82 FR 6689 - Parts and Accessories Necessary for Safe Operation; Application for an Exemption From Hino Motors Manufacturing U.S.A., Inc.
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration Federal Register Volume 82, Issue 12 (January 19, 2017)
Federal Motor Carrier Safety Administration
Federal Register Volume 82, Issue 12 (January 19, 2017)
| Page Range | 6689-6691 | |
| FR Document | 2017-01265 |
[Federal Register Volume 82, Number 12 (Thursday, January 19, 2017)] [Notices] [Pages 6689-6691] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-01265] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA-2016-0450] Parts and Accessories Necessary for Safe Operation; Application for an Exemption From Hino Motors Manufacturing U.S.A., Inc. AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT. ACTION: Notice of application for exemption; request for comments. ----------------------------------------------------------------------- SUMMARY: The Federal Motor Carrier Safety Administration (FMCSA) requests public comment on an application for exemption from Hino Motors Manufacturing U.S.A., Inc. (Hino) to allow an Automated Emergency Braking (AEB) system and a Lane Departure Warning (LDW) system camera to be mounted lower in the windshield than is currently permitted. Mounting the camera in this location does not meet the prohibition on obstructions to the driver's field of view requirements for windshields in the Federal Motor Carrier Safety Regulations (FMCSR) which requires devices meeting the definition of ``vehicle safety technology'' to be mounted not more than 4 inches below the upper edge of the area swept by the windshield wipers, or not more than 7 inches above the lower edge of the area swept by the windshield wipers, and outside the driver's sight lines to the road and highway signs and signals. Because the camera will be mounted outside of the driver's normal sight lines to all mirrors, Hino believes that they will maintain a level of safety that is equivalent to, or greater than, the level of safety achieved without the exemption. DATES: Comments must be received on or before February 21, 2017. ADDRESSES: You may submit comments bearing the Federal Docket Management System (FDMS) Docket ID FMCSA-2016-0450 using any of the following methods:Web site: http://www.regulations.gov. Follow the instructions for submitting comments on the Federal electronic docket site. [[Page 6690]] Fax: 1-202-493-2251. Mail: Docket Management Facility, U.S. Department of Transportation, Room W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590-0001. Hand Delivery: Ground Floor, Room W12-140, DOT Building, 1200 New Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m. e.t., Monday-Friday, except Federal holidays. Instructions: All submissions must include the Agency name and docket number for this notice. For detailed instructions on submitting comments and additional information on the exemption process, see the ``Public Participation'' heading below. Note that all comments received will be posted without change to http://www.regulations.gov, including any personal information provided. Please see the ``Privacy Act'' heading for further information. Docket: For access to the docket to read background documents or comments received, go to http://www.regulations.gov or to Room W12-140, DOT Building, 1200 New Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. Privacy Act: In accordance with 5 U.S.C. 553(c), DOT solicits comments from the public to better inform its rulemaking process. 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. Public participation: The http://www.regulations.gov Web site is generally available 24 hours each day, 365 days each year. You may find electronic submission and retrieval help and guidelines under the ``help'' section of the http://www.regulations.gov Web site as well as the DOT's http://docketsinfo.dot.gov Web site. If you would like notification that we received your comments, please include a self- addressed, stamped envelope or postcard or print the acknowledgment page that appears after submitting comments online. FOR FURTHER INFORMATION CONTACT: Mrs. Amina Fisher, Vehicle and Roadside Operations Division, Office of Carrier, Driver, and Vehicle Safety, MC-PSV, (202) 366-2782, Federal Motor Carrier Safety Administration, 1200 New Jersey Avenue SE., Washington, DC 20590-0001. SUPPLEMENTARY INFORMATION: Background Section 4007 of the Transportation Equity Act for the 21st Century (TEA- 21) [Pub. L. 105-178, June 9, 1998, 112 Stat. 401] amended 49 U.S.C. 31315 and 31136(e) to provide authority to grant exemptions from the Federal Motor Carrier Safety Regulations (FMCSRs). On August 20, 2004, FMCSA published a final rule (69 FR 51589) implementing section 4007. Under this rule, FMCSA must publish a notice of each exemption request in the Federal Register (49 CFR 381.315(a)). The Agency must provide the public with an opportunity to inspect the information relevant to the application, including any safety analyses that have been conducted. The Agency must also provide an opportunity for public comment on the request. The Agency reviews the safety analyses and the public comments and determines whether granting the exemption would likely achieve a level of safety equivalent to or greater than the level that would be achieved by the current regulation (49 CFR 381.305). The decision of the Agency must be published in the Federal Register (49 CFR 381.315(b)). If the Agency denies the request, it must state the reason for doing so. If the decision is to grant the exemption, the notice must specify the person or class of persons receiving the exemption and the regulatory provision or provisions from which an exemption is granted. The notice must specify the effective period of the exemption (up to 5 years) and explain the terms and conditions of the exemption. The exemption may be renewed (49 CFR 381.315(c) and 49 CFR 381.300(b)). Hino's Application for Exemption Hino has applied for an exemption from 49 CFR 393.60(e) to allow an Automated Emergency Braking (AEB) system and a Lane Departure Warning (LDW) system camera to be mounted lower in the windshield than is currently permitted. A copy of the application is included in the docket referenced at the beginning of this notice. Section 393.60(e)(1)(i) of the FMCSRs prohibits the obstruction of the driver's field of view by devices mounted at the top of the windshield. Antennas and similar devices must not be mounted more than 152 mm (6 inches) below the upper edge of the windshield, and outside the driver's sight lines to the road and highway signs and signals. Section 393.60(e)(1)(i) does not apply to vehicle safety technologies, as defined in Sec. 390.5 as including ``a fleet-related incident management system, performance or behavior management system, speed management system, lane departure warning system, forward collision warning or mitigation system, active cruise control system, and transponder.'' Section 393.60(e)(1)(ii) requires devices with vehicle safety technologies to be mounted (1) not more than 100 mm (4 inches) below the upper edge of the area swept by the windshield wipers, or (2) not more than 175 mm (7 inches) above the lower edge of the area swept by the windshield wipers, and outside the driver's sight lines to the road and highway signs and signals. In its application, Hino states: Hino is making this request so that it becomes possible to introduce an Automated Emergency Braking (AEB) system and a Lane Departure Warning (LDW) system as optional equipment on some Hino commercial motor vehicles. This system, like many other similar systems which FMCSA has granted exemptions for, requires that a camera be mounted to the upper center area of the windshield in an area where the windshield in an area where the windshield is swept by the windshield wipers to provide a clear view to the lane markings on the road. In the Hino installation, the camera housing supplied by Meritor Wabco is approximately 4.67 inches wide by 4.30 inches tall. We propose to mount the camera such that is in the approximate center of the windshield and such that the bottom edge of the camera is approximately 7 inches below the upper edge of the windshield, outside of the driver's and passenger's normal sight lines to all mirrors, highway signs, signals and view of the road ahead. This location will allow for the optimal functionality of the advanced safety systems supported by the camera. Hino has created a CAD layout of a typical Hino conventional type truck to verify that we do not significantly obstruct the FMVSS 104 specified zones A, B or C for passenger cars of 1730 or more mm overall width [Figure 1 of application]. In fact, we obstruct 0.0% of zone C, 0.1% of zone B and 1.4% of zone A. Hino has installed one prototype camera housing in a Hino conventional type model 258LP (low profile) test vehicle with the lowest cab height we offer to assess, through a jury evaluation, the impact of the camera on driver and passenger visibility [Figure 2 of application]. All drivers and passengers agreed that there was no noticeable obstruction to the normal sight lines to the road ahead, highway signs, signals or any mirrors. Also, one driver noted that the camera did not interfere with the normal range of motion of the sun visor and that the sun visor lower edge extended lower than the camera housing [Figure 3 of application]. The exemption would apply to all CMV operators driving Hino vehicles with the AEB/LDW system camera installed. Hino believes that mounting the system as described will maintain a [[Page 6691]] level of safety that is equivalent to, or greater than, the level of safety achieved without the exemption. Request for Comments In accordance with 49 U.S.C. 31315 and 31136(e), FMCSA requests public comment from all interested persons on Hino's application for an exemption from 49 CFR 393.60. All comments received before the close of business on the comment closing date indicated at the beginning of this notice will be considered and will be available for examination in the docket at the location listed under the ADDRESSES section of this notice. Comments received after the comment closing date will be filed in the public docket and will be considered to the extent practicable. In addition to late comments, FMCSA will also continue to file, in the public docket, relevant information that becomes available after the comment closing date. Interested persons should continue to examine the public docket for new material. Issued on: January 13, 2017. Larry W. Minor, Associate Administrator for Policy. [FR Doc. 2017-01265 Filed 1-18-17; 8:45 am] BILLING CODE 4910-EX-P
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provide an opportunity for public hire or use to perform safety-sensitive public docket after the closing date of
comment on the request. functions unless the employer has the comment period.
The Agency reviews safety analyses received a controlled substances test Issued on: January 13, 2017.
and public comments submitted, and result from the medical review officer Larry W. Minor,
determines whether granting the (MRO) or consortium/third-party
Associate Administrator for Policy.
exemption would likely achieve a level administrator (C/TPA), as those terms
of safety equivalent to, or greater than, [FR Doc. 2017–01278 Filed 1–18–17; 8:45 am]
are defined in 49 CFR 40.3, indicating
the level that would be achieved by the BILLING CODE 4910–EX–P
a verified negative test result for that
current regulation (49 CFR 381.305). driver.
The decision of the Agency must be
published in the Federal Register (49 Application for Exemption DEPARTMENT OF TRANSPORTATION
CFR 381.315(b)) with the reasons for The Applicants have requested an Federal Motor Carrier Safety
denying or granting the application and, exemption from 49 CFR 382.105 and Administration
if granted, the name of the person or 382.301 with specific authorization for
class of persons receiving the release of and obtaining hair test results [Docket No. FMCSA–2016–0450]
exemption, and the regulatory provision to comply with 49 CFR 391.23,
from which the exemption is granted. Investigations and inquiries. Under the Parts and Accessories Necessary for
The notice must also specify the exemption, the carriers would conduct Safe Operation; Application for an
effective period and explain the terms pre-employment tests using hair Exemption From Hino Motors
and conditions of the exemption. The analysis only, rather than hair analysis Manufacturing U.S.A., Inc.
exemption may be renewed (49 CFR in addition to urine testing, and AGENCY: Federal Motor Carrier Safety
381.300(b)). individuals with negative test results Administration (FMCSA), DOT.
would be permitted to perform safety- ACTION: Notice of application for
III. Request for Exemption
sensitive functions for the employer. exemption; request for comments.
Background—Regulatory Requirements Individuals testing positive would not
Currently, 49 CFR 382.105, be allowed to perform safety-sensitive SUMMARY: The Federal Motor Carrier
concerning FMCSA’s controlled functions until the driver completes the Safety Administration (FMCSA)
substances and alcohol testing return-to-duty process under Subpart O requests public comment on an
regulations, requires that each employer of 49 CFR part 40. In addition, the application for exemption from Hino
ensure all alcohol or controlled Applicants would share the positive Motors Manufacturing U.S.A., Inc.
substances testing conducted on CDL hair testing results with prospective (Hino) to allow an Automated
holders complies with the procedures employers in response to safety- Emergency Braking (AEB) system and a
under 49 CFR part 40. All parties who performance inquiries required by 49 Lane Departure Warning (LDW) system
conduct controlled substances and CFR 391.23. camera to be mounted lower in the
alcohol tests required by the Department The carriers that would be covered by windshield than is currently permitted.
must follow the Part 40 requirements on the exemption already use hair analysis Mounting the camera in this location
how to conduct the test and what as a method for pre-employment does not meet the prohibition on
procedures to use. Currently, Part 40 controlled substances testing of drivers obstructions to the driver’s field of view
only allows urine testing for controlled on a voluntary basis. However, they also requirements for windshields in the
substances. Congress, through the conduct urine testing for drugs because Federal Motor Carrier Safety
Omnibus Transportation Employee it is the only screening method accepted Regulations (FMCSR) which requires
Testing Act (OTETA) of 1991 (Pub. L. under the Department’s regulations. The devices meeting the definition of
102–143, Title V, 105 Stat. 952). OTETA Applicant’s view their use of multiple ‘‘vehicle safety technology’’ to be
requires the Department to follow the screening methods as an unnecessary mounted not more than 4 inches below
HHS Mandatory Guidelines for and redundant financial burden. Also, the upper edge of the area swept by the
scientific testing issues. While DOT has the Applicants consider urine testing to windshield wipers, or not more than 7
discretion concerning many aspects of be less effective in pre-employment inches above the lower edge of the area
the regulations governing testing in the screening for drugs than hair analysis. swept by the windshield wipers, and
transportation industries’ regulated A copy of the exemption application outside the driver’s sight lines to the
programs, we must follow the HHS and all supporting documents submitted road and highway signs and signals.
Mandatory Guidelines for the laboratory by the Applicant is available for review Because the camera will be mounted
standards and procedures the in the docket referenced at the outside of the driver’s normal sight lines
Department will use for regulated beginning of this notice. to all mirrors, Hino believes that they
testing. will maintain a level of safety that is
Request for Comments equivalent to, or greater than, the level
Section 382.301 provides
requirements concerning pre- In accordance with 49 U.S.C. of safety achieved without the
employment testing of commercial 31315(b)(4) and 31136(e), FMCSA exemption.
driver’s license (CDL) holders for requests public comment on the DATES: Comments must be received on
controlled substances, while 49 CFR application for an exemption from 49 or before February 21, 2017.
part 383 prescribes requirements for CFR 382.105 and 382.301. ADDRESSES: You may submit comments
individuals who must obtain a CDL. The Agency will consider all bearing the Federal Docket Management
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With limited exceptions, an employer comments received by close of business System (FDMS) Docket ID FMCSA–
must conduct pre-employment testing on February 21, 2017. Comments will be 2016–0450 using any of the following
for controlled substances prior to the available for examination in the docket methods:
first time a driver performs ‘‘safety- at the location listed under the • Web site: http://
sensitive functions,’’ as defined in 49 ADDRESSES section of this notice. The www.regulations.gov. Follow the
CFR 382.107. Employers must not allow Agency will consider to the extent instructions for submitting comments
a driver whom the employer intends to practicable comments received in the on the Federal electronic docket site.
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![6690 Federal Register / Vol. 82, No. 12 / Thursday, January 19, 2017 / Notices
• Fax: 1–202–493–2251. Background performance or behavior management
• Mail: Docket Management Facility, Section 4007 of the Transportation system, speed management system, lane
U.S. Department of Transportation, Equity Act for the 21st Century (TEA– departure warning system, forward
Room W12–140, 1200 New Jersey 21) [Pub. L. 105–178, June 9, 1998, 112 collision warning or mitigation system,
Avenue SE., Washington, DC 20590– Stat. 401] amended 49 U.S.C. 31315 and active cruise control system, and
0001. 31136(e) to provide authority to grant transponder.’’ Section 393.60(e)(1)(ii)
• Hand Delivery: Ground Floor, Room exemptions from the Federal Motor requires devices with vehicle safety
W12–140, DOT Building, 1200 New Carrier Safety Regulations (FMCSRs). technologies to be mounted (1) not more
Jersey Avenue SE., Washington, DC, On August 20, 2004, FMCSA published than 100 mm (4 inches) below the upper
between 9 a.m. and 5 p.m. e.t., Monday– a final rule (69 FR 51589) implementing edge of the area swept by the
Friday, except Federal holidays. section 4007. Under this rule, FMCSA windshield wipers, or (2) not more than
must publish a notice of each exemption 175 mm (7 inches) above the lower edge
Instructions: All submissions must of the area swept by the windshield
include the Agency name and docket request in the Federal Register (49 CFR
381.315(a)). The Agency must provide wipers, and outside the driver’s sight
number for this notice. For detailed lines to the road and highway signs and
instructions on submitting comments the public with an opportunity to
inspect the information relevant to the signals.
and additional information on the In its application, Hino states:
exemption process, see the ‘‘Public application, including any safety
Participation’’ heading below. Note that analyses that have been conducted. The Hino is making this request so that it
Agency must also provide an becomes possible to introduce an Automated
all comments received will be posted Emergency Braking (AEB) system and a Lane
without change to http:// opportunity for public comment on the
Departure Warning (LDW) system as optional
www.regulations.gov, including any request. equipment on some Hino commercial motor
personal information provided. Please The Agency reviews the safety vehicles. This system, like many other
see the ‘‘Privacy Act’’ heading for analyses and the public comments and similar systems which FMCSA has granted
further information. determines whether granting the exemptions for, requires that a camera be
Docket: For access to the docket to exemption would likely achieve a level mounted to the upper center area of the
of safety equivalent to or greater than windshield in an area where the windshield
read background documents or in an area where the windshield is swept by
comments received, go to http:// the level that would be achieved by the
current regulation (49 CFR 381.305). the windshield wipers to provide a clear
www.regulations.gov or to Room W12– view to the lane markings on the road.
The decision of the Agency must be
140, DOT Building, 1200 New Jersey In the Hino installation, the camera
published in the Federal Register (49 housing supplied by Meritor Wabco is
Avenue SE., Washington, DC, between 9
CFR 381.315(b)). If the Agency denies approximately 4.67 inches wide by 4.30
a.m. and 5 p.m., Monday through
the request, it must state the reason for inches tall. We propose to mount the camera
Friday, except Federal holidays.
doing so. If the decision is to grant the such that is in the approximate center of the
Privacy Act: In accordance with 5 exemption, the notice must specify the windshield and such that the bottom edge of
U.S.C. 553(c), DOT solicits comments person or class of persons receiving the the camera is approximately 7 inches below
from the public to better inform its exemption and the regulatory provision the upper edge of the windshield, outside of
rulemaking process. DOT posts these the driver’s and passenger’s normal sight
or provisions from which an exemption lines to all mirrors, highway signs, signals
comments, without edit, including any is granted. The notice must specify the
personal information the commenter and view of the road ahead. This location
effective period of the exemption (up to will allow for the optimal functionality of the
provides, to www.regulations.gov, as 5 years) and explain the terms and advanced safety systems supported by the
described in the system of records conditions of the exemption. The camera.
notice (DOT/ALL–14 FDMS), which can exemption may be renewed (49 CFR Hino has created a CAD layout of a typical
be reviewed at www.dot.gov/privacy. 381.315(c) and 49 CFR 381.300(b)). Hino conventional type truck to verify that
Public participation: The http:// we do not significantly obstruct the FMVSS
www.regulations.gov Web site is Hino’s Application for Exemption 104 specified zones A, B or C for passenger
cars of 1730 or more mm overall width
generally available 24 hours each day, Hino has applied for an exemption
[Figure 1 of application]. In fact, we obstruct
365 days each year. You may find from 49 CFR 393.60(e) to allow an 0.0% of zone C, 0.1% of zone B and 1.4%
electronic submission and retrieval help Automated Emergency Braking (AEB) of zone A.
and guidelines under the ‘‘help’’ section system and a Lane Departure Warning Hino has installed one prototype camera
of the http://www.regulations.gov Web (LDW) system camera to be mounted housing in a Hino conventional type model
site as well as the DOT’s http:// lower in the windshield than is 258LP (low profile) test vehicle with the
docketsinfo.dot.gov Web site. If you currently permitted. A copy of the lowest cab height we offer to assess, through
would like notification that we received application is included in the docket a jury evaluation, the impact of the camera
your comments, please include a self- referenced at the beginning of this on driver and passenger visibility [Figure 2
of application].
addressed, stamped envelope or notice.
All drivers and passengers agreed that
postcard or print the acknowledgment Section 393.60(e)(1)(i) of the FMCSRs there was no noticeable obstruction to the
page that appears after submitting prohibits the obstruction of the driver’s normal sight lines to the road ahead, highway
comments online. field of view by devices mounted at the signs, signals or any mirrors. Also, one driver
FOR FURTHER INFORMATION CONTACT: Mrs. top of the windshield. Antennas and noted that the camera did not interfere with
Amina Fisher, Vehicle and Roadside similar devices must not be mounted the normal range of motion of the sun visor
more than 152 mm (6 inches) below the and that the sun visor lower edge extended
mstockstill on DSK3G9T082PROD with NOTICES
Operations Division, Office of Carrier, lower than the camera housing [Figure 3 of
Driver, and Vehicle Safety, MC–PSV, upper edge of the windshield, and
outside the driver’s sight lines to the application].
(202) 366–2782, Federal Motor Carrier
Safety Administration, 1200 New Jersey road and highway signs and signals. The exemption would apply to all
Avenue SE., Washington, DC 20590– Section 393.60(e)(1)(i) does not apply to CMV operators driving Hino vehicles
0001. vehicle safety technologies, as defined with the AEB/LDW system camera
in § 390.5 as including ‘‘a fleet-related installed. Hino believes that mounting
SUPPLEMENTARY INFORMATION: incident management system, the system as described will maintain a
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level of safety that is equivalent to, or the request of a grantee or subgrantee, or requirement(s) will limit a grantee’s or
greater than, the level of safety achieved on the FTA Administrator’s own subgrantee’s ability to respond to an
without the exemption. initiative. emergency. Grantees must follow the
In the event a grantee or subgrantee procedures set forth below when
Request for Comments believes the Emergency Relief Docket requesting a waiver of statutory or
In accordance with 49 U.S.C. 31315 should be opened and it has not been administrative requirements.
and 31136(e), FMCSA requests public opened, that grantee or subgrantee may A petition for relief shall:
comment from all interested persons on submit a petition to (a) Identify the grantee or subgrantee
Hino’s application for an exemption www.regulations.gov for posting in the and its geographic location;
from 49 CFR 393.60. All comments docket (FTA–2017–0001). Alternatively, (b) Identify the section of chapter 53
received before the close of business on a grantee or subgrantee may submit a of title 49, U.S.C., or the FTA policy
the comment closing date indicated at petition in duplicate to the FTA statement, circular, guidance document
the beginning of this notice will be Administrator, via U.S. mail or hand and/or rule from which the grantee or
considered and will be available for delivery, to: Federal Transit subgrantee seeks relief;
examination in the docket at the Administration, 1200 New Jersey Ave. (c) Specifically address how a
location listed under the ADDRESSES SE., Washington, DC 20590; via requirement in chapter 53 of title 49
section of this notice. Comments telephone, at: (202) 366–4011; via fax, at U.S.C., or an FTA requirement in a
received after the comment closing date (202) 366–3472; via email, to policy statement, circular, agency
will be filed in the public docket and Bonnie.Graves@dot.gov; or via U.S. mail guidance or rule will limit a grantee’s or
will be considered to the extent or hand delivery to the DOT Docket subgrantee’s ability to respond to an
practicable. In addition to late Management Facility, 1200 New Jersey emergency or disaster; and
comments, FMCSA will also continue to Ave. SE., Room W12–140, Washington, (d) Specify if the petition for relief is
file, in the public docket, relevant DC 20590, requesting opening of the one-time or ongoing, and if ongoing
information that becomes available after Docket for that emergency and identify the time period for which the
the comment closing date. Interested including the information set forth relief is requested. The time period may
persons should continue to examine the below. not exceed three months; however,
public docket for new material. All petitions for relief from a additional time may be requested
provision of chapter 53 of title 49, through a second petition for relief.
