81 FR 70738 - Petition for Special Approval of Alternate Standard

DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration

Federal Register Volume 81, Issue 198 (October 13, 2016)

Page Range		70738-70739
FR Document		2016-24678

Federal Register, Volume 81 Issue 198 (Thursday, October 13, 2016)

[Federal Register Volume 81, Number 198 (Thursday, October 13, 2016)]
[Notices]
[Pages 70738-70739]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-24678]


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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket Number FRA-2016-0045]


Petition for Special Approval of Alternate Standard

    In accordance with part 238 of Title 49 Code of Federal Regulations 
(CFR), this provides the public notice that by a document dated 
February 18, 2015, the National Railroad Passenger Corporation (Amtrak) 
has petitioned the Federal Railroad Administration (FRA) for a Special 
Approval of an alternate standard for 49 CFR 238.311(a), Single car 
test, as prescribed in 49 CFR 238.21(b), Special approval procedure. 
FRA assigned the request Docket Number FRA-2016-0045.

[[Page 70739]]

    Amtrak requests consideration for Special Approval of the submitted 
alternate standard identified as ``Brakes Single Car Test LXFB-10-
0008'' for single car testing of auto carrier cars used on its Auto 
Train service between Lorton, VA, and Sanford, FL. Amtrak states that 
its Auto Train has a freight brake system. Amtrak, however, runs brake 
pipe pressure at 110 pounds per square inch (psi) and not 90 psi like 
the freight railroads. Under FRA's rules, these cars would need to have 
a single car test per 49 CFR 232.305 following the procedure of 
Association of American Railroads' (AAR) Standard S-486-04. The 49 CFR 
238.311 referenced procedure of American Public Transportation 
Association Standard SS-M-005-98 does not apply. The proposed alternate 
standard, while still based on AAR S-486-04, incorporates modifications 
to the single car test device and procedures to allow for the higher 
110 psi brake pressure.
    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 November 14, 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 https://www.regulations.gov/privacyNotice for the privacy 
notice of regulations.gov.

    Issued in Washington, DC, on October 5, 2016.
Karl Alexy,
Director, Office of Safety Analysis.
[FR Doc. 2016-24678 Filed 10-12-16; 8:45 am]
 BILLING CODE 4910-06-P

