80_FR_74431 80 FR 74203 - Requested Administrative Waiver of the Coastwise Trade Laws: Vessel LOCURA; Invitation for Public Comments

80 FR 74203 - Requested Administrative Waiver of the Coastwise Trade Laws: Vessel LOCURA; Invitation for Public Comments

DEPARTMENT OF TRANSPORTATION
Maritime Administration

Federal Register Volume 80, Issue 228 (November 27, 2015)

Page Range74203-74204
FR Document2015-30204

As authorized by 46 U.S.C. 12121, the Secretary of Transportation, as represented by the Maritime Administration (MARAD), is authorized to grant waivers of the U.S.-build requirement of the coastwise laws under certain circumstances. A request for such a waiver has been received by MARAD. The vessel, and a brief description of the proposed service, is listed below.

Federal Register, Volume 80 Issue 228 (Friday, November 27, 2015)
[Federal Register Volume 80, Number 228 (Friday, November 27, 2015)]
[Notices]
[Pages 74203-74204]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-30204]


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DEPARTMENT OF TRANSPORTATION

Maritime Administration

[Docket No. MARAD-2015-0134]


Requested Administrative Waiver of the Coastwise Trade Laws: 
Vessel LOCURA; Invitation for Public Comments

AGENCY: Maritime Administration, Department of Transportation.

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: As authorized by 46 U.S.C. 12121, the Secretary of 
Transportation, as represented by the Maritime Administration (MARAD), 
is authorized to grant waivers of the U.S.-build requirement of the 
coastwise laws under certain circumstances. A request for

[[Page 74204]]

such a waiver has been received by MARAD. The vessel, and a brief 
description of the proposed service, is listed below.

DATES: Submit comments on or before December 28, 2015.

ADDRESSES: Comments should refer to docket number MARAD-2015-0134. 
Written comments may be submitted by hand or by mail to the Docket 
Clerk, U.S. Department of Transportation, Docket Operations, M-30, West 
Building Ground Floor, Room W12-140, 1200 New Jersey Avenue SE., 
Washington, DC 20590. You may also send comments electronically via the 
Internet at http://www.regulations.gov. All comments will become part 
of this docket and will be available for inspection and copying at the 
above address between 10 a.m. and 5 p.m., E.T., Monday through Friday, 
except federal holidays. An electronic version of this document and all 
documents entered into this docket is available on the World Wide Web 
at http://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Linda Williams, U.S. Department of 
Transportation, Maritime Administration, 1200 New Jersey Avenue SE., 
Room W23-453, Washington, DC 20590. Telephone 202-366-0903, Email 
Linda.Williams@dot.gov.

SUPPLEMENTARY INFORMATION: As described by the applicant the intended 
service of the vessel LOCURA is:
    Intended Commercial Use of Vessel: ``Private Vessel Charters, 
Passengers Only''.
    Geographic Region: ``Maine, New Hampshire, Massachusetts, Rhode 
Island, Connecticut, New York, New Jersey, Pennsylvania, Delaware, 
Maryland, Virginia, North Carolina, South Carolina, Georgia, Florida, 
California, Oregon, Washington and Alaska (excluding waters in 
Southeastern Alaska and waters north of a line between Gore Point to 
Cape Suckling [including the North Gulf Coast and Prince William 
Sound]).''
    The complete application is given in DOT docket MARAD-2015-0134 at 
http://www.regulations.gov. Interested parties may comment on the 
effect this action may have on U.S. vessel builders or businesses in 
the U.S. that use U.S.-flag vessels. If MARAD determines, in accordance 
with 46 U.S.C. 12121 and MARAD's regulations at 46 CFR part 388, that 
the issuance of the waiver will have an unduly adverse effect on a 
U.S.-vessel builder or a business that uses U.S.-flag vessels in that 
business, a waiver will not be granted. Comments should refer to the 
docket number of this notice and the vessel name in order for MARAD to 
properly consider the comments. Comments should also state the 
commenter's interest in the waiver application, and address the waiver 
criteria given in Sec.  388.4 of MARAD's regulations at 46 CFR part 
388.

Privacy Act

    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).

    By Order of the Maritime Administrator.
    Dated: November 19, 2015.
Thomas M. Hudson, Jr.,
Secretary, Maritime Administration.
[FR Doc. 2015-30204 Filed 11-25-15; 8:45 am]
BILLING CODE 4910-81-P



                                                                              Federal Register / Vol. 80, No. 228 / Friday, November 27, 2015 / Notices                                                  74203

                                                  number, ‘‘FMCSA–2015–0394’’ in the                      which exemption is granted. The notice                     ME’s must transmit the result of each
                                                  ‘‘Keyword’’ box, and click ‘‘Search.’’                  must also specify the effective period of               driver medical examination they
                                                  When the new screen appears, click on                   the exemption (up to 2 years), and                      conduct to FMCSA electronically
                                                  ‘‘Comment Now!’’ button and type your                   explain the terms and conditions of the                 (391.41(g)(5)(i)(a)). FMCSA transmits
                                                  comment into the text box in the                        exemption. The exemption may be                         the information to CDLIS, and SDLAs
                                                  following screen. Choose whether you                    renewed (49 CFR 381.300(b)).                            are required to extract the information
                                                  are submitting your comment as an                                                                               from CDLIS and post on each MVR
                                                  individual or on behalf of a third party                III. Background                                         whether the driver is medically
                                                  and then submit. If you submit your                        The Commercial Motor Vehicle Safety                  qualified to operate a CMV (49 CFR
                                                  comments by mail or hand delivery,                      Act of 1986 (CMVSA) was designed to                     383.73(b)(5)). Motor carriers must obtain
                                                  submit them in an unbound format, no                    improve highway safety by ensuring                      the revised MVR of its drivers from the
                                                  larger than 81⁄2 by 11 inches, suitable for             that truck and bus drivers are qualified                State of licensure within 15 days of the
                                                  copying and electronic filing. If you                   to drive a commercial motor vehicle                     date of a medical examination and
                                                  submit comments by mail and would                       (CMV).1 CMVSA mandated that the                         retain it in the driver’s qualification file
                                                  like to know that they reached the                      Federal government establish minimum                    (49 CFR 391.51(b)(7)(ii)). Some motor
                                                  facility, please enclose a stamped, self-               requirements for issuance of a                          carriers retain third-party agents to
                                                  addressed postcard or envelope.                         commercial driver’s license (CDL) to be                 manage this and other recordkeeping
                                                     FMCSA will consider all comments                     issued by the States. It provided for                   requirements. Some SDLAs will not
                                                  and material received during the                        removal of driving privileges from                      provide revised MVRs to third-party
                                                  comment period and may grant or not                     unsafe and unqualified drivers. The                     agents.
                                                  grant this application based on your                    CMVSA also mandated the creation of
                                                  comments.                                                                                                       IV. Request for Exemption
                                                                                                          the Commercial Driver’s Licensing
                                                                                                          Information System (CDLIS), a                              Applicant A&P retains a third-party
                                                  Viewing Comments and Documents                                                                                  agent to obtain revised MVRs of its CMV
                                                                                                          cooperative exchange of the 50 States
                                                     To view comments, as well as                                                                                 drivers. It has applied for exemption
                                                                                                          and the District of Columbia. CDLIS
                                                  documents mentioned in this preamble                                                                            from the requirement of 49 CFR
                                                                                                          documents the issuance of a CDL by a
                                                  as being available in the docket, go to                                                                         391.51(b)(7)(ii) that motor carriers
                                                                                                          State and all subsequent actions by a
                                                  www.regulations.gov and insert the                                                                              obtain the revised MVR of the driver
                                                                                                          State driver licensing agency (SDLA)
                                                  docket number, ‘‘FMCSA–2015–0394’’                                                                              from the State that licenses the driver
                                                                                                          relative to that CDL, such as suspension,
                                                  in the ‘‘Keyword’’ box and click                                                                                within 15 days of the date of the
                                                                                                          downgrade or removal of all driving
                                                  ‘‘Search.’’ Next, click ‘‘Open Docket                                                                           medical examination. A&P has applied
                                                                                                          privileges. Thus, each CDL driver has a
                                                  Folder’’ button and choose the                                                                                  on behalf of all motor carriers who must
                                                                                                          single motor vehicle record (MVR).
                                                  document listed to review. If you do not                                                                        obtain MVRs of their CDL drivers. A&P
                                                                                                          Federal and State law enforcement
                                                  have access to the Internet, you may                                                                            suggests that motor carriers be permitted
                                                                                                          officials access CDLIS electronically at
                                                  view the docket online by visiting the                                                                          to ‘‘have a copy of [the] current MVR
                                                                                                          roadside to verify the licensing status of
                                                  Docket Management Facility in Room                                                                              from the third party provider and proof
                                                                                                          CMV drivers.
                                                  W12–140 on the ground floor of the                                                                              the medical certificate has been filed’’
                                                  DOT West Building, 1200 New Jersey                         The FMCSRs (49 CFR part 350 et seq.)
                                                                                                                                                                  with the SDLA in lieu of the existing
                                                  Avenue SE., Washington, DC 20590,                       require operators of CMVs to be
                                                                                                                                                                  requirement.
                                                  between 9 a.m. and 5 p.m., e.t., Monday                 medically examined and found                               A copy of A&P’s application is in the
                                                  through Friday, except Federal holidays.                physically qualified to perform their                   docket of this matter.
                                                                                                          job-related duties (49 CFR
                                                  II. Legal Basis                                         391.41(a)(1)(i)). CMV drivers must be re-                 Dated: November 6, 2015.
                                                                                                          examined every two years (49 CFR                        Larry W. Minor,
                                                     FMCSA has authority under 49 U.S.C.
                                                  31136(e) and 31315 to grant exemptions                  391.45(b)(1)) or more frequently for                    Associate Administrator for Policy.
                                                  from the FMCSRs. FMCSA must publish                     medical reasons. Only medical                           [FR Doc. 2015–30152 Filed 11–25–15; 8:45 am]
                                                  a notice of each exemption request in                   examiners (MEs) approved by FMCSA                       BILLING CODE 4910–EX–P
                                                  the Federal Register (49 CFR                            and listed on the Agency’s National
                                                  381.315(a)). The Agency must provide                    Registry of Certified Medical Examiners
                                                  the public an opportunity to inspect the                may perform medical examinations of                     DEPARTMENT OF TRANSPORTATION
                                                  information relevant to the application,                CDL drivers (49 CFR 391.42).
                                                                                                                                                                  Maritime Administration
                                                  including any safety analyses that have
                                                  been conducted, and must provide an                       1 The  CMVSA definition of ‘‘commercial motor         [Docket No. MARAD–2015–0134]
                                                  opportunity for public comment on the                   vehicle’’ was adopted verbatim by 49 CFR 383.5:
                                                                                                          ‘‘Commercial motor vehicle means a motor vehicle        Requested Administrative Waiver of
                                                  request.                                                or combination of motor vehicles used in commerce
                                                     The Agency reviews the safety                                                                                the Coastwise Trade Laws: Vessel
                                                                                                          to transport passengers or property if the motor
                                                  analyses and the public comments, and                   vehicle is a—(1) Combination Vehicle (Group A)—         LOCURA; Invitation for Public
                                                  determines whether granting the                         having a gross combination weight rating or gross       Comments
                                                                                                          combination weight of 11,794 kilograms or more
                                                  exemption would likely achieve a level                  (26,001 pounds or more), whichever is greater,          AGENCY: Maritime Administration,
                                                  of safety equivalent to, or greater than,               inclusive of a towed unit(s) with a gross vehicle       Department of Transportation.
                                                  the level that would be achieved by the                 weight rating or gross vehicle weight of more than
                                                                                                                                                                  ACTION: Notice.
                                                                                                          4,536 kilograms (10,000 pounds), whichever is
mstockstill on DSK4VPTVN1PROD with NOTICES




                                                  current regulation (49 CFR 381.305).
                                                                                                          greater; or (2) Heavy Straight Vehicle (Group B)—
                                                  The decision of the Agency must be                      having a gross vehicle weight rating or gross vehicle
                                                                                                                                                                  SUMMARY:   As authorized by 46 U.S.C.
                                                  published in the Federal Register (49                   weight of 11,794 or more kilograms (26,001 pounds       12121, the Secretary of Transportation,
                                                  CFR 381.315(b)) with the reason for the                 or more), whichever is greater; or (3) Small Vehicle    as represented by the Maritime
                                                  grant or denial, and, if granted, the                   (Group C)—(i) that does not meet Group A or B           Administration (MARAD), is authorized
                                                                                                          requirements; (ii) Is designed to transport 16 or
                                                  specific person or class of persons                     more passengers, including the driver; or (iii) Is of
                                                                                                                                                                  to grant waivers of the U.S.-build
                                                  receiving the exemption, and the                        any size and is used in the transportation of certain   requirement of the coastwise laws under
                                                  regulatory provision or provisions from                 hazardous materials (49 CFR 383.5).’’                   certain circumstances. A request for


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                                                  74204                       Federal Register / Vol. 80, No. 228 / Friday, November 27, 2015 / Notices

                                                  such a waiver has been received by                      should refer to the docket number of                  docket and will be available for
                                                  MARAD. The vessel, and a brief                          this notice and the vessel name in order              inspection and copying at the above
                                                  description of the proposed service, is                 for MARAD to properly consider the                    address between 10 a.m. and 5 p.m.,
                                                  listed below.                                           comments. Comments should also state                  E.T., Monday through Friday, except
                                                  DATES: Submit comments on or before                     the commenter’s interest in the waiver                federal holidays. An electronic version
                                                  December 28, 2015.                                      application, and address the waiver                   of this document and all documents
                                                  ADDRESSES: Comments should refer to
                                                                                                          criteria given in § 388.4 of MARAD’s                  entered into this docket is available on
                                                  docket number MARAD–2015–0134.                          regulations at 46 CFR part 388.                       the World Wide Web at http://
                                                  Written comments may be submitted by                                                                          www.regulations.gov.
                                                                                                          Privacy Act
                                                  hand or by mail to the Docket Clerk,                                                                          FOR FURTHER INFORMATION CONTACT:
                                                                                                            Anyone is able to search the
                                                  U.S. Department of Transportation,                                                                            Linda Williams, U.S. Department of
                                                                                                          electronic form of all comments
                                                  Docket Operations, M–30, West                                                                                 Transportation, Maritime
                                                                                                          received into any of our dockets by the
                                                  Building Ground Floor, Room W12–140,                                                                          Administration, 1200 New Jersey
                                                                                                          name of the individual submitting the
                                                  1200 New Jersey Avenue SE.,                                                                                   Avenue SE., Room W23–453,
                                                                                                          comment (or signing the comment, if
                                                  Washington, DC 20590. You may also                                                                            Washington, DC 20590. Telephone 202–
                                                                                                          submitted on behalf of an association,
                                                  send comments electronically via the                                                                          366–0903, Email Linda.Williams@
                                                                                                          business, labor union, etc.). You may
                                                  Internet at http://www.regulations.gov.                                                                       dot.gov.
                                                                                                          review DOT’s complete Privacy Act
                                                  All comments will become part of this
                                                                                                          Statement in the Federal Register                     SUPPLEMENTARY INFORMATION:
                                                  docket and will be available for
                                                                                                          published on April 11, 2000 (Volume                      As described by the applicant the
                                                  inspection and copying at the above
                                                                                                          65, Number 70; Pages 19477–78).                       intended service of the vessel
                                                  address between 10 a.m. and 5 p.m.,
                                                  E.T., Monday through Friday, except                       By Order of the Maritime Administrator.             CHEYENNE is:
                                                  federal holidays. An electronic version                   Dated: November 19, 2015.
                                                                                                                                                                   Intended Commercial Use of Vessel:
                                                  of this document and all documents                      Thomas M. Hudson, Jr.,                                ‘‘Ocean observations, sightseeing,
                                                  entered into this docket is available on                Secretary, Maritime Administration.                   diving.’’
                                                  the World Wide Web at http://                           [FR Doc. 2015–30204 Filed 11–25–15; 8:45 am]             Geographic Region: ‘‘Washington
                                                  www.regulations.gov.                                    BILLING CODE 4910–81–P                                State, California, Hawaii, Texas, Florida,
                                                  FOR FURTHER INFORMATION CONTACT:                                                                              Georgia, New Jersey, Maryland,
                                                  Linda Williams, U.S. Department of                                                                            Delaware, Washington DC, New York,
                                                                                                          DEPARTMENT OF TRANSPORTATION                          Rhode Island, Massachusetts, Puerto
                                                  Transportation, Maritime
                                                  Administration, 1200 New Jersey                                                                               Rico.’’
                                                                                                          Maritime Administration
                                                  Avenue SE., Room W23–453,                                                                                        The complete application is given in
                                                  Washington, DC 20590. Telephone 202–                    [Docket No. MARAD–2015–0132]                          DOT docket MARAD–2015–0132 at
                                                  366–0903, Email Linda.Williams@                                                                               http://www.regulations.gov. Interested
                                                  dot.gov.                                                Requested Administrative Waiver of
                                                                                                                                                                parties may comment on the effect this
                                                                                                          the Coastwise Trade Laws: Vessel
                                                  SUPPLEMENTARY INFORMATION:     As                                                                             action may have on U.S. vessel builders
                                                                                                          CHEYENNE; Invitation for Public
                                                  described by the applicant the intended                                                                       or businesses in the U.S. that use U.S.-
                                                                                                          Comments
                                                  service of the vessel LOCURA is:                                                                              flag vessels. If MARAD determines, in
                                                     Intended Commercial Use of Vessel:                   AGENCY: Maritime Administration,                      accordance with 46 U.S.C. 12121 and
                                                  ‘‘Private Vessel Charters, Passengers                   Department of Transportation.                         MARAD’s regulations at 46 CFR part
                                                  Only’’.                                                 ACTION: Notice.                                       388, that the issuance of the waiver will
                                                     Geographic Region: ‘‘Maine, New                                                                            have an unduly adverse effect on a U.S.-
                                                  Hampshire, Massachusetts, Rhode                         SUMMARY:   As authorized by 46 U.S.C.                 vessel builder or a business that uses
                                                  Island, Connecticut, New York, New                      12121, the Secretary of Transportation,               U.S.-flag vessels in that business, a
                                                  Jersey, Pennsylvania, Delaware,                         as represented by the Maritime                        waiver will not be granted. Comments
                                                  Maryland, Virginia, North Carolina,                     Administration (MARAD), is authorized                 should refer to the docket number of
                                                  South Carolina, Georgia, Florida,                       to grant waivers of the U.S.-build                    this notice and the vessel name in order
                                                  California, Oregon, Washington and                      requirement of the coastwise laws under               for MARAD to properly consider the
                                                  Alaska (excluding waters in                             certain circumstances. A request for                  comments. Comments should also state
                                                  Southeastern Alaska and waters north of                 such a waiver has been received by                    the commenter’s interest in the waiver
                                                  a line between Gore Point to Cape                       MARAD. The vessel, and a brief                        application, and address the waiver
                                                  Suckling [including the North Gulf                      description of the proposed service, is               criteria given in § 388.4 of MARAD’s
                                                  Coast and Prince William Sound]).’’                     listed below.                                         regulations at 46 CFR part 388.
                                                     The complete application is given in                 DATES: Submit comments on or before                   Privacy Act
                                                  DOT docket MARAD–2015–0134 at                           December 28, 2015.
                                                  http://www.regulations.gov. Interested                  ADDRESSES: Comments should refer to                     Anyone is able to search the
                                                  parties may comment on the effect this                  docket number MARAD–2015–0132.                        electronic form of all comments
                                                  action may have on U.S. vessel builders                 Written comments may be submitted by                  received into any of our dockets by the
                                                  or businesses in the U.S. that use U.S.-                hand or by mail to the Docket Clerk,                  name of the individual submitting the
                                                                                                                                                                comment (or signing the comment, if
mstockstill on DSK4VPTVN1PROD with NOTICES




                                                  flag vessels. If MARAD determines, in                   U.S. Department of Transportation,
                                                  accordance with 46 U.S.C. 12121 and                     Docket Operations, M–30, West                         submitted on behalf of an association,
                                                  MARAD’s regulations at 46 CFR part                      Building Ground Floor, Room W12–140,                  business, labor union, etc.). You may
                                                  388, that the issuance of the waiver will               1200 New Jersey Avenue SE.,                           review DOT’s complete Privacy Act
                                                  have an unduly adverse effect on a U.S.-                Washington, DC 20590. You may also                    Statement in the Federal Register
                                                  vessel builder or a business that uses                  send comments electronically via the                  published on April 11, 2000 (Volume
                                                  U.S.-flag vessels in that business, a                   Internet at http://www.regulations.gov.               65, Number 70; Pages 19477–78).
                                                  waiver will not be granted. Comments                    All comments will become part of this                   By Order of the Maritime Administrator.



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Document Created: 2015-12-14 14:05:14
Document Modified: 2015-12-14 14:05:14
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice.
DatesSubmit comments on or before December 28, 2015.
ContactLinda Williams, U.S. Department of Transportation, Maritime Administration, 1200 New Jersey Avenue SE., Room W23-453, Washington, DC 20590. Telephone 202-366-0903, Email [email protected]
FR Citation80 FR 74203 

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