83_FR_38602 83 FR 38451 - Petition for Waiver of Compliance

83 FR 38451 - Petition for Waiver of Compliance

DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration

Federal Register Volume 83, Issue 151 (August 6, 2018)

Page Range38451-38452
FR Document2018-16755

Federal Register, Volume 83 Issue 151 (Monday, August 6, 2018)
[Federal Register Volume 83, Number 151 (Monday, August 6, 2018)]
[Notices]
[Pages 38451-38452]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-16755]


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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket Number FRA-2018-0050]


Petition for Waiver of Compliance

    Under part 211 of Title 49 of the Code of Federal Regulations 
(CFR), this provides the public notice that by a letter dated May 1, 
2018, the County of Sonoma (County), California, 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 part 222. FRA assigned the petition docket number FRA-2018-
0050.
    The County seeks a waiver from 49 CFR 222.9, definition of ``quiet 
zone,'' meaning ``a segment of rail line, within which is situated one 
or a number of consecutive public highway-rail crossings at which 
locomotive horns are not routinely sounded.'' The County wishes to 
establish a quiet zone consisting of ten private highway-rail grade 
crossings, without a public highway-rail grade crossing in the quiet 
zone. The County states it believes ``safety will not be negatively 
impacted since [Sonoma Marin Area Rapid Transit (SMART)] provided input 
on concerns and safety measures during the diagnostic review.'' The 
County explains the private crossings are either in remote areas, are 
rarely used, and monitored by SMART, or are equipped with active 
warning devices.
    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 Department of Transportation's 
Docket Operations Facility, 1200 New Jersey Ave. SE, W12-140, 
Washington, DC 20590. The Docket Operations

[[Page 38452]]

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:
     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 September 20, 2018 will be considered by 
FRA before final action is taken. Comments received 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 http://www.regulations.gov/#!privacyNotice for the 
privacy notice of regulations.gov.

Robert C. Lauby,
Associate Administrator for Railroad Safety, Chief Safety Officer.
[FR Doc. 2018-16755 Filed 8-3-18; 8:45 am]
 BILLING CODE 4910-06-P



                                                                              Federal Register / Vol. 83, No. 151 / Monday, August 6, 2018 / Notices                                                  38451

                                                I. Public Participation and Request for                 The decision of the Agency must be                    data processing system and in addition
                                                Comments                                                published in the Federal Register (49                 all of their vehicles are under a global
                                                  FMCSA encourages you to participate                   CFR 381.315(b)) with the reasons for                  positioning system tracking system
                                                by submitting comments and related                      denying or granting the application and,              provided by Fleetmatics and Roadnet
                                                materials.                                              if granted, the name of the person or                 dispatching. Allied continues to strive
                                                                                                        class of persons receiving the                        for a safer fleet and the increased safety
                                                Submitting Comments                                     exemption, and the regulatory provision               of the general public. Allied is also
                                                   If you submit a comment, please                      from which the exemption is granted.                  exploring the possibility of installing an
                                                include the docket number for this                      The notice must also specify the                      onboard event camera system to help
                                                notice (FMCSA–2018–0182), indicate                      effective period and explain the terms                the company better monitor its vehicles.
                                                the specific section of this document to                and conditions of the exemption. The                     A copy of the Allied’s application for
                                                which the comment applies, and                          exemption may be renewed (49 CFR                      exemption is available for review in the
                                                provide a reason for suggestions or                     381.300(b)).                                          docket for this notice.
                                                recommendations. You may submit                         III. Request for Exemption                              Issued on: July 27, 2018.
                                                your comments and material online or                       Allied seeks an exemption from the                 Larry W. Minor,
                                                by fax, mail, or hand delivery, but                     restriction of the record of duty status              Associate Administrator for Policy.
                                                please use only one of these means.                     (RODS) exception for short-haul                       [FR Doc. 2018–16762 Filed 8–3–18; 8:45 am]
                                                FMCSA recommends that you include                       operations to drivers who return to their             BILLING CODE 4910–EX–P
                                                your name and a mailing address, an                     normal work reporting location within
                                                email address, or a phone number in the                 12 hours [49 CFR 395.1(e)(1)(ii)(A)].
                                                body of your document so the Agency                     Specifically, Allied requests that their              DEPARTMENT OF TRANSPORTATION
                                                can contact you if it has questions                     beverage truck delivery drivers be
                                                regarding your submission.                              treated the same as drivers operating                 Federal Railroad Administration
                                                   To submit your comment online, go to                 ready-mixed concrete delivery vehicles                [Docket Number FRA–2018–0050]
                                                www.regulations.gov and put the docket                  as provided in 49 CFR 395.1(e)(1)(ii)(B).
                                                number, ‘‘FMCSA–2018–0182’’ in the                      Section 395.1(e)(1)(ii)(B) states that the            Petition for Waiver of Compliance
                                                ‘‘Keyword’’ box, and click ‘‘Search.’’                  driver of a ready-mixed concrete
                                                When the new screen appears, click on                   delivery vehicle may return to the work-                 Under part 211 of Title 49 of the Code
                                                ‘‘Comment Now!’’ button and type your                   reporting location and be released from               of Federal Regulations (CFR), this
                                                comment into the text box in the                        work within 14 consecutive hours                      provides the public notice that by a
                                                following screen. Choose whether you                    without losing the short-haul exception.              letter dated May 1, 2018, the County of
                                                are submitting your comment as an                       The requested exemption would apply                   Sonoma (County), California, has
                                                individual or on behalf of a third party                to all of Allied’s beverage trucks and                petitioned the Federal Railroad
                                                and then submit. If you submit your                     drivers.                                              Administration (FRA) for a waiver of
                                                comments by mail or hand delivery,                         Allied is an interstate private carrier            compliance from certain provisions of
                                                submit them in an unbound format, no                    headquartered in New Jersey consisting                the Federal railroad safety regulations
                                                larger than 81⁄2 by 11 inches, suitable for             of 186 vehicles and 198 drivers. The                  contained at 49 CFR part 222. FRA
                                                copying and electronic filing. If you                   exemption is requested to simplify and                assigned the petition docket number
                                                submit comments by mail and would                       eliminate the need for paper RODS or                  FRA–2018–0050.
                                                like to know that they reached the                      the cost of installing electronic logging                The County seeks a waiver from 49
                                                facility, please enclose a stamped, self-               devices needed for the recording of duty              CFR 222.9, definition of ‘‘quiet zone,’’
                                                addressed postcard or envelope. FMCSA                   status between the 12th and 14th hour                 meaning ‘‘a segment of rail line, within
                                                will consider all comments and material                 of duty when utilizing the short-haul                 which is situated one or a number of
                                                received during the comment period                      exception for operations within a 100                 consecutive public highway-rail
                                                and may grant or not grant this                         air-mile radius. Their drivers work on a              crossings at which locomotive horns are
                                                application based on your comments.                     4-day work week and on occasion and                   not routinely sounded.’’ The County
                                                                                                        at times during peak holiday seasons                  wishes to establish a quiet zone
                                                II. Legal Basis                                                                                               consisting of ten private highway-rail
                                                                                                        work past the 12th hour of duty. They
                                                   FMCSA has authority under 49 U.S.C.                  are in the same town doing multiple                   grade crossings, without a public
                                                31136(e) and 31315 to grant exemptions                  stops often crossing town lines only to               highway-rail grade crossing in the quiet
                                                from certain Federal Motor Carrier                      return to complete a stop that was not                zone. The County states it believes
                                                Safety Regulations (FMCSRs). FMCSA                      open or required a specific time                      ‘‘safety will not be negatively impacted
                                                must publish a notice of each exemption                 delivery. To log every event change is a              since [Sonoma Marin Area Rapid
                                                request in the Federal Register (49 CFR                 difficult if not impossible task. At times            Transit (SMART)] provided input on
                                                381.315(a)). The Agency must provide                    the CMV is in a particular area for at                concerns and safety measures during the
                                                the public an opportunity to inspect the                most several minutes. Employee’s total                diagnostic review.’’ The County
                                                information relevant to the application,                driving time for the day is minimal,                  explains the private crossings are either
                                                including any safety analyses that have                 with 25–35 stops—the majority of their                in remote areas, are rarely used, and
                                                been conducted. The Agency must also                    time—spent hand unloading their                       monitored by SMART, or are equipped
                                                provide an opportunity for public                       products. Allied operates two                         with active warning devices.
                                                comment on the request.                                                                                          A copy of the petition, as well as any
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                                                                                                        warehouses in New Jersey, dispatching
                                                   The Agency reviews safety analyses                   so as to avoid traveling long distances.              written communications concerning the
                                                and public comments submitted, and                         Allied asserts that this exemption                 petition, is available for review online at
                                                determines whether granting the                         would have no impact on the safety of                 www.regulations.gov and in person at
                                                exemption would likely achieve a level                  its fleet or of the general public, as this           the Department of Transportation’s
                                                of safety equivalent to, or greater than,               is primarily about a recording                        Docket Operations Facility, 1200 New
                                                the level that would be achieved by the                 requirement. Its drivers’ hours are                   Jersey Ave. SE, W12–140, Washington,
                                                current regulation (49 CFR 381.305).                    recorded and retained by an automated                 DC 20590. The Docket Operations


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                                                38452                         Federal Register / Vol. 83, No. 151 / Monday, August 6, 2018 / Notices

                                                Facility is open from 9 a.m. to 5 p.m.,                 DEPARTMENT OF TRANSPORTATION                          49 U.S.C. 5314, Technical Assistance
                                                Monday through Friday, except Federal                                                                         and Workforce Development.
                                                Holidays.                                               Federal Transit Administration                        Subsequent funding from FTA will
                                                  Interested parties are invited to                                                                           depend upon program priorities
                                                                                                        Notice of Funding Opportunity (NOFO):                 established by the Secretary of
                                                participate in these proceedings by                     Solicitation of Project Proposals for                 Transportation, future appropriations,
                                                submitting written views, data, or                      the National Center for Mobility                      and annual performance reviews. In
                                                comments. FRA does not anticipate                       Management                                            recognition of the fundamental
                                                scheduling a public hearing in                                                                                importance of human service
                                                connection with these proceedings since                 AGENCY: Federal Transit Administration
                                                                                                        (FTA), DOT.                                           transportation and the continuing need
                                                the facts do not appear to warrant a                                                                          to enhance coordination, Executive
                                                                                                        ACTION: Notice.
                                                hearing. If any interested party desires                                                                      Order 13330 (February 24, 2004) on
                                                an opportunity for oral comment, they                   SUMMARY:    The Federal Transit                       Human Service Transportation
                                                should notify FRA, in writing, before                   Administration (FTA) is soliciting                    Coordination, establishing the
                                                the end of the comment period and                       proposals under FTA’s Technical                       Coordinating Council on Access and
                                                specify the basis for their request.                    Assistance and Workforce Development                  Mobility (CCAM), directed multiple
                                                  All communications concerning these                   Program to select an entity to administer             federal departments and agencies to
                                                proceedings should identify the                         the National Center for Mobility                      work together to ensure that
                                                appropriate docket number and may be                    Management (NCMM) and provide                         transportation services are seamless,
                                                submitted by any of the following                       funding for the entity’s activities                   comprehensive, and accessible. The
                                                methods:                                                through the NCMM. The NCMM will                       members of the CCAM are: The
                                                                                                        carry out activities to improve and                   Secretaries from the Departments of
                                                  • Website: http://                                    enhance the coordination of Federal                   Transportation (DOT), Health and
                                                www.regulations.gov. Follow the online                  resources for human service                           Human Services, Labor, Education,
                                                instructions for submitting comments.                   transportation, especially transportation             Interior, Housing and Urban
                                                  • Fax: 202–493–2251.                                  for people with disabilities, older                   Development, Agriculture, and Veterans
                                                  • Mail: Docket Operations Facility,                   adults, and people with low incomes.                  Affairs; the Commissioner of the Social
                                                                                                        Primary activities will include                       Security Administration; the Attorney
                                                U.S. Department of Transportation, 1200
                                                                                                        supporting partners in adopting proven,               General; and the Chairperson of the
                                                New Jersey Avenue SE, W12–140,
                                                                                                        sustainable, replicable, customer-                    National Council on Disability.
                                                Washington, DC 20590.
                                                                                                        centered mobility strategies that                        The CCAM is tasked with seeking
                                                  • Hand Delivery: 1200 New Jersey                      promote good health, economic vitality,               ways to simplify access to
                                                Avenue SE, Room W12–140,                                self-sufficiency, and community unity.                transportation services for persons with
                                                Washington, DC 20590, between 9 a.m.                       The FTA intends to fund the NCMM                   disabilities, persons with lower
                                                and 5 p.m., Monday through Friday,                      at up to $1,900,000 for the first year.               incomes, older adults, and other
                                                except Federal Holidays.                                The FTA may extend funding for this                   transportation disadvantaged
                                                  Communications received by                            center for up to five (5) years; however,             populations.
                                                September 20, 2018 will be considered                   subsequent funding will depend upon:                     Federal transit law as amended by the
                                                by FRA before final action is taken.                    (1) Future authorization and                          Safe, Accountable, Flexible, Efficient
                                                                                                        appropriations; (2) decisions and                     Transportation Equity Act: A Legacy for
                                                Comments received after that date will
                                                                                                        program priorities established by the                 Users (SAFETEA–LU) first authorized
                                                be considered if practicable.
                                                                                                        Secretary of Transportation related to                funding for the management of a
                                                  Anyone can search the electronic                      the implementation of provisions set                  program to improve and enhance the
                                                form of any written communications                      forth in 49 U.S.C. 5314; and (3) annual               coordination of Federal resources for
                                                and comments received into any of our                   performance reviews.                                  human services transportation with
                                                dockets by the name of the individual                   DATES: Complete proposals for funding                 those of the Department of
                                                submitting the comment (or signing the                  opportunity FTA–2018–005–TPM–                         Transportation. The major goal of the
                                                document, if submitted on behalf of an                  NCMM must be submitted electronically                 program was to assist states and local
                                                association, business, labor union, etc.).              through GRANTS.GOV. All applications                  communities in the provision and
                                                In accordance with 5 U.S.C. 553(c), DOT                 must be received by 11:59 p.m. Eastern                expansion of coordinated human service
                                                solicits comments from the public to                    time on October 5, 2018.                              transportation for older adults, people
                                                better inform its processes. DOT posts                  FOR FURTHER INFORMATION CONTACT: Carl                 with disabilities, and individuals with
                                                these comments, without edit, including                 Ringgold, FTA Office of Program                       lower incomes.
                                                any personal information the                            Management, (202) 366–6508 or                            Federal transit law as amended by the
                                                commenter provides, to                                  Carl.Ringgold@dot.gov.                                Fixing America’s Surface Transportation
                                                www.regulations.gov, as described in                    SUPPLEMENTARY INFORMATION:                            (FAST) Act continues to authorize
                                                the system of records notice (DOT/ALL–                                                                        funding for technical assistance under
                                                14 FDMS), which can be reviewed at                      Table of Contents
                                                                                                                                                              49 U.S.C 5314(a)(2)(B) to help providers
                                                https://www.transportation.gov/privacy.                 A. Program Description                                of public transportation comply with
                                                See also http://www.regulations.gov/                    B. Federal Award Information                          human services transportation
                                                #!privacyNotice for the privacy notice of               C. Eligibility                                        coordination requirements and to
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                                                                                                        D. Application and Submission Information
                                                regulations.gov.                                        E. Application Review
                                                                                                                                                              enhance the coordination of Federal
                                                                                                        F. Federal Award Administration                       resources for human services
                                                Robert C. Lauby,                                                                                              transportation with those of the
                                                                                                        G. Federal Awarding Agency Contact(s)
                                                Associate Administrator for Railroad Safety,                                                                  Department of Transportation through
                                                Chief Safety Officer.                                   A. Program Description                                technical assistance, training, and
                                                [FR Doc. 2018–16755 Filed 8–3–18; 8:45 am]                Federal Transit Administration                      support services related to complying
                                                BILLING CODE 4910–06–P                                  funding for the NCMM is authorized by                 with such requirements.


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Document Created: 2018-11-06 10:37:03
Document Modified: 2018-11-06 10:37:03
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 38451 

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