83_FR_26249 83 FR 26141 - Petition for Waiver of Compliance

83 FR 26141 - Petition for Waiver of Compliance

DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration

Federal Register Volume 83, Issue 108 (June 5, 2018)

Page Range26141-26142
FR Document2018-12071

Federal Register, Volume 83 Issue 108 (Tuesday, June 5, 2018) 
[Federal Register Volume 83, Number 108 (Tuesday, June 5, 2018)]
[Notices]
[Pages 26141-26142]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-12071]


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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket Number FRA-2007-28812]


Petition for Waiver of Compliance

    Under part 211 of Title 49 Code of Federal Regulations (CFR), this 
provides the public notice that by a letter dated March 23, 2018 (and 
amended April 30, 2018), BNSF Railway Company (BNSF) petitioned the 
Federal Railroad Administration (FRA) for an extension of its waiver of 
compliance from certain provisions of the Federal railroad safety 
regulations contained at 49 CFR part 232. FRA assigned the petition 
Docket Number FRA-2007-28812.
    BNSF originally received conditional relief in 2008 from 49 CFR 
232.205, Class I brake test-initial terminal inspection, and 49 CFR 
part 215, Freight car safety standards, for freight cars received in 
interchange at the United States/Mexico border crossing in Eagle Pass, 
TX, to permit required inspections to be conducted at Ryan's Ruin and 
Horan Siding, 14 miles north of the international border at Eagle Pass. 
BNSF's relief was extended for an additional five years in a decision 
letter dated March 26, 2013. In support of its present petition to 
extend its relief, BNSF states that the change in inspection point has 
proven a more efficient and safer operating environment.
    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 parties 
desire an opportunity for oral comment and a public hearing, 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:
     Website: 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 July 20, 2018 will be considered by FRA 
before final action is taken. Comments received

[[Page 26142]]

after that date will be considered if practicable.
    Anyone can 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 https://www.transportation.gov/privacy. See also https://www.regulations.gov/privacyNotice for the 
privacy notice of regulations.gov.

    Issued in Washington, DC.
Robert C. Lauby,
Associate Administrator for Railroad Safety, Chief Safety Officer.
[FR Doc. 2018-12071 Filed 6-4-18; 8:45 am]
 BILLING CODE 4910-06-P