70738 Federal Register / Vol. 81, No. 198 / Thursday, October 13, 2016 / Notices

comments, without edit, including any and may be renewed upon application. has remained seizure-free; (3) each
personal information the commenter In accordance with 49 U.S.C. 31136(e) driver must undergo an annual medical
provides, to http://www.regulations.gov, and 31315, each of the six applicants examination by a certified Medical
as described in the system of records has satisfied the conditions for Examiner, as defined by 49 CFR 390.5;
notice (DOT/ALL–14 FDMS), which can obtaining an exemption from the and (4) each driver must provide a copy
be reviewed at http://www.dot.gov/ Epilepsy and Seizure Disorder of the annual medical certification to
privacy. requirements and were published in the the employer for retention in the
Federal Register (78 FR 77774). In driver’s qualification file, or keep a copy
I. Background
addition, for Commercial Driver’s of his/her driver’s qualification file if
Under 49 U.S.C. 31136(e) and 31315, License (CDL) holders, the Commercial he/she is self-employed. The driver
FMCSA may grant an exemption for two Driver’s License information System must also have a copy of the exemption
years if it finds ‘‘such exemption would (CDLIS) and the Motor Carrier when driving, for presentation to a duly
likely achieve a level of safety that is Management Information System authorized Federal, State, or local
equivalent to or greater than the level (MCMIS) are searched for crash and enforcement official. The exemption
that would be achieved absent such violation data. For non-CDL holders, the will be rescinded if: (1) The person fails
exemption.’’ The statute also allows the Agency reviews the driving records to comply with the terms and
Agency to renew exemptions at the end from the State Driver’s Licensing conditions of the exemption; (2) the
of the two-year period. Agency (SDLA). These factors provide exemption has resulted in a lower level
The physical qualification standard an adequate basis for predicting each of safety than was maintained before it
for drivers regarding epilepsy found in driver’s ability to continue to safely was granted; or (3) continuation of the
49 CFR 391.41(b)(8) states that a person operate a CMV in interstate commerce. exemption would not be consistent with
is physically qualified to drive a CMV The six drivers in this notice remain the goals and objectives of 49 U.S.C.
if that person: in good standing with the Agency, have 31136(e) and 31315.
Has no established medical history or clinical maintained their medical monitoring V. Preemption
diagnosis of epilepsy or any other condition and have not exhibited any medical
which is likely to cause the loss of issues that would compromise their During the period the exemption is in
consciousness or any loss of ability to control ability to safely operate a CMV during effect, no State shall enforce any law or
a CMV. regulation that conflicts with this
the previous two-year exemption
In addition to the regulations, FMCSA period. FMCSA has concluded that exemption with respect to a person
has published advisory criteria to assist renewing the exemptions for each of operating under the exemption.
Medical Examiners in determining these applicants is likely to achieve a VI. Conclusion
whether drivers with certain medical level of safety equal to that existing
conditions are qualified to operate a Based upon its evaluation of the six
without the exemption. Therefore,
CMV in interstate commerce. [49 CFR exemption applications, FMCSA renews
FMCSA has decided to renew each
part 391, APPENDIX A TO PART 391— the exemptions of the aforementioned
exemption for a two-year period. In
MEDICAL ADVISORY CRITERIA, drivers from the Epilepsy and Seizure
accordance with 49 U.S.C. 31136(e) and
section H. Epilepsy: § 391.41(b)(8), Disorders requirement in 49 CFR
31315, each driver received a renewed 391.41(b)(8). In accordance with 49
paragraphs 3, 4, and 5.] exemption.
The six individuals listed in this U.S.C. 31136(e) and 31315, each
As of December 23, 2015, the
notice have requested renewal of their exemption will be valid for two years
following six drivers received renewed
exemptions from the Epilepsy and unless revoked earlier by FMCSA.
exemptions. Each of these individuals
Seizure Disorders prohibition in 49 CFR have satisfied the renewal conditions for Issued on: October 4, 2016.
391.41(b)(8), in accordance with obtaining an exemption from the Larry W. Minor,
FMCSA procedures. Accordingly, Epilepsy and Seizure Disorders Associate Administrator for Policy.
FMCSA has evaluated these prohibition in 49 CFR 391.41(b)(8), from [FR Doc. 2016–24755 Filed 10–12–16; 8:45 am]
applications for renewal on their merits driving CMVs in interstate commerce BILLING CODE 4910–EX–P
and decided to extend each exemption (78 FR 77774):
for a renewable two-year period. Stephen Amell (VT)
II. Request for Comments Gary Freeman (AL) DEPARTMENT OF TRANSPORTATION
Aaron Gillette (SD)
Interested parties or organizations David Kestner (VA) Federal Railroad Administration
possessing information that would Michael Kramer (KS) [Docket Number FRA–2016–0045]
otherwise show that any, or all, of these Chad Smith (MA)
drivers are not currently achieving the These drivers were included in Petition for Special Approval of
statutory level of safety should FMCSA–2006–25854; FMCSA–2013– Alternate Standard
immediately notify FMCSA. The 0107; and FMCSA–2013–0108. The
Agency will evaluate any adverse exemptions were effective on December In accordance with part 238 of Title
evidence submitted and, if safety is 23, 2015, and will expire on December 49 Code of Federal Regulations (CFR),
being compromised or if continuation of 23, 2017. this provides the public notice that by
the exemption would not be consistent a document dated February 18, 2015,
IV. Conditions and Requirements the National Railroad Passenger
with the goals and objectives of 49
U.S.C. 31136(e) and 31315, FMCSA will The exemptions are extended subject Corporation (Amtrak) has petitioned the
Lhorne on DSK30JT082PROD with NOTICES

take immediate steps to revoke the to the following conditions: (1) Each Federal Railroad Administration (FRA)
exemption of a driver. driver must remain seizure-free and for a Special Approval of an alternate
maintain a stable treatment during the standard for 49 CFR 238.311(a), Single
III. Basis for Renewing Exemptions two-year exemption period; (2) each car test, as prescribed in 49 CFR
Under 49 U.S.C. 31315(b)(1), an driver must submit annual reports from 238.21(b), Special approval procedure.
exemption may be granted for no longer their treating physicians attesting to the FRA assigned the request Docket
than two years from its approval date stability of treatment and that the driver Number FRA–2016–0045.

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Document Created: 2016-10-13 00:53:26
Document Modified: 2016-10-13 00:53:26

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		81 FR 70738

81 FR 70738 - Petition for Special Approval of Alternate Standard

DEPARTMENT OF TRANSPORTATIONFederal Railroad Administration

Federal Register Volume 81, Issue 198 (October 13, 2016)

DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration