81_FR_45351 81 FR 45218 - Petition for Waiver of Compliance

81 FR 45218 - Petition for Waiver of Compliance

DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration

Federal Register Volume 81, Issue 133 (July 12, 2016)

Page Range45218-45219
FR Document2016-16424

Federal Register, Volume 81 Issue 133 (Tuesday, July 12, 2016) 
[Federal Register Volume 81, Number 133 (Tuesday, July 12, 2016)]
[Notices]
[Pages 45218-45219]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-16424]


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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket Number FRA-2008-0065]


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 May, 4, 2016, the Maryland Transit Administration (MARC) 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 238.309(a)(2), 229.27(a)(2), and 
229.29(e). FRA assigned the petition Docket Number FRA-2008-0065.
    MARC's purpose for the submission of this petition is to gain 
acceptance by FRA of the application of the following alternate 
standards for the CCB-KE-3.9 air brake system of the MARC HHP-8 
locomotives. This alternate standard to 49 CFR 229.29(e) and 
238.309(a)(2) is to allow for the level two and level three maintenance 
intervals to be 2,944 days (8 years). This request for the application 
of an alternate standard is based on the results of an age exploration 
study for the HHP8 air brake system as outlined in Docket Numbers FRA-
2008-0065 and FRA-2001-10596.
    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 Docket Operations Facility, 1200 New Jersey Avenue 
SE., W12-140,

[[Page 45219]]

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 August 26, 2016 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.

Patrick T. Warren,
Deputy Associate Administrator for Safety Compliance and Program 
Implementation.
[FR Doc. 2016-16424 Filed 7-11-16; 8:45 am]
 BILLING CODE 4910-06-P

45218 Federal Register / Vol. 81, No. 133 / Tuesday, July 12, 2016 / Notices current regulation (49 CFR 381.305). Daimler, Ms. Baumann is familiar with revoked if: (1) Ms. Baumann fails to The decision of the Agency must be the operation of CMVs worldwide. comply with the terms and conditions published in the Federal Register (49 FMCSA has previously determined of the exemption; (2) the exemption CFR 381.315(b)) with the reason for the that the process for obtaining a German results in a lower level of safety than grant or denial, and, if granted, the commercial license is comparable to, or was maintained before it was granted; or specific person or class of persons as effective as, the requirements of part (3) continuation of the exemption would receiving the exemption, and the 383, and adequately assesses the be inconsistent with the goals and regulatory provision or provisions from driver’s ability to operate CMVs in the objectives of 49 U.S.C. 31315 and 31136. which exemption is granted. The notice U.S. Since 2012, FMCSA has granted must also specify the effective period of Daimler drivers similar exemptions VIII. Preemption the exemption (up to 5 years), and [May 25, 2012 (77 FR 31422); July 22, In accordance with 49 U.S.C. explain its terms and conditions. The 2014 (79 FR 42626); March 27, 2015 (80 31315(d), as implemented by 49 CFR exemption may be renewed (49 CFR FR 16511); October 5, 2015 (80 FR 381.600, during the period this 381.300(b)). 60220); December 7, 2015 (80 FR exemption is in effect, no State shall Section 5206(a)(3) of the ‘‘Fixing 76059); December 21, 2015 (80 FR enforce any law or regulation applicable America’s Surface Transportation Act,’’ 79410)]. to interstate or intrastate commerce that (FAST Act) [Pub. L. 114–94, 129 Stat. conflicts with or is inconsistent with 1312, 1537, Dec. 4, 2015], amended 49 Public Comments this exemption with respect to a firm or U.S.C. 31315(b) by adding a new On April 5, 2016, FMCSA published person operating under the exemption. paragraph (2) which permits exemptions notice of this application and requested Issued on: June 29, 2016. for no longer than five years from their public comments (81 FR 19702). There were no comments in opposition or in T.F. Scott Darling, III, dates of inception, instead of the previous two years. This statutory support of the proposed exemption. Acting Administrator . provision will be codified in 49 CFR [FR Doc. 2016–16425 Filed 7–11–16; 8:45 am] FMCSA Decision part 381 in a forthcoming rulemaking. BILLING CODE 4910–EX–P Based upon the merits of this III. Request for Exemption application, including Ms. Baumann’s Daimler applied for a 30-day waiver extensive driving experience and safety DEPARTMENT OF TRANSPORTATION and a 5-year exemption from 49 CFR record, FMCSA concluded that the 383.23, which prescribes licensing exemption would likely achieve a level Federal Railroad Administration requirements for drivers operating of safety that is equivalent to or greater [Docket Number FRA–2008–0065] CMVs in interstate or intrastate than the level that would be achieved commerce, for one of its drivers, Ms. absent such exemption, in accordance Petition for Waiver of Compliance Melanie Baumann. Ms. Baumann holds with § 381.305(a). a valid German commercial license but In accordance with part 211 of Title Terms and Conditions for the 49 Code of Federal Regulations (CFR), is unable to obtain a CDL in any of the U.S. States due to residency Exemption this document provides the public requirements. A copy of the application FMCSA grants Daimler and Melanie notice that by a document dated May, 4, is in Docket No. FMCSA–2012–0032. Baumann an exemption from the CDL 2016, the Maryland Transit On April 3, 2016, FMCSA granted Ms. requirement in 49 CFR 383.23 to allow Administration (MARC) has petitioned Baumann a waiver effective from June 1 Ms. Baumann to drive CMVs in this the Federal Railroad Administration through June 30, 2016, to allow her to country without a U.S. State-issued (FRA) for a waiver of compliance from drive Daimler vehicles as described in CDL, subject to the following terms and certain provisions of the Federal the application for the exemption. The conditions: (1) The driver and carrier railroad safety regulations contained at 5-year exemption will replace the must comply with all other applicable 49 CFR 238.309(a)(2), 229.27(a)(2), and waiver before it expires. Ms. Baumann provisions of the Federal Motor Carrier 229.29(e). FRA assigned the petition needs to drive Daimler vehicles on Safety Regulations (FMCSRs) (49 CFR Docket Number FRA–2008–0065. public roads to better understand ‘‘real parts 350–399); (2) the driver must be in MARC’s purpose for the submission world’’ environments in the U.S. possession of the exemption document of this petition is to gain acceptance by market. According to Daimler, Ms. and a valid German commercial license; FRA of the application of the following Baumann will typically drive for no (3) the driver must be employed by and alternate standards for the CCB–KE–3.9 more than 6 hours per day for 2 operate the CMV within the scope of her air brake system of the MARC HHP–8 consecutive days, and that 10 percent of duties for Daimler; (4) at all times while locomotives. This alternate standard to the test driving will be on two-lane State operating a CMV under this exemption, 49 CFR 229.29(e) and 238.309(a)(2) is to highways, while 90 percent will be on the driver must be accompanied by a allow for the level two and level three Interstate highways. The driving will holder of a U.S. CDL who is familiar maintenance intervals to be 2,944 days consist of no more than 200 miles per with the routes traveled; (5) Daimler (8 years). This request for the day, for a total of 400 miles during a must notify FMCSA in writing within 5 application of an alternate standard is two-day period on a quarterly basis. She business days of any accident, as based on the results of an age will in all cases be accompanied by a defined in 49 CFR 390.5, involving this exploration study for the HHP8 air brake holder of a U.S. CDL who is familiar driver; and (6) Daimler must notify system as outlined in Docket Numbers with the routes to be traveled. FMCSA in writing if this driver is FRA–2008–0065 and FRA–2001–10596. mstockstill on DSK3G9T082PROD with NOTICES Ms. Baumann holds a valid German convicted of a disqualifying offense A copy of the petition, as well as any commercial license, and as explained by under § 383.51 or § 391.15 of the written communications concerning the Daimler in its exemption request, the FMCSRs. petition, is available for review online at requirements for that license ensure that In accordance with 49 U.S.C. 31315 www.regulations.gov and in person at the same level of safety is met or and 31136(e), the exemption will be the U.S. Department of Transportation’s exceeded as if this driver had a U.S. valid for 5 years unless revoked earlier Docket Operations Facility, 1200 New CDL. Furthermore, according to by the FMCSA. The exemption will be Jersey Avenue SE., W12–140, VerDate Sep<11>2014 18:30 Jul 11, 2016 Jkt 238001 PO 00000 Frm 00098 Fmt 4703 Sfmt 4703 E:\FR\FM\12JYN1.SGM 12JYN1

Federal Register / Vol. 81, No. 133 / Tuesday, July 12, 2016 / Notices 45219 Washington, DC 20590. The Docket DEPARTMENT OF TRANSPORTATION in a letter, dated March 11, 2016, the Operations Facility is open from 9 a.m. City’s Solicitor confirmed to PHMSA to 5 p.m., Monday through Friday, Pipeline and Hazardous Materials that the City had stopped enforcing its except Federal Holidays. Safety Administration permit and fee requirements to transport Interested parties are invited to [Docket No. PHMSA–2014–0002; PDA– hazardous materials in 2013, and further participate in these proceedings by 36(R)] stated that it had no intention of taking submitting written views, data, or it up again. comments. FRA does not anticipate Hazardous Materials: Pittsburgh, In light of this information, ATA’s Pennsylvania Permit Requirements for application is hereby dismissed, and the scheduling a public hearing in Transportation of Hazardous Material docket is closed. In the future, if the connection with these proceedings since City of Pittsburgh, Pennsylvania’s the facts do not appear to warrant a AGENCY: Pipeline and Hazardous permit and permit fee requirements are hearing. If any interested party desires Materials Safety Administration ever applied and enforced, ATA may an opportunity for oral comment, they (PHMSA), DOT. again submit an application for a should notify FRA, in writing, before ACTION: Notice Dismissing Application preemption determination. the end of the comment period and and Closing the Docket. Applicable Federal Requirements: specify the basis for their request. Federal hazardous material All communications concerning these SUMMARY: The application for a transportation law, 49 U.S.C. 5101 et proceedings should identify the determination of preemption is seq., and the Hazardous Materials appropriate docket number and may be dismissed, and this docket is closed, Regulations (HMR), 49 CFR parts 171– submitted by any of the following because the City of Pittsburgh, 180. methods: Pennsylvania’s permit and permit fee Mode Affected: Highway. requirements are not being applied or • Web site: http:// enforced. Issued in Washington, DC, on July 6, 2016. www.regulations.gov. Follow the online Joseph Solomey, instructions for submitting comments. FOR FURTHER INFORMATION CONTACT: Senior Assistant Chief Counsel. Vincent Lopez, Office of Chief Counsel • Fax: 202–493–2251. (PHC–10), Pipeline and Hazardous [FR Doc. 2016–16386 Filed 7–11–16; 8:45 am] • Mail: Docket Operations Facility, Materials Safety Administration, U.S. BILLING CODE 4910–60–P U.S. Department of Transportation, 1200 Department of Transportation, 1200 New Jersey Avenue SE., W12–140, New Jersey Avenue SE., Washington, Washington, DC 20590. DC 20590; telephone No. 202–366–4400; DEPARTMENT OF THE TREASURY • Hand Delivery: 1200 New Jersey facsimile No. 202–366–7041. SUPPLEMENTARY INFORMATION: The Community Development Financial Avenue SE., Room W12–140, American Trucking Associations, Inc. Institutions Fund Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, (ATA) applied for an administrative Information Collection, CDFI and except Federal Holidays. determination concerning whether NACA Programs Federal hazardous material Communications received by August transportation law, 49 U.S.C. 5101 et AGENCY: Community Development 26, 2016 will be considered by FRA seq., preempts requirements of the City Financial Institutions Fund, Treasury. before final action is taken. Comments of Pittsburgh, Pennsylvania (City) for a ACTION: Notice and Request for Public received after that date will be permit to transport hazardous materials Comment. considered as far as practicable. by motor vehicle and the fee to obtain Anyone is able to search the the permit. On April 7, 2014, PHMSA SUMMARY: The U.S. Department of the electronic form of any written published a public notice and invitation Treasury, as part of its continuing effort communications and comments to comment on ATA’s application. 79 to reduce paperwork and respondent received into any of our dockets by the FR 21840. On June 2, 2014, the burden, invites the general public and name of the individual submitting the comment period closed without any other Federal agencies to take this comment (or signing the document, if parties submitting comments. On April opportunity to comment on proposed submitted on behalf of an association, 27, 2015, PHMSA published a notice of and/or continuing information business, labor union, etc.). In delay in processing ATA’s application collections, as required by the accordance with 5 U.S.C. 553(c), DOT in order to conduct additional fact- Paperwork Reduction Act (PRA) of solicits comments from the public to finding and legal analysis in response to 1995, 44 U.S.C. 3506(c)(2)(A). Currently, better inform its processes. DOT posts the application. 80 FR 23328. On July 6, the Community Development Financial these comments, without edit, including 2015, PHMSA sent a letter to the City’s Institutions Fund (CDFI Fund), U.S. any personal information the Solicitor, and its Fire Chief, to Department of the Treasury, is soliciting commenter provides, to encourage the city to participate in the comments concerning the Community www.regulations.gov, as described in proceeding. On July 20, 2015, the City Development Financial Institutions the system of records notice (DOT/ALL– responded to PHMSA’s letter and Program (CDFI Program) and the Native 14 FDMS), which can be reviewed at informed the agency that the ‘‘City of American CDFI Assistance Program www.dot.gov/privacy. See also http:// Pittsburgh at this time is not accepting (NACA Program) Financial Assistance www.regulations.gov/#!privacyNotice applications for the ‘Transportation of and Technical Assistance Applications mstockstill on DSK3G9T082PROD with NOTICES for the privacy notice of regulations.gov. Hazardous Materials’ permit and has not for the FY 2017–FY 2019 funding done so since 2013.’’ The City further rounds (hereafter, the Application or Patrick T. Warren, stated that ‘‘[n]o fees were collected for Applications). The CDFI Fund is Deputy Associate Administrator for Safety 2014 or 2015. For 2013, the City of required by law to make the Compliance and Program Implementation. Pittsburgh collected a total of $8,316.00 Applications publically available for [FR Doc. 2016–16424 Filed 7–11–16; 8:45 am] which was deposited into the City of comment prior to submission for a new BILLING CODE 4910–06–P Pittsburgh’s General Fund.’’ Thereafter, PRA number. VerDate Sep<11>2014 18:30 Jul 11, 2016 Jkt 238001 PO 00000 Frm 00099 Fmt 4703 Sfmt 4703 E:\FR\FM\12JYN1.SGM 12JYN1


Document Created: 2016-07-12 01:59:12
Document Modified: 2016-07-12 01:59:12
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
FR Citation81 FR 45218 
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