Federal Register / Vol. 83, No. 108 / Tuesday, June 5, 2018 / Notices 26141 FMCSA recommends that you include III. Request for Exemption provisions of the Federal railroad safety your name and a mailing address, an SBTC reports that it is a non-profit regulations contained at 49 CFR part email address, or a phone number in the trade organization with more than 8,000 232. FRA assigned the petition Docket body of your document so the Agency members. SBTC states that it Number FRA–2007–28812. can contact you if it has questions ‘‘represents, promotes, and protects the BNSF originally received conditional regarding your submission. interest of small businesses in the relief in 2008 from 49 CFR 232.205, To submit your comments online, go transportation industry. Through the Class I brake test-initial terminal exemption application, SBTC seeks inspection, and 49 CFR part 215, Freight to www.regulations.gov and put the relief from the ELD requirements for car safety standards, for freight cars docket number, ‘‘FMCSA–2018–0180’’ small private, common and contract received in interchange at the United in the ‘‘Keyword’’ box, and click motor carriers with fewer than 50 States/Mexico border crossing in Eagle ‘‘Search.’’ When the new screen employees. SBTC argues: Pass, TX, to permit required inspections appears, click on ‘‘Comment Now!’’ to be conducted at Ryan’s Ruin and button and type your comment into the ‘‘[T]he ELD rule is not a ‘‘safety regulation’’ Horan Siding, 14 miles north of the text box in the following screen. Choose per se as the FMCSA has concluded. Rather it is a mechanism intended to enforce a safety international border at Eagle Pass. whether you are submitting your BNSF’s relief was extended for an comment as an individual or on behalf regulation by regulating the manner in which a driver records and communicates his additional five years in a decision letter of a third party and then submit. If you compliance. That is, it is merely a tool to dated March 26, 2013. In support of its submit your comments by mail or hand determine compliance with an existing rule present petition to extend its relief, delivery, submit them in an unbound that regulates over-the-road drivers’ driving BNSF states that the change in format, no larger than 81⁄2 by 11 inches, and on duty time, namely the actual safety inspection point has proven a more suitable for copying and electronic regulation: the [hours-of-service] regulations efficient and safer operating filing. If you submit comments by mail codified at 49 CFR 395.3 and 395.5. However, the ELD rule is not a safety regulation itself. environment. and would like to know that they A copy of the petition, as well as any Therefore, it is our position that this rule reached the facility, please enclose a does not itself impact safety, and that the written communications concerning the stamped, self-addressed postcard or level of safety will not change based on petition, is available for review online at envelope. FMCSA will consider all whether or not our exemption application is www.regulations.gov and in person at comments and material received during approved. That would require a change to the the U.S. Department of Transportation’s the comment period and may grant or [hours-of-service rules].’’ (DOT) Docket Operations Facility, 1200 not grant this application based on your SBTC asserts that the exemption New Jersey Avenue SE, W12–140, comments. would not have any adverse impacts on Washington, DC 20590. The Docket operational safety, as motor carriers and Operations Facility is open from 9 a.m. II. Legal Basis drivers would remain subject to the to 5 p.m., Monday through Friday, FMCSA has authority under 49 U.S.C. HOS regulations in 49 CFR 395.3, as except Federal Holidays. 31136(e) and 31315 to grant exemptions well as the requirements to maintain a Interested parties are invited to from certain parts of the Federal Motor paper RODS under 49 CFR 395.8. The participate in these proceedings by Carrier Safety Regulations (FMCSRs). exemption would allow motor carriers submitting written views, data, or FMCSA must publish a notice of each with fewer than 50 employees to comments. FRA does not anticipate exemption request in the Federal maintain their current practices that scheduling a public hearing in Register (49 CFR 381.315(a)). The have resulted in a proven safety record. connection with these proceedings since Agency must provide the public an The term of the requested exemption, if the facts do not appear to warrant a opportunity to inspect the information granted, would be for five years, subject hearing. If any interested parties desire relevant to the application, including to renewal upon application. an opportunity for oral comment and a any safety analyses that have been A copy of SBTC’s application for public hearing, they should notify FRA, conducted. The Agency must also exemption is available for review in the in writing, before the end of the provide an opportunity for public docket for this notice. comment period and specify the basis comment on the request. Issued on: May 30, 2018. for their request. Larry W. Minor, All communications concerning these The Agency reviews safety analyses proceedings should identify the and public comments submitted, and Associate Administrator for Policy. appropriate docket number and may be determines whether granting the [FR Doc. 2018–12037 Filed 6–4–18; 8:45 am] submitted by any of the following exemption would likely achieve a level BILLING CODE 4910–EX–P methods: of safety equivalent to, or greater than, • Website: http:// the level that would be achieved by the www.regulations.gov. Follow the online current regulation (49 CFR 381.305). DEPARTMENT OF TRANSPORTATION instructions for submitting comments. The decision of the Agency must be Federal Railroad Administration • Fax: 202–493–2251. published in the Federal Register (49 • Mail: Docket Operations Facility, CFR 381.315(b)) with the reasons for [Docket Number FRA–2007–28812] U.S. Department of Transportation, 1200 denying or granting the application and, New Jersey Avenue SE, W12–140, if granted, the name of the person or Petition for Waiver of Compliance Washington, DC 20590. class of persons receiving the Under part 211 of Title 49 Code of • Hand Delivery: 1200 New Jersey amozie on DSK3GDR082PROD with NOTICES1 exemption, and the regulatory provision Federal Regulations (CFR), this provides Avenue SE, Room W12–140, from which the exemption is granted. the public notice that by a letter dated Washington, DC 20590, between 9 a.m. The notice must also specify the March 23, 2018 (and amended April 30, and 5 p.m., Monday through Friday, effective period and explain the terms 2018), BNSF Railway Company (BNSF) except Federal Holidays. and conditions of the exemption. The petitioned the Federal Railroad Communications received by July 20, exemption may be renewed (49 CFR Administration (FRA) for an extension 2018 will be considered by FRA before 381.300(b)). of its waiver of compliance from certain final action is taken. Comments received VerDate Sep<11>2014 20:19 Jun 04, 2018 Jkt 241001 PO 00000 Frm 00147 Fmt 4703 Sfmt 4703 E:\FR\FM\05JNN1.SGM 05JNN1