Issued on: January 13, 2017. A petition for relief from
U.S.C. or FTA administrative
Larry W. Minor, requirements must be posted in the administrative requirements will be
Associate Administrator for Policy. docket in order to receive consideration conditionally granted for a period of
[FR Doc. 2017–01265 Filed 1–18–17; 8:45 am] by FTA. The docket is publicly available three (3) business days from the date it
BILLING CODE 4910–EX–P and can be accessed 24 hours a day, is submitted to the Emergency Relief
seven days a week, via the Internet at Docket. FTA will review the petition
www.regulations.gov. Any grantee or after the expiration of the three business
DEPARTMENT OF TRANSPORTATION subgrantee submitting petitions for days and review any comments
relief or comments to the docket must submitted thereto. FTA may contact the
Federal Transit Administration include the agency name (Federal grantee or subgrantee that submitted the
[Docket FTA–2017–0001] Transit Administration) and docket request for relief, or any party that
number FTA–2017–0001. Grantees and submits comments to the docket, to
Notice of Establishment of Emergency subgrantees making submissions to FTA obtain more information prior to making
Relief Docket for Calendar Year 2017 or to the docket by mail or hand a decision. FTA shall then post a
delivery should submit two copies. decision to the Emergency Relief
AGENCY: Federal Transit Administration Docket. FTA’s decision will be based on
Grantees and subgrantees are strongly
(FTA), DOT. whether the petition meets the criteria
encouraged to contact their FTA
ACTION: Notice. regional office and notify FTA of the for use of these emergency procedures,
SUMMARY: By this notice, the Federal intent to submit a petition to the docket. the substance of the request, and the
Transit Administration (FTA) is In the event a grantee or subgrantee comments submitted regarding the
establishing an Emergency Relief Docket needs to request immediate relief and petition. If FTA does not respond to the
for calendar year 2017 so grantees and does not have access to electronic request for relief to the docket within
subgrantees affected by national or means to request that relief, the grantee three business days, the grantee or
regional emergencies may request or subgrantee may contact any FTA subgrantee may assume its petition is
temporary relief from FTA regional office or FTA headquarters and granted for a period not to exceed three
administrative and statutory request that FTA staff submit the months until and unless FTA states
requirements. petition on its behalf. otherwise.
Federal public transportation law at A petition for relief from statutory
FOR FURTHER INFORMATION CONTACT: 49 U.S.C. 5324(d) provides that a grant requirements will not be conditionally
Bonnie L. Graves, Attorney-Advisor, awarded under Section 5324 or under granted and requires a written decision
Office of Chief Counsel, Federal Transit 49 U.S.C. 5307 or 49 U.S.C. 5311 that is from the FTA Administrator.
Administration, 90 Seventh Street, Ste. made to address an emergency shall be Pursuant to 49 CFR 604.2(f) of FTA’s
15–300, San Francisco, CA 94103; subject to the terms and conditions the Charter Rule, grantees and subgrantees
phone: (202) 366–0944, fax: (415) 734– Secretary determines are necessary. This may assist with evacuations or other
mstockstill on DSK3G9T082PROD with NOTICES
9489, or email, Bonnie.Graves@dot.gov. language allows FTA to waive statutory, movement of people that might
SUPPLEMENTARY INFORMATION: Pursuant as well as administrative, requirements. otherwise be considered charter
to title 49 CFR part 601, subpart D, FTA Therefore, grantees affected by an transportation when that transportation
is establishing the Emergency Relief emergency or major disaster may is in response to an emergency declared
Docket for calendar year 2017. request waivers of provisions of chapter by the President, governor, or mayor, or
Subsequent to an emergency or major 53 of title 49, U.S.C. when a grantee or in an emergency requiring immediate
disaster, the docket may be opened at subgrantee demonstrates the action prior to a formal declaration,
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Document Created: 2018-02-01 15:16:17
Document Modified: 2018-02-01 15:16:17
| 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 | |
| Action | Notice of application for exemption; request for comments. | |
| Dates | Comments must be received on or before February 21, 2017. | |
| Contact | Mrs. Amina Fisher, Vehicle and Roadside Operations Division, Office of Carrier, Driver, and Vehicle Safety, MC-PSV, (202) 366-2782, Federal Motor Carrier Safety Administration, 1200 New Jersey Avenue SE., Washington, DC 20590-0001. | |
| FR Citation | 82 FR 6689 |
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