State of Good Repair Grants Program: Proposed Circular; Correction, 17230-17231 [2014-06823]
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Federal Register / Vol. 79, No. 59 / Thursday, March 27, 2014 / Notices
initiated after publication of the notice
pending reevaluation of the informal
hearing procedure (see 75 FR 32242). At
that time, there were 20 pending cases
awaiting informal hearings and an
additional 13 cases in which
respondents had requested informal
hearings subject to objections by the
Eastern and Midwestern Service
Centers. In order to avoid further
delaying the resolution of these cases,
the Agency assigned them to a Hearing
Officer located within the Office of
Chief Counsel’s Section of
Adjudications. This section is not
connected with the Agency’s
enforcement program and the attorneys
assigned to this section currently draft
decisions and orders in civil penalty
cases, safety rating appeals, and
Hazardous Materials Permit appeals for
the review and signature of FMCSA’s
Assistant Administrator. See 49 CFR
386.3. In its June 7, 2010 notice, FMCSA
sought public comment on options for
implementing an effective informal
hearing process.
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Comments on the Notice
Only the American Trucking
Associations (ATA) submitted a
comment in response to the Notice. The
ATA made three suggestions that it
believed would either enhance the
neutrality of the process or speed its
resolution: (1) Allow service of claims
and responses to claims via electronic
means; (2) utilize hearing officers who
are not employed by FMCSA to conduct
informal hearings; and (3) permit
carriers who opt for an informal hearing
to preserve their right to a formal
hearing.
Response to Comments
The ATA’s first suggestion could
potentially speed the adjudicatory
process, not only for informal hearings,
but for other matters coming before the
Assistant Administrator under 49 CFR
part 386. Implementation of this
proposal, however, would require the
Agency to revise its rules regarding
service of documents to permit
electronic service, and the Agency will
consider doing so at the appropriate
time.
ATA’s second suggestion is based on
the misconception that any FMCSA
employee, regardless of his or her
position in the agency, is necessarily
biased and cannot act as a neutral
arbiter. Under the Agency’s Rules of
Practice, the Chief Counsel, the Special
Assistant to the Chief Counsel, and
attorneys in the Chief Counsel’s Section
of Adjudications are separated from
enforcement functions and enforcement
counsel, and advise the Assistant
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18:40 Mar 26, 2014
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Administrator in contested cases. (See
49 CFR 386.3.) These attorneys have
advised the Assistant Administrator,
and prepared numerous orders and
decisions in matters coming before the
Assistant Administrator during the past
several years, many of which have been
favorable to respondents in contested
enforcement cases.
After suspending the informal hearing
process for enforcement actions
initiated on or after June 7, 2010, the
Agency held informal hearings in more
than 30 cases pending before that date,
with an Adjudications attorney serving
as Hearing Officer. The informal
hearings, which were held via
teleconference, proved to be an efficient,
less expensive means of adjudication
than a formal hearing before an
administrative law judge. They were
less resource intensive for both parties,
provided a timely means of resolution,
and were an effective means to resolve
enforcement cases. The Agency intends
to continue to use personnel identified
in section 386.3, including
Adjudications counsel, as hearing
officers, but reserves the right to use
other neutral arbiters.
The ATA’s third suggestion is
essentially a request to amend 49 CFR
386.16(b)(4)(A) by eliminating the final
sentence of that paragraph, which states:
‘‘By participating in an informal
hearing, respondent waives its right to
a formal hearing.’’ Implementation of
this recommendation would require
notice and comment rulemaking and, as
such, is beyond the scope of this notice.
Moreover, it appears to be based on the
erroneous assumption that a respondent
waives its right to appeal the decision
of the Hearing Officer by requesting an
informal hearing. This is not the case.
The Hearing Officer issues a report to
the Assistant Administrator that
includes findings of fact and a
recommended disposition of the case.
The Assistant Administrator then issues
either a Final Order adopting the report
or other orders he or she may deem
appropriate. If a respondent disagrees
with the Final Order, it may submit a
petition for reconsideration under 49
CFR 386.64. Final Orders in informal
hearing cases are also subject to the
appeal provisions of section 386.67.
There is a right, therefore, to appeal the
Hearing Officer’s recommendation.
Furthermore, if a respondent is
concerned about the fairness of the
informal hearing process, it has the
option of requesting a formal hearing in
its reply to the Notice of Claim. A
respondent requesting a formal hearing
simply because it is dissatisfied with the
results of the informal hearing process
would essentially be engaging in forum
PO 00000
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shopping. Permitting such a practice
would be an inefficient use of Agency
resources and delay resolution of the
matter.
Reinstatement of Informal Hearings
Accordingly, FMCSA rescinds its June
7, 2010 notice suspending the
availability of informal hearings for
enforcement actions initiated on or after
the date of that Notice. In addition, the
Agency removes the geographical
limitations on eligibility for informal
hearings imposed on March 17, 2006
and February 13, 2007. The informal
hearing option will be available to all
respondents subject to civil penalty
enforcement actions initiated by Notices
of Claim issued on or after the date of
this notice.
Issued on: March 14, 2014.
Anne S. Ferro,
Administrator.
[FR Doc. 2014–06838 Filed 3–26–14; 8:45 am]
BILLING CODE 4910–EX–P
DEPARTMENT OF TRANSPORTATION
Federal Transit Administration
[Docket No. FTA–2014–0008]
State of Good Repair Grants Program:
Proposed Circular; Correction
Federal Transit Administration
(FTA), DOT.
ACTION: Notice of availability of
proposed circular and request for
comments; correction.
AGENCY:
On March 3, 2014, the Federal
Transit Administration (FTA) published
a notice of available guidance regarding
the State of Good Repair Grants
program. In the March 3, 2014, notice,
the DATES section was incorrect and this
notice corrects it.
DATES: Comments must be received by
May 2, 2014. Late filed comments may
be considered so far as practicable.
ADDRESSES: You may submit comments,
identified by docket number FTA–
2014–0008, by any of the methods
described in the March 3, 2014, notice.
FOR FURTHER INFORMATION CONTACT: Eric
Hu, FTA Office of Program
Management, (202) 366–0870, Eric.Hu@
dot.gov.
SUPPLEMENTARY INFORMATION: On March
3, 2014, the FTA published a notice in
the Federal Register (79 FR 11865)
stating that the FTA had placed in the
docket and on its Web site proposed
guidance in the form of a circular, FTA
Circular 5300.1, to assist recipients of
financial aid under the 49 U.S.C. 5337
State of Good Repair (SGR) Grants
SUMMARY:
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Federal Register / Vol. 79, No. 59 / Thursday, March 27, 2014 / Notices
program. The March 3, 2014, notice also
provided a summary of and sought
public comment on the proposed FTA
Circular 5300.1.
The March 3, 2014, notice incorrectly
stated that the deadline for the
submission of comments on the
proposed FTA Circular 5300.1 was
April 2, 2014. The correct deadline for
the submission of comments is May 2,
2014.
Therese W. McMillan,
Deputy Administrator.
[FR Doc. 2014–06823 Filed 3–26–14; 8:45 am]
BILLING CODE P
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety
Administration
[Docket No. NHTSA–2014–0032]
Aston Martin Lagonda Limited; Receipt
of Petition for Temporary Exemption
From New Requirements of Standard
No. 214
National Highway Traffic
Safety Administration (NHTSA),
Department of Transportation (DOT).
ACTION: Notice of receipt of a petition for
a temporary exemption from new
requirements of Federal Motor Vehicle
Safety Standard (FMVSS) No. 214, Side
impact protection; request for comment.
AGENCY:
In accordance with the
procedures in 49 CFR part 555, Aston
Martin Lagonda Limited (Aston Martin)
has petitioned the agency for a
temporary exemption from new pole
and moving deformable barrier test
requirements of FMVSS No. 214. The
petitioner states that compliance would
cause Aston Martin substantial
economic hardship and that it has tried
in good faith to comply with the
standard. NHTSA is publishing this
document in accordance with statutory
and administrative provisions, and
requests comments on the petition.
NHTSA has made no judgment on the
merits of the petition.
DATES: If you would like to comment on
the petition, you should submit your
comment not later than April 28, 2014.
FOR FURTHER INFORMATION CONTACT:
Deirdre Fujita, Office of the Chief
Counsel, NCC–112, National Highway
Traffic Safety Administration, 1200 New
Jersey Avenue SE., West Building,
Washington, DC 20590. Telephone:
(202) 366–2992; Fax: (202) 366–3820.
ADDRESSES: You may submit your
comment, identified by the docket
number in the heading of this
tkelley on DSK3SPTVN1PROD with NOTICES
SUMMARY:
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18:40 Mar 26, 2014
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document, by any of the following
methods:
• Web site: https://
www.regulations.gov. Follow the
instructions for submitting comments
on the electronic docket site by clicking
on ‘‘Help and Information’’ or ‘‘Help/
Info.’’
• Fax: 1–202–493–2251.
• Mail: U.S. Department of
Transportation, Docket Operations,
M–30, Room W12–140, 1200 New Jersey
Avenue SE., Washington, DC 20590.
• Hand Delivery: 1200 New Jersey
Avenue SE., West Building Ground
Floor, Room W12–140, Washington, DC,
between 9 a.m. and 5 p.m., Monday
through Friday, except Federal
Holidays.
• Federal eRulemaking Portal: Go to
https://www.regulations.gov. Follow the
online instructions for submitting
comments.
Instructions: All submissions must
include the agency name and docket
number.
Note that all comments received will
be posted without change to https://
www.regulations.gov, including any
personal information provided. Please
see the Privacy Act discussion below.
