Canadian National Railway's Request for Positive Train Control Safety Plan Approval and System Certification, 60271-60272 [2017-27256]
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Federal Register / Vol. 82, No. 242 / Tuesday, December 19, 2017 / Notices
Question 26 under section 49 CFR 395.8
currently reads as follows:
sradovich on DSK3GMQ082PROD with NOTICES
Question 26: If a driver is permitted to use
a Commercial Motor Vehicle (CMV) for
personal reasons, how must the driving time
be recorded?
Guidance: When a driver is relieved from
work and all responsibility for performing
work, time spent traveling from a driver’s
home to his/her terminal (normal work
reporting location), or from a driver’s
terminal to his/her home, may be considered
off-duty time. Similarly, time spent traveling
short distances from a driver’s en route
lodgings (such as en route terminals or
motels) to restaurants in the vicinity of such
lodgings may be considered off-duty time.
The type of conveyance used from the
terminal to the driver’s home, from the
driver’s home to the terminal, or to
restaurants in the vicinity of en route
lodgings would not alter the situation unless
the vehicle is laden. A driver may not operate
a laden CMV as a personal conveyance. The
driver who uses a motor carrier’s Commercial
Motor Vehicle (CMV) for transportation
home, and is subsequently called by the
employing carrier and is then dispatched
from home, would be on-duty from the time
the driver leaves home. A driver placed out
of service for exceeding the requirements of
the hours of service regulations may not
drive a Commercial Motor Vehicle (CMV) to
any location to obtain rest.
III. Proposed Guidance Language
FMCSA proposes to replace the above
interpretation with the following
revised Question 26 and seeks
comments on this guidance. FMCSA
also seeks public comments and
information on other appropriate uses of
a CMV while off-duty for personal
conveyance, as well as the economic
impacts of the proposal. FMCSA
proposes to update the guidance for
§ 395.8 Driver’s Record of Duty Status to
read as follows:
Question 26: Under what
circumstances may a driver operate a
commercial motor vehicle (CMV) as a
personal conveyance?
Guidance: A driver may record time
operating a CMV for personal
conveyance (i.e., for personal use or
reasons) as off-duty only when the
driver is relieved from work and all
responsibility for performing work.
(a) Examples of appropriate uses of a
CMV while off-duty for personal
conveyance include, but are not limited
to:
1. Time spent traveling from a driver’s
en route lodging (such as a motel or
truck stop) to restaurