Petition for Waiver of Compliance, 75542-75543 [2010-30308]

Download as PDF 75542 Federal Register / Vol. 75, No. 232 / Friday, December 3, 2010 / Notices through and out of marine terminal facilities. As noted above, the Port Authority has amended its tariff to clarify that the compliance stickers are a voluntary way to demonstrate compliance with the DTR and that no truck will be denied access to marine terminal facilities for failure to display a sticker. Section 4306(a) of SAFETEA–LU, codified at 49 U.S.C. 14506, prohibits States from requiring motor carriers to display in or on commercial motor vehicles any form of identification other than forms required by the Secretary of Transportation. Section 14506(b)(3) authorizes the Secretary to make an exception for display requirements that he ‘‘determines are appropriate.’’ FMCSA seeks comment on whether the Port Authority’s sticker display requirement is preempted by Federal law. Specifically, the Agency seeks comment on whether the Port Authority’s sticker display requirement should qualify for the Secretary’s exception in 49 U.S.C. 14506(b)(3). NJMTA’s petition, the Port Authority’s October 21, 2010 submission to FMCSA in response to the petition, NJMTA’s November 2, 2010 amended petition and the relevant portions of the Port Authority’s October 1 and October 15, 2010 marine terminal tariffs are available in the docket for inspection. Request for Comments FMCSA invites the Port Authority, as well as any other interested party, to comment on the limited issue of whether the Port Authority’s sticker display requirement is preempted by 49 U.S.C. 15406. Interested parties are requested to limit their comments to this issue. FMCSA will not consider NJMTA’s request to preempt substantive provisions of the DTR as a part of this docket. FMCSA encourages commenters to submit data or legal authorities supporting their positions. Issued on: November 19, 2010. Anne S. Ferro, Administrator. [FR Doc. 2010–30315 Filed 12–2–10; 8:45 am] mstockstill on DSKH9S0YB1PROD with NOTICES BILLING CODE 4910–EX–P DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA–2000–7165; FMCSA– 2000–8398; FMCSA–2004–17984; FMCSA– 2004–18885; FMCSA–2008–0266] Qualification of Drivers; Exemption Renewals; Vision Federal Motor Carrier Safety Administration (FMCSA), DOT. ACTION: Notice of final disposition. AGENCY: FMCSA previously announced its decision to renew the exemptions from the vision requirement in the Federal Motor Carrier Safety Regulations for 21 individuals. FMCSA has statutory authority to exempt individuals from the vision requirement if the exemptions granted will not compromise safety. The Agency has concluded that granting these exemptions will provide a level of safety that will be equivalent to, or greater than, the level of safety maintained, Director, Medical Programs, (202) 366– 4001, fmcsamedical@dot.gov, FMCSA, without the exemptions for these commercial motor vehicle (CMV) drivers. FOR FURTHER INFORMATION CONTACT: Dr. Mary D. Gunnels Department of Transportation, 1200 New Jersey Avenue, SE., Room W64–224, Washington, DC 20590–0001. Office hours are from 8:30 a.m. to 5 p.m. Monday through Friday, except Federal holidays. SUPPLEMENTARY INFORMATION: SUMMARY: Background Under 49 U.S.C. 31136(e) and 31315, FMCSA may grant an exemption for a 2year period if it finds ‘‘such exemption would likely achieve a level of safety that is equivalent to, or greater than, the level that would be achieved absent such exemption.’’ The statute also allows the Agency to renew exemptions at the end of the 2-year period. The comment period ended on October 27, 2010 (75 FR 59327). Discussion of Comments FMCSA received no comments in this proceeding. Conclusion The Agency has not received any adverse evidence on any of these drivers that indicates that safety is being compromised. Based upon its evaluation of the 21 renewal applications, FMCSA renews the Federal vision exemptions for Paul G. Albrecht, Elijah A. Allen, Jr., David W. VerDate Mar<15>2010 16:09 Dec 02, 2010 Jkt 223001 PO 00000 Frm 00092 Fmt 4703 Sfmt 4703 Brown, Monty G. Calderon, Awilda S. Colon, David M. Hagadorn, Zane G. Harvey, Jr., Jeffrey M. Keyser, Donnie A. Kildow, Daniel A. McNabb, David G. Meyers, Thomas L. Oglesby, Michael J. Paul, Russell A. Payne, Rodney M. Pegg, Raymond E. Peterson, Zbigniew P. Pietranik, John C. Rodriguez, Terrance L. Trautman, Charles E. Wood, and Joseph F. Wood. In accordance with 49 U.S.C. 31136(e) and 31315, each renewal exemption will be valid for 2 years unless revoked earlier by FMCSA. The exemption will be revoked if: (1) The person fails to comply with the terms and conditions of the exemption; (2) the exemption has resulted in a lower level of safety than was maintained before it was granted; or (3) continuation of the exemption would not be consistent with the goals and objectives of 49 U.S.C. 31136 and 31315. Issued on: November 20, 2010. Larry W. Minor, Associate Administrator, Office of Policy. [FR Doc. 2010–30384 Filed 12–2–10; 8:45 am] BILLING CODE 4910–EX–P DEPARTMENT OF TRANSPORTATION Federal Railroad Administration Petition for Waiver of Compliance In accordance with Part 211 of Title 49 Code of Federal Regulations (CFR), notice is hereby given that the Federal Railroad Administration (FRA) has received a request for a waiver of compliance from certain requirements of its safety standards. The individual petition is described below, including the party seeking relief, the regulatory provisions involved, the nature of the relief being requested, and the petitioner’s arguments in favor of relief. Albany Port Railroad Corporation [Waiver Petition Docket Number FRA–2010– 0164] The Albany Port Railroad (APRR) and the United Transportation Union (UTU) (together referred to as ‘‘Petitioners’’) jointly seek a waiver from compliance of a certain provision of the Federal Hours of Service Laws (49 U.S.C. Chapter 211; HSL). Specifically, APRR and UTU request relief from 49 U.S.C. 21103(a)(4), which states that a train employee may not be required, or allowed to remain, or go on duty after that employee has initiated an on-duty period each day for 6 consecutive days unless that employee has had at least 