83_FR_50168 83 FR 49976 - Sunshine Act Meetings; Unified Carrier Registration Plan Board of Directors

83 FR 49976 - Sunshine Act Meetings; Unified Carrier Registration Plan Board of Directors

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration

Federal Register Volume 83, Issue 192 (October 3, 2018)

Page Range49976-49977
FR Document2018-21622

Federal Register, Volume 83 Issue 192 (Wednesday, October 3, 2018) 
[Federal Register Volume 83, Number 192 (Wednesday, October 3, 2018)]
[Notices]
[Pages 49976-49977]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-21622]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration


Sunshine Act Meetings; Unified Carrier Registration Plan Board of 
Directors

AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.

ACTION: Notice of Unified Carrier Registration Plan Procedures 
Subcommittee Meeting.

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TIME AND DATE: The meeting will occur on October 9, 2018, at 1 p.m. 
Eastern Daylight Time.

PLACE: This meeting will be open to the public via conference call. Any 
interested person may call 1-866-210-1669, passcode 5253902#, to listen 
and participate in this meeting.

STATUS: Open to the public.

[[Page 49977]]


MATTERS TO BE CONSIDERED: The Unified Carrier Registration Plan 
Procedures Subcommittee will continue its work in developing and 
implementing the Unified Carrier Registration Plan and Agreement. An 
agenda for this meeting will be available in advance of the meeting at 
https://ucrplan.org.

FOR FURTHER INFORMATION CONTACT: Mr. Avelino Gutierrez, Chair, Unified 
Carrier Registration Board of Directors, at (505) 827-4565.

    Issued on: September 28, 2018.
Larry W. Minor,
Associate Administrator, Office of Policy, Federal Motor Carrier Safety 
Administration.
[FR Doc. 2018-21622 Filed 10-1-18; 4:15 pm]
 BILLING CODE 4910-EX-P

49976 Federal Register / Vol. 83, No. 192 / Wednesday, October 3, 2018 / Notices area in need of improvement through its QC, creating increased standardization environmental consultants are required Self-Assessment summary reports. For and consistency statewide. to take the pre-qualification training example, the team could not find The system of checks built into the courses. Staff is also encouraged to take required documentation in the Project system includes error messages and a training offered beyond the minimum File Tab even though there were hard stop of the project if a peer review required training. All staff interviewed indications that a related task was is required and not completed. Another indicated that ODOT management fully completed. The areas under which the safeguard of EnviroNet is ‘‘validation’’ supports required training of staff and errors occurred, include, but are not which instigates a hard stop if required consultants. limited to PI, EJ, environmental fields are not filled in the project file. There are security protocols to allow Observation 5: Opportunities exist for commitments, maintenance of traffic, access to the appropriate staff for project expanding training in Environmental and fiscal constraint. The projects file review and input, peer review and Justice (EJ). identified represent all ODOT’s 12 districts and included ODOT, ORDC, ultimately approval officials. Currently, ODOT’s training plan does and LPA projects. not include a stand-alone training Legal Sufficiency Review The team considers these to be project course on EJ. In the Self-Assessment level compliance issues because, To date, ODOT has not applied the summary report, ODOT identified EJ as although documentation expected to be ‘‘ODOT NEPA Assignment Legal an area needing improvement. This in the project file was missing, the files Sufficiency Review Guidance’’ guidance observation and that the team found generally contained indications that the because it did not have any documents project level compliance issues related necessary review or commitments were that required legal sufficiency review. to EJ indicate that additional attention being implemented. The team strongly There are no observations to report at should be paid by ODOT to EJ encourages ODOT to continue this time. compliance. The FHWA encourages improvements to EnviroNet and ODOT Performance Measures ODOT to include specific EJ training procedures to ensure complete opportunities in its training plan, such Observation 4: Some of ODOT’s as the Web-based course currently documentation and compliance on performance measures are ineffective. under development, and other EJ future projects. The FHWA will more closely review these project level The ODOT developed Performance courses offered by the National Highway compliance issues in its next Audit Measures as required in MOU Section Institute, the FHWA Resource Center, review. 