Petition for Waiver of Compliance, 19412-19413 [2014-07786]
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Federal Register / Vol. 79, No. 67 / Tuesday, April 8, 2014 / Notices
commercial motor vehicle (CMV) by
anyone who has accumulated 60 hours
of on-duty time in a period of 7 days.
Timberdoodle requested that its drivers
be allowed to exclude from this
calculation all on-duty time other than
time actually driving a CMV. FMCSA
concluded that Timberdoodle has not
demonstrated how its CMV operations
under such an exemption would be
likely to achieve a level of safety
equivalent to or greater than the level of
safety that would be obtained in the
absence of the exemption.
DATES: FMCSA denied the application
for exemption by letter dated December
9, 2013, after notice and opportunity for
public comment.
FOR FURTHER INFORMATION CONTACT: Mr.
Thomas Yager, Chief, FMCSA Driver
and Carrier Operations Division; Office
of Bus and Truck Standards and
Operations; Telephone: 202–366–4325.
Email: MCPSD@dot.gov.
SUPPLEMENTARY INFORMATION:
Docket
You may read background documents
or comments filed to the docket of this
application for exemption by going to
www.regulations.gov at any time, or to
Room W12–140, DOT Building, 1200
New Jersey Ave. SE., Washington, DC,
between 9 a.m. and 5 p.m., e.t., Monday
through Friday, except Federal holidays.
Background
mstockstill on DSK4VPTVN1PROD with NOTICES
FMCSA has authority under 49 U.S.C.
31315 and 31136(e) to grant exemptions
from certain parts of the FMCSRs. The
Agency is required to publish a notice
of each exemption request in the
Federal Register [49 CFR 381.315(a)].
FMCSA must provide the public an
opportunity to inspect the information
relevant to the application. The Agency
must also provide an opportunity for
public comment on the request. FMCSA
reviews the public comments and
determines whether granting the
exemption would be likely to achieve a
level of safety equivalent to or greater
than the level of safety that would be
obtained in the absence of the
exemption (49 CFR 381.305). The
decision of the Agency must be
published in the Federal Register with
the reasons for denying or granting the
application [49 CFR 381.315(b) and (c)].
Application for Exemption
Timberdoodle uses commercial motor
vehicles (CMVs) to transport its
products to conferences and
conventions, where it sells them. It
wants to use its CMV drivers as
salespersons at these events, but the
definition of ‘‘on duty time’’ in 49 CFR
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16:42 Apr 07, 2014
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395.2 requires that both the driving time
and the sales time of its drivers be
treated as ‘‘on duty time.’’ The result is
that Timberdoodle’s drivers are
frequently ineligible to drive its CMVs
because they have exceeded the limit of
60 hours on duty in a period of 7
consecutive days. Timberdoodle asked
for exemption from Section 395.3(b)(1)
and proposed that its drivers be
prohibited from operating a CMV only
after they accumulate 60 hours of
driving time in any 7-day period. Thus,
‘‘on duty/not driving’’ time would be
removed from the calculation of total
hours on duty in a 7-day period. A copy
of Timberdoodle’s application for
exemption is in Docket FMCSA–2013–
0069.
Public Comments
On May 3, 2013, FMCSA published
notice of this application and asked for
public comment (78 FR 26104). Four
individuals and Advocates for Highway
and Auto Safety submitted comments.
All opposed the application for
exemption.
Agency Decision
FMCSA reviewed Timberdoodle’s
application and the public comments.
By letter dated December 9, 2013,
FMCSA denied the application because
the Agency concluded Timberdoodle’s
operations were not likely to achieve a
level of safety equivalent to or greater
than the level of safety that would be
achieved in the absence of the
exemption [49 CFR 381.310(c)(5)]. Its
drivers could accumulate up to 98 hours
of on-duty (driving and not driving)
time in a 7-day period before other HOS
rules would bar their operation of a
CMV.
Timberdoodle did not offer any
measures to offset the excessive driver
fatigue that would no doubt be
generated by such a schedule. Further,
while Timberdoodle may prefer to
operate in the manner outlined in its
application, other practical approaches
to its convention sales that would not
require its CMV drivers to exceed the
on-duty limits of 49 CFR 395.3(b)(1)
may be available. A copy of the denial
letter is in Docket FMCSA–2013–0069.
Issued on: April 1, 2014.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2014–07805 Filed 4–7–14; 8:45 am]
BILLING CODE 4910–EX–P
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DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
[Docket Number FRA–2004–17989]
Petition for Waiver of Compliance
In accordance with part 211 of Title
49 Code of Federal Regulations (CFR),
this document provides the public
notice that by a document dated January
29, 2014, Canadian Pacific Railway (CP)
has petitioned the Federal Railroad
Administration (FRA) for a renewal of
its waiver of compliance from certain
provisions of the Federal railroad safety
regulations contained in 49 CFR part
218, Subpart B, Blue Signal Protection
of Workers. FRA assigned the petition
Docket Number FRA–2004–17989.
CP seeks renewal of its relief from 49
CFR Section 218.22(c)(5), Utility
employee. This section lists the
functions allowed to be performed by a
utility employee without establishing
blue signal protection. Although the
employee under this section is allowed
to remove or replace an end-of-train
(EOT) telemetry device, FRA has
maintained that removing or replacing a
battery in an EOT, while the device is
in place on the rear of the train, requires
Blue Signal Protection because this task
is a service and repair to the device. The
present relief allows operating craft
utility employees to change out EOT
batteries as long as the changeout does
not require the use of a tool. CP states
that in the 8 years since the original
waiver was granted, it has not recorded
any accidents or incidents related to this
waiver and hereby submits its petition
for continued relief.
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 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
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Federal Register / Vol. 79, No. 67 / Tuesday, April 8, 2014 / Notices
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 by May 23,
2014 will be considered by FRA before
final action is taken. Comments received
after that date will be considered as far
as practicable.
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
comment (or signing the document, if
submitted on behalf of an association,
business, labor union, etc.). See https://
www.regulations.gov/#!privacyNotice
for the privacy notice of regulations.gov
or interested parties may review DOT’s
complete Privacy Act Statement in the
Federal Register published on April 11,
2000 (65 FR 19477).
Robert C. Lauby,
Associate Administrator for Railroad Safety,
Chief Safety Officer.
[FR Doc. 2014–07786 Filed 4–7–14; 8:45 am]
BILLING CODE 4910–06–P
DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
[Docket Number FRA–2014–0015]
mstockstill on DSK4VPTVN1PROD with NOTICES
Petition for Waiver of Compliance
In accordance with Part 211 of Title
49 Code of Federal Regulations (CFR),
this document provides the public
notice that by a document dated January
25, 2014, Texas State Railroad (TSRR)
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 223, Safety
Glazing Standards—Locomotives,
Passenger Cars and Cabooses. FRA
assigned the petition Docket Number
FRA–2014–0015.
TSRR is a 25-mile-long tourist
railroad that operates between Rusk and
Palestine, TX, at a track speed of 20
mph. It shares track with another freight
railroad, the Rusk, Palestine, and Pacific
Railway. TSRR is requesting relief from
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the glazing requirements for three
locomotives: TSRR Nos. 1, 8, and 22.
These three locomotives were built in
the 1940s and 1950s and do not
currently have compliant glazing. TSRR
No. 8, an Alco MRS3, is used as a
backup locomotive for passenger and
excursion service when a TSRR steam
locomotive is out of service. TSRR No.
1 is a General Electric (GE) 45-ton center
cab locomotive used as a shop switcher
and to haul maintenance-of-way
equipment. TSRR No. 22 is a GE 70-ton
locomotive, which is currently out of
service, but TSRR plans to return to
service in the near future. Each of these
locomotives would incur less than 2,500
service miles per year.
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
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 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:
• 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 by May 23,
2014 will be considered by FRA before
final action is taken. Comments received
after that date will be considered as far
as practicable.
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
PO 00000
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Fmt 4703
Sfmt 4703
19413
comment (or signing the document, if
submitted on behalf of an association,
business, labor union, etc.). See https://
www.regulations.gov/#!privacyNotice
for the privacy notice of regulations.gov
or interested parties may review DOT’s
complete Privacy Act Statement in the
Federal Register published on April 11,
2000 (65 FR 19477).
Robert C. Lauby,
Associate Administrator for Railroad Safety,
Chief Safety Officer.
[FR Doc. 2014–07787 Filed 4–7–14; 8:45 am]
BILLING CODE 4910–06–P
DEPARTMENT OF TRANSPORTATION
Federal Transit Administration
[FTA Docket No. 2014–0011]
Notice of Request for the Extension of
a Currently Approved Information
Collection
AGENCY:
Federal Transit Administration,
DOT.
ACTION:
Notice of request for comments.
In accordance with the
Paperwork Reduction Act of 1995, this
notice announces the intention of the
Federal Transit Administration (FTA) to
request the Office of Management and
Budget (OMB) to extend the following
currently approved information
collection: Generic Clearance for the
Collection of Qualitative Feedback on
Agency Service Delivery.
DATES: Comments must be submitted
before June 9, 2014.
ADDRESSES: To ensure that your
comments are not entered more than
once into the docket, submit comments
identified by the docket number by only
one of the following methods:
1. Web site: www.regulations.gov.
Follow the instructions for submitting
comments on the U.S. Government
electronic docket site. (Note: The U.S.
Department of Transportation’s (DOT’s)
electronic docket is no longer accepting
electronic comments.) All electronic
submissions must be made to the U.S.
Government electronic docket site at
www.regulations.gov. Commenters
should follow the directions below for
mailed and hand-delivered comments.
2. Fax: 202–366–7951.
3. Mail: U.S. Department of
Transportation, 1200 New Jersey
Avenue SE., Docket Operations, M–30,
West Building, Ground Floor, Room
W12–140, Washington, DC 20590–0001.
4. Hand Delivery: U.S. Department of
Transportation, 1200 New Jersey
Avenue SE., Docket Operations, M–30,
West Building, Ground Floor, Room
SUMMARY:
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]]>Agencies
[Federal Register Volume 79, Number 67 (Tuesday, April 8, 2014)]
[Notices]
[Pages 19412-19413]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-07786]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
[Docket Number FRA-2004-17989]
Petition for Waiver of Compliance
In accordance with part 211 of Title 49 Code of Federal Regulations
(CFR), this document provides the public notice that by a document
dated January 29, 2014, Canadian Pacific Railway (CP) has petitioned
the Federal Railroad Administration (FRA) for a renewal of its waiver
of compliance from certain provisions of the Federal railroad safety
regulations contained in 49 CFR part 218, Subpart B, Blue Signal
Protection of Workers. FRA assigned the petition Docket Number FRA-
2004-17989.
CP seeks renewal of its relief from 49 CFR Section 218.22(c)(5),
Utility employee. This section lists the functions allowed to be
performed by a utility employee without establishing blue signal
protection. Although the employee under this section is allowed to
remove or replace an end-of-train (EOT) telemetry device, FRA has
maintained that removing or replacing a battery in an EOT, while the
device is in place on the rear of the train, requires Blue Signal
Protection because this task is a service and repair to the device. The
present relief allows operating craft utility employees to change out
EOT batteries as long as the changeout does not require the use of a
tool. CP states that in the 8 years since the original waiver was
granted, it has not recorded any accidents or incidents related to this
waiver and hereby submits its petition for continued relief.
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 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
[[Page 19413]]
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 by May 23, 2014 will be considered by FRA
before final action is taken. Comments received after that date will be
considered as far as practicable.
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 comment (or signing the document,
if submitted on behalf of an association, business, labor union, etc.).
See https://www.regulations.gov/#!privacyNotice for the privacy notice
of regulations.gov or interested parties may review DOT's complete
Privacy Act Statement in the Federal Register published on April 11,
2000 (65 FR 19477).
Robert C. Lauby,
Associate Administrator for Railroad Safety, Chief Safety Officer.
[FR Doc. 2014-07786 Filed 4-7-14; 8:45 am]
BILLING CODE 4910-06-P