48 consecutive hours off-duty at the employee’s home terminal. In support of the request for relief, the petitioners explain that UTU is the sole E:\FR\FM\03DEN1.SGM 03DEN1 mstockstill on DSKH9S0YB1PROD with NOTICES Federal Register / Vol. 75, No. 232 / Friday, December 3, 2010 / Notices representing authority for all train employees on APRR. Further, the petitioner’s explain that APRR currently has four train employees of which three work a single regular assignment Monday through Friday, beginning at 6:00 a.m. and usually ending at 1:00 p.m. The remaining employee holds a relief position and works for the other three employees when they require a day off. The work is always performed within the confines of the Albany Port, which consists of 5 miles per hour yard tracks. The crew will occasionally work on Saturdays when a train is delivered and needs to be switched, thus the request for relief from 49 U.S.C. 21103(a)(4). On these occasions, when the crew is required to work Saturday, they usually receive at least 36 hours or more off prior to reporting for duty on Monday. 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 (e.g., Waiver Petition Docket Number FRA–2010– 0164) and may be submitted by any of the following methods: • Web site: https:// 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 within 45 days of the date of this notice will be considered by FRA before final action is taken. Comments received after that date will be considered as far as practicable. All written communications concerning these proceedings are available for examination during regular business hours (9 a.m.—5 p.m.) at the above facility. All documents in the public docket are also available for inspection and copying on the Internet at the docket facility’s Web site at https:// www.regulations.gov. Anyone is able to search the electronic form of any written VerDate Mar<15>2010 16:09 Dec 02, 2010 Jkt 223001 communications and comments received into any of our dockets by the name of the individual submitting the document (or signing the document, if submitted on behalf of an association, business, labor union, etc.). You may review DOT’s complete Privacy Act Statement in the Federal Register published on April 11, 2000 (65 FR 19477) or at https://www.dot.gov/ privacy.html. Issued in Washington, DC on November 29, 2010. Robert C. Lauby, Deputy Associate Administrator for Regulatory and Legislative Operations. [FR Doc. 2010–30308 Filed 12–2–10; 8:45 am] BILLING CODE 4910–06–P DEPARTMENT OF TRANSPORTATION Maritime Administration [Docket No. MARAD–2010–0105] Requested Administrative Waiver of the Coastwise Trade Laws Maritime Administration, Department of Transportation. ACTION: Invitation for public comments on a requested administrative waiver of the Coastwise Trade Laws for the vessel SEAGRASS. AGENCY: As authorized by 46 U.S.C. 12121, the Secretary of Transportation, as represented by the Maritime Administration (MARAD), is authorized to grant waivers of the U.S. build requirement of the coastwise laws under certain circumstances. A request for such a waiver has been received by MARAD. The vessel, and a brief description of the proposed service, is listed below. The complete application is given in DOT docket MARAD–2010– 0105 at https://www.regulations.gov. Interested parties may comment on the effect this action may have on U.S. vessel builders or businesses in the U.S. that use U.S. flag vessels. If MARAD determines, in accordance with 46 U.S.C. 12121 and MARAD’s regulations at 46 CFR part 388 (68 FR 23084; April 30, 2003), that the issuance of the waiver will have an unduly adverse effect on a U.S. vessel builder or a business that uses U.S. flag vessels in that business, a waiver will not be granted. Comments should refer to the docket number of this notice and the vessel name in order for MARAD to properly consider the comments. Comments should also state the commenter’s interest in the waiver application, and address the waiver criteria given in 388.4 of MARAD’s regulations at 46 CFR part 388. SUMMARY: PO 00000 Frm 00093 Fmt 4703 Sfmt 4703 75543 Submit comments on or before January 3, 2011. ADDRESSES: Comments should refer to docket number MARAD–2010–0105. Written comments may be submitted by hand or by mail to the Docket Clerk, U.S. Department of Transportation, Docket Operations, M–30, West Building Ground Floor, Room W12–140, 1200 New Jersey Avenue, SE., Washington, DC 20590. You may also send comments electronically via the Internet at https:// www.regulations.govhttps:// smses.dot.gov/submit/. All comments will become part of this docket and will be available for inspection and copying at the above address between 10 a.m. and 5 p.m., E.T., Monday through Friday, except federal holidays. An electronic version of this document and all documents entered into this docket is available on the World Wide Web at https://www.regulations.gov. FOR FURTHER INFORMATION CONTACT: Joann Spittle, U.S. Department of Transportation, Maritime Administration, 1200 New Jersey Avenue, SE., Room W21–203, Washington, DC 20590. Telephone 202– 366–5979. SUPPLEMENTARY INFORMATION: As described by the applicant the intended service of the vessel SEAGRASS is: Intended Commercial Use Of Vessel: ‘‘tourist sailing cruises.’’ Geographic Region: ‘‘coast of Maine.’’ Privacy Act: Anyone is able to search the electronic form of all comments received into any of our dockets by the name of the individual submitting the comment (or signing the comment, if submitted on behalf of an association, business, labor union, etc.). You may review DOT’s complete Privacy Act Statement in the Federal Register published on April 11, 2000 (Volume 65, Number 70; Pages 19477–78). DATES: By Order of the Maritime Administrator. Dated: November 29, 2010. Christine Gurland, Secretary, Maritime Administration. [FR Doc. 2010–30341 Filed 12–2–10; 8:45 am] BILLING CODE 4910–81–M DEPARTMENT OF TRANSPORTATION Maritime Administration [Docket No. MARAD–2010–0104] Requested Administrative Waiver of the Coastwise Trade Laws Maritime Administration, Department of Transportation. ACTION: Invitation for public comments on a requested administrative waiver of AGENCY: E:\FR\FM\03DEN1.SGM 03DEN1

Agencies

[Federal Register Volume 75, Number 232 (Friday, December 3, 2010)]
[Notices]
[Pages 75542-75543]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-30308]


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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration


Petition for Waiver of Compliance

    In accordance with Part 211 of Title 49 Code of Federal Regulations 
(CFR), notice is hereby given that the Federal Railroad Administration 
(FRA) has received a request for a waiver of compliance from certain 
requirements of its safety standards. The individual petition is 
described below, including the party seeking relief, the regulatory 
provisions involved, the nature of the relief being requested, and the 
petitioner's arguments in favor of relief.

Albany Port Railroad Corporation

[Waiver Petition Docket Number FRA-2010-0164]

    The Albany Port Railroad (APRR) and the United Transportation Union 
(UTU) (together referred to as ``Petitioners'') jointly seek a waiver 
from compliance of a certain provision of the Federal Hours of Service 
Laws (49 U.S.C. Chapter 211; HSL). Specifically, APRR and UTU request 
relief from 49 U.S.C. 21103(a)(4), which states that a train employee 
may not be required, or allowed to remain, or go on duty after that 
employee has initiated an on-duty period each day for 6 consecutive 
days unless that employee has had at least 48 consecutive hours off-
duty at the employee's home terminal. In support of the request for 
relief, the petitioners explain that UTU is the sole

[[Page 75543]]

representing authority for all train employees on APRR.
    Further, the petitioner's explain that APRR currently has four 
train employees of which three work a single regular assignment Monday 
through Friday, beginning at 6:00 a.m. and usually ending at 1:00 p.m. 
The remaining employee holds a relief position and works for the other 
three employees when they require a day off. The work is always 
performed within the confines of the Albany Port, which consists of 5 
miles per hour yard tracks. The crew will occasionally work on 
Saturdays when a train is delivered and needs to be switched, thus the 
request for relief from 49 U.S.C. 21103(a)(4). On these occasions, when 
the crew is required to work Saturday, they usually receive at least 36 
hours or more off prior to reporting for duty on Monday.
    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 (e.g., Waiver Petition Docket Number FRA-
2010-0164) and may be submitted by any of the following methods:
     Web site: https://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 within 45 days of the date of this notice 
will be considered by FRA before final action is taken. Comments 
received after that date will be considered as far as practicable. All 
written communications concerning these proceedings are available for 
examination during regular business hours (9 a.m.--5 p.m.) at the above 
facility. All documents in the public docket are also available for 
inspection and copying on the Internet at the docket facility's Web 
site at https://www.regulations.gov.
    Anyone is able to search the electronic form of any written 
communications and comments received into any of our dockets by the 
name of the individual submitting the document (or signing the 
document, if submitted on behalf of an association, business, labor 
union, etc.). You may review DOT's complete Privacy Act Statement in 
the Federal Register published on April 11, 2000 (65 FR 19477) or at 
https://www.dot.gov/privacy.html.

    Issued in Washington, DC on November 29, 2010.
Robert C. Lauby,
Deputy Associate Administrator for Regulatory and Legislative 
Operations.
[FR Doc. 2010-30308 Filed 12-2-10; 8:45 am]
BILLING CODE 4910-06-P