10.2 to provide an overall indication of and/or the EPA. ODOT’s execution of its responsibilities Quality Assurance/Quality Control Finalization of Report assigned by the MOU. The team urges (QA/QC) ODOT to refine or revise performance The FHWA received one response to Observation 3: There are variations in measures to reveal any occasional or the Federal Register Notice during the awareness, understanding, and ongoing challenges in agency public comment period for this draft implementation of QA/QC process and relationships as well as any possible report. This response, from the procedures. need to adjust approaches to QC. American Road & Transportation Builders Association, was supportive of The inconsistencies and missing Training Program the Surface Transportation Project information so far described are an The ODOT has a robust Delivery Program and did not relate indication that ODOT’s QA/QC process environmental training program and specifically to Audit 2. This report is a requires attention. The interviews provides adequate budget and time for finalized draft version without revealed that middle and upper staff to access a variety of internal and substantive changes. management at the districts are not external training. The ODOT updated its [FR Doc. 2018–21565 Filed 10–2–18; 8:45 am] involved in the QA/QC process. The training plan in January 2017, and BILLING CODE 4910–22–P ODOT District environmental staff and provided the plan to FHWA and non-environmental staff said that they resource agencies for their review, as rely on the ODOT Central Office to be required by Section 12.2 of the MOU. DEPARTMENT OF TRANSPORTATION the final backstop for QA/QC. However, The training plan includes both most district staff indicated a lack of traditional, instructor-based training Federal Motor Carrier Safety awareness or understanding of the courses and quarterly DEC meetings as Administration overall QA/QC process. No training is well as monthly NEPA chats, where provided exclusively for QA/QC. ODOT Central Office staff can share new Sunshine Act Meetings; Unified Carrier Successful Practice 2: EnviroNet serves information and guidance with district Registration Plan Board of Directors as QA/QC in terms of process and staff, including interactive discussions AGENCY: Federal Motor Carrier Safety consistency. on the environmental program. Administration (FMCSA), DOT. Furthermore, the training plan includes Interviews with district and ODOT a system to track training needs within ACTION: Notice of Unified Carrier Central Office staff indicated that, ODOT. In addition, ODOT holds bi- Registration Plan Procedures overall, EnviroNet has changed the annual meetings with consultants to Subcommittee Meeting. NEPA review process for the better and provide on-going updates about the represents a ‘‘one-stop shop’’ for TIME AND DATE: The meeting will occur environmental program. documentation of the NEPA process. on October 9, 2018, at 1 p.m. Eastern daltland on DSKBBV9HB2PROD with NOTICES The ODOT staff indicated that with Successful Practice 3: ODOT continues Daylight Time. everything now on-line, including the practice of required and continuous PLACE: This meeting will be open to the electronic signatures, communication is training of both staff and consultants public via conference call. Any easier between ODOT, the LPAs and involved in the environmental process. interested person may call 1–866–210– consultants. The use of drop down The ODOT’s training plan states that 1669, passcode 5253902#, to listen and menus and response selections within all ODOT environmental staff (both participate in this meeting. the project file resource areas acts as central and district offices) and STATUS: Open to the public. VerDate Sep<11>2014 18:05 Oct 02, 2018 Jkt 247001 PO 00000 Frm 00072 Fmt 4703 Sfmt 4703 E:\FR\FM\03OCN1.SGM 03OCN1

Federal Register / Vol. 83, No. 192 / Wednesday, October 3, 2018 / Notices 49977 MATTERS TO BE CONSIDERED: The Unified DATES:The exemption is effective from can spend from a few days to several Carrier Registration Plan Procedures October 3, 2018 through October 3, months cutting crops for one farmer. Subcommittee will continue its work in 2023. USCHI stated that custom harvesters developing and implementing the are experiencing a problem with the Unified Carrier Registration Plan and FOR FURTHER INFORMATION CONTACT: Mr. exemption in 49 CFR 391.2(a). It was Agreement. An agenda for this meeting Thomas Yager, Chief, FMCSA Driver adopted by the Federal Highway will be available in advance of the and Carrier Operations Division; Office Administration on December 22, 1971 meeting at https://ucrplan.org. of Carrier, Driver and Vehicle Safety [34 FR 24218] and has been widely used Standards; Telephone: 614–942–6477. by custom harvesters since then. Under FOR FURTHER INFORMATION CONTACT: Mr. Email: MCPSD@dot.gov. Avelino Gutierrez, Chair, Unified this provision, drivers of commercial Carrier Registration Board of Directors, SUPPLEMENTARY INFORMATION: motor vehicles (CMVs) controlled and at (505) 827–4565. operated by a person engaged in custom Background harvesting are exempt from all of part Issued on: September 28, 2018. 391, including the requirement to be at FMCSA has authority under 49 U.S.C. Larry W. Minor, 31136(e) and 31315 to grant exemptions least 21 years of age to operate a CMV Associate Administrator, Office of Policy, from the Federal Motor Carrier Safety in interstate commerce. USCHI member Federal Motor Carrier Safety Administration. Regulations (FMCSRs). FMCSA must companies frequently employ drivers [FR Doc. 2018–21622 Filed 10–1–18; 4:15 pm] publish a notice of each exemption 18–21 years of age, who are issued BILLING CODE 4910–EX–P request in the Federal Register (49 CFR commercial driver’s licenses (CDLs) 381.315(a)). The Agency must provide with a ‘‘K’’ restriction that makes the the public an opportunity to inspect the license valid only for operations within DEPARTMENT OF TRANSPORTATION information relevant to the application, the issuing State (49 CFR 383.23(a)(2) including any safety analyses that have and 383.153(a)(10)(vii)). The problem Federal Motor Carrier Safety arises because the CDL regulations, been conducted. The Agency must also Administration adopted long after 1971, were not provide an opportunity for public comment on the request. drafted to include an exemption [Docket No. FMCSA–2017–0133] corresponding to section 391.2(a). As a The Agency reviews the safety result, the ‘‘K’’ restriction means that Commercial Driver’s License (CDL): analyses and public comments the license is invalid outside the issuing Application for Exemption; U.S. submitted, and determines whether State, even though section 391.2(a) Custom Harvesters, Inc. (USCHI) granting the exemption would likely exempts younger custom harvester achieve a level of safety equivalent to, drivers from the 21-year-old age AGENCY: Federal Motor Carrier Safety or greater than, the level that would be requirement when operating in Administration (FMCSA), DOT. achieved by the current regulation (49 interstate commerce. Section 391.2(a) ACTION: Notice of final disposition; grant CFR 381.305). The decision of the does not preempt State CDL regulations, of application for exemption. Agency must be published in the like requirement in section 383.23(a)(2) Federal Register (49 CFR 381.315(b)) to ‘‘possess a CDL which meets the SUMMARY: FMCSA announces its with the reason for the grant or denial, standards contained in subpart J of this decision to grant the U.S. Custom and, if granted, the specific person or part,’’ including any ‘‘K’’ restriction Harvesters, Inc. (USCHI) an exemption class of persons receiving the imposed under section from the ‘‘K’’ intrastate restriction on exemption, and the regulatory provision 383.153(a)(10)(vii) of subpart J. This has commercial driver’s licenses (CDLs) or provisions from which the exemption caused drivers employed by USCHI’s held by custom harvester drivers is granted. The notice must also specify members to be cited for CDL violations operating in interstate commerce. The the effective period and explain the during inspections, which is an issue Federal Motor Carrier Safety terms and conditions of the exemption. not only for the individual driver, but Regulations (FMCSRs) exempt drivers of The exemption may be renewed (49 CFR also for the custom harvester employer, commercial motor vehicles (CMVs) 381.300(b)). whose safety record is adversely controlled and operated by a person Request for Exemption affected. engaged in interstate custom harvesting, including the requirement that drivers Custom harvesters are businesses that Public Comments be at least 21 years old. However, many supply the equipment and labor to assist On May 1, 2017, FMCSA published younger custom harvester drivers hold farmers with harvesting during their notice of the USCHI application for CDLs with an intrastate-only (or ‘‘K’’) busiest seasons. Typically, there are two exemption and requested public restriction. This has caused drivers of different classes of operations, grain comment (82 FR 20415). The Agency USCHI member companies to be cited harvesting and forage harvesting. A received a total of thirteen sets of during roadside inspections in a grain harvester uses combines to harvest comments. Ten comments—all different State, as the ‘‘K’’ restriction wheat, corn, barley, canola, sunflowers, submitted by custom harvesters— means that the license is invalid outside soybeans, and grain sorghum, among supported the exemption. Two the State of issuance, even when the others. These crop products are commenters—the Oregon Department of younger driver is operating under the transported to an elevator or on-farm Transportation (ODOT) and the custom harvester exemption. FMCSA storage, where the crop is stored and American Association of Motor Vehicle has analyzed the exemption application later transported elsewhere to be Administrators (AAMVA) expressed daltland on DSKBBV9HB2PROD with NOTICES and the public comments and has processed into products for public use. various concerns with the request. One determined that the exemption, subject A forage harvester uses a chopper to other commenter did not take a position to the terms and conditions imposed, harvest whole-plant crops such as corn, on the exemption. will achieve a level of safety that is sorghum, milo, triticale, and alfalfa. Those filing in support of the request equivalent to, or greater than, the level These crops are used for silage to feed stated that a large percentage of their that would be achieved absent such livestock in dairies and feedlots. Custom employees have been under the age of exemption. harvesters travel from State to State and 21. They rely on the rule allowing 18- VerDate Sep<11>2014 18:05 Oct 02, 2018 Jkt 247001 PO 00000 Frm 00073 Fmt 4703 Sfmt 4703 E:\FR\FM\03OCN1.SGM 03OCN1


Document Created: 2018-10-03 02:29:49
Document Modified: 2018-10-03 02:29:49
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
ActionNotice of Unified Carrier Registration Plan Procedures Subcommittee Meeting.
DatesThe meeting will occur on October 9, 2018, at 1 p.m. Eastern Daylight Time.
ContactMr. Avelino Gutierrez, Chair, Unified Carrier Registration Board of Directors, at (505) 827-4565.
FR Citation83 FR 49976 
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