We will consider all comments received
before the close of business on the
comment closing date indicated above.
To the extent possible, we will also
consider comments filed after the
closing date.
Docket: For access to the docket to
read background documents or
comments received, go to https://
www.regulations.gov at any time or to
1200 New Jersey Avenue SE., West
Building Ground Floor, Room W12–140,
Washington, DC 20590, between 9 a.m.
and 5 p.m., Monday through Friday,
except Federal Holidays. Telephone:
(202) 366–9826.
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) or you
may visit https://www.dot.gov/
privacy.html.
Confidential Business Information: If
you wish to submit any information
under a claim of confidentiality, you
should submit three copies of your
complete submission, including the
information you claim to be confidential
business information, to the Chief
Counsel, NHTSA, at the address given
under FOR FURTHER INFORMATION
PO 00000
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17231
CONTACT.
In addition, you should
submit a copy, from which you have
deleted the claimed confidential
business information, to Docket
Management at the address given above.
When you send a comment containing
information claimed to be confidential
business information, you should
include a cover letter setting forth the
information specified in our
confidential business information
regulation (49 CFR part 512).
SUPPLEMENTARY INFORMATION:
I. Background
a. Statutory Authority for Temporary
Exemptions
The National Traffic and Motor
Vehicle Safety Act (Safety Act), codified
as 49 U.S.C. Chapter 301, provides the
Secretary of Transportation authority to
exempt, on a temporary basis and under
specified circumstances, motor vehicles
from a motor vehicle safety standard or
bumper standard. This authority is set
forth at 49 U.S.C. 30113. The Secretary
has delegated the authority for
implementing this section to NHTSA.
In recognition of the more limited
resources and capabilities of small
manufacturers, authority to grant
exemptions based on substantial
economic hardship and good faith
efforts is provided in the Safety Act to
enable the agency to give those
manufacturers additional time to
comply with the Federal safety
standards. The Safety Act authorizes the
Secretary to grant a temporary
exemption to a manufacturer whose
total motor vehicle production in the
most recent year of production is not
more than 10,000 motor vehicles, on
such terms as the Secretary deems
appropriate, if the exemption would be
consistent with the public interest and
the Safety Act and ‘‘compliance with
the standard would cause substantial
economic hardship to a manufacturer
that has tried to comply with the
standard in good faith.’’ (49 U.S.C.
30113(b)(3)(B)(i).)
NHTSA established 49 CFR part 555,
Temporary Exemption from Motor
Vehicle Safety and Bumper Standards,
to implement the statutory provisions
concerning temporary exemptions.
Under Part 555, a petitioner must
provide specified information in
submitting a petition for exemption.
These requirements are specified in 49
CFR 555.5, and include a number of
items. Foremost among them are that
the petitioner must set forth the basis of
the application under § 555.6, and the
reasons why the exemption would be in
the public interest and consistent with
the objectives of the Safety Act (49
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]]>Agencies
[Federal Register Volume 79, Number 59 (Thursday, March 27, 2014)]
[Notices]
[Pages 17230-17231]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-06823]
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DEPARTMENT OF TRANSPORTATION
Federal Transit Administration
[Docket No. FTA-2014-0008]
State of Good Repair Grants Program: Proposed Circular;
Correction
AGENCY: Federal Transit Administration (FTA), DOT.
ACTION: Notice of availability of proposed circular and request for
comments; correction.
-----------------------------------------------------------------------
SUMMARY: On March 3, 2014, the Federal Transit Administration (FTA)
published a notice of available guidance regarding the State of Good
Repair Grants program. In the March 3, 2014, notice, the DATES section
was incorrect and this notice corrects it.
DATES: Comments must be received by May 2, 2014. Late filed comments
may be considered so far as practicable.
ADDRESSES: You may submit comments, identified by docket number FTA-
2014-0008, by any of the methods described in the March 3, 2014,
notice.
FOR FURTHER INFORMATION CONTACT: Eric Hu, FTA Office of Program
Management, (202) 366-0870, Eric.Hu@dot.gov.
SUPPLEMENTARY INFORMATION: On March 3, 2014, the FTA published a notice
in the Federal Register (79 FR 11865) stating that the FTA had placed
in the docket and on its Web site proposed guidance in the form of a
circular, FTA Circular 5300.1, to assist recipients of financial aid
under the 49 U.S.C. 5337 State of Good Repair (SGR) Grants
[[Page 17231]]
program. The March 3, 2014, notice also provided a summary of and
sought public comment on the proposed FTA Circular 5300.1.
The March 3, 2014, notice incorrectly stated that the deadline for
the submission of comments on the proposed FTA Circular 5300.1 was
April 2, 2014. The correct deadline for the submission of comments is
May 2, 2014.
Therese W. McMillan,
Deputy Administrator.
[FR Doc. 2014-06823 Filed 3-26-14; 8:45 am]
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