Railroad Administration

Federal Register Volume 80, Issue 149 (August 4, 2015)

DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration