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.
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                                                     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,


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                                                                                  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
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                                                  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.


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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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