26142 Federal Register / Vol. 83, No. 108 / Tuesday, June 5, 2018 / Notices after that date will be considered if inspection and copying at the above (Authority: 49 CFR 1.93(a), 46 U.S.C. 55103, practicable. address between 10:00 a.m. and 5:00 46 U.S.C. 12121) Anyone can search the electronic p.m., Monday through Friday, except * * * * * form of any written communications federal holidays. An electronic version By Order of the Maritime Administrator. and comments received into any of our of this document and all documents Dated: May 31, 2018. dockets by the name of the individual entered into this docket is available at T. Mitchell Hudson, Jr., submitting the comment (or signing the http://www.regulations.gov. Secretary, Maritime Administration. document, if submitted on behalf of an FOR FURTHER INFORMATION CONTACT: [FR Doc. 2018–11998 Filed 6–4–18; 8:45 am] association, business, labor union, etc.). Bianca Carr, U.S. Department of In accordance with 5 U.S.C. 553(c), DOT BILLING CODE 4910–81–P Transportation, Maritime solicits comments from the public to Administration, 1200 New Jersey better inform its processes. DOT posts Avenue SE, Room W23–453, DEPARTMENT OF TRANSPORTATION these comments, without edit, including Washington, DC 20590. Telephone 202– any personal information the 366–9309, Email Bianca.carr@dot.gov. Maritime Administration commenter provides, to SUPPLEMENTARY INFORMATION: As [Docket No. MARAD–2018–0092] www.regulations.gov, as described in the system of records notice (DOT/ALL– described by the applicant the intended service of the vessel GRATITUDE is: Requested Administrative Waiver of 14 FDMS), which can be reviewed at —Intended Commercial Use of Vessel: the Coastwise Trade Laws: Vessel https://www.transportation.gov/privacy. ‘‘Six pack sailing charter business out INFINITY; Invitation for Public See also https://www.regulations.gov/ of Gulfport, FL’’ Comments privacyNotice for the privacy notice of regulations.gov. —Geographic Region: ‘‘Florida’’ AGENCY: Maritime Administration, DOT. Issued in Washington, DC. The complete application is given in ACTION: Notice. Robert C. Lauby, DOT docket MARAD–2018–0090 at SUMMARY: The Secretary of Associate Administrator for Railroad Safety, http://www.regulations.gov. Interested Transportation, as represented by the Chief Safety Officer. parties may comment on the effect this Maritime Administration (MARAD), is [FR Doc. 2018–12071 Filed 6–4–18; 8:45 am] action may have on U.S. vessel builders authorized to grant waivers of the U.S.- or businesses in the U.S. that use U.S.- BILLING CODE 4910–06–P build requirement of the coastwise laws flag vessels. If MARAD determines, in under certain circumstances. A request accordance with 46 U.S.C. 12121 and for such a waiver has been received by DEPARTMENT OF TRANSPORTATION MARAD’s regulations at 46 CFR part MARAD. The vessel, and a brief 388, that the issuance of the waiver will description of the proposed service, is Maritime Administration have an unduly adverse effect on a U.S.- listed below. [Docket No. MARAD–2018–0090] vessel builder or a business that uses DATES: Submit comments on or before U.S.-flag vessels in that business, a July 5, 2018. Requested Administrative Waiver of waiver will not be granted. Comments should refer to the docket number of ADDRESSES: Comments should refer to the Coastwise Trade Laws: Vessel docket number MARAD–2018–0092. GRATITUDE; Invitation for Public this notice and the vessel name in order for MARAD to properly consider the Written comments may be submitted by Comments hand or by mail to the Docket Clerk, comments. Comments should also state AGENCY: Maritime Administration, DOT. the commenter’s interest in the waiver U.S. Department of Transportation, ACTION: Notice. application, and address the waiver Docket Operations, M–30, West criteria given in section 388.4 of Building Ground Floor, Room W12–140, SUMMARY: The Secretary of MARAD’s regulations at 46 CFR part 1200 New Jersey Avenue SE, Transportation, as represented by the 388. Washington, DC 20590. You may also Maritime Administration (MARAD), is send comments electronically via the authorized to grant waivers of the U.S.- Privacy Act internet at http://www.regulations.gov. build requirement of the coastwise laws In accordance with 5 U.S.C. 553(c), All comments will become part of this under certain circumstances. A request DOT/MARAD solicits comments from docket and will be available for for such a waiver has been received by the public to better inform its inspection and copying at the above MARAD. The vessel, and a brief rulemaking process. DOT/MARAD posts address between 10:00 a.m. and 5:00 description of the proposed service, is these comments, without edit, to p.m., Monday through Friday, except listed below. www.regulations.gov, as described in federal holidays. An electronic version DATES: Submit comments on or before the system of records notice, DOT/ALL– of this document and all documents July 5, 2018. 14 FDMS, accessible through entered into this docket is available at ADDRESSES: Comments should refer to www.dot.gov/privacy. In order to http://www.regulations.gov. docket number MARAD–2018–0090. facilitate comment tracking and FOR FURTHER INFORMATION CONTACT: Written comments may be submitted by response, we encourage commenters to Bianca Carr, U.S. Department of hand or by mail to the Docket Clerk, provide their name, or the name of their Transportation, Maritime U.S. Department of Transportation, organization; however, submission of Administration, 1200 New Jersey Docket Operations, M–30, West names is completely optional. Whether Avenue SE, Room W23–453, amozie on DSK3GDR082PROD with NOTICES1 Building Ground Floor, Room W12–140, or not commenters identify themselves, Washington, DC 20590. Telephone 202– 1200 New Jersey Avenue SE, all timely comments will be fully 366–9309, Email Bianca.carr@dot.gov. Washington, DC 20590. You may also considered. If you wish to provide SUPPLEMENTARY INFORMATION: As send comments electronically via the comments containing proprietary or described by the applicant the intended internet at http://www.regulations.gov. confidential information, please contact service of the vessel INFINITY is: All comments will become part of this the agency for alternate submission —Intended Commercial Use of Vessel: docket and will be available for instructions. ‘‘Coastal passenger Charter’’ VerDate Sep<11>2014 20:19 Jun 04, 2018 Jkt 241001 PO 00000 Frm 00148 Fmt 4703 Sfmt 4703 E:\FR\FM\05JNN1.SGM 05JNN1


Document Created: 2018-11-02 11:46:28
Document Modified: 2018-11-02 11:46:28
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 Citation83 FR 26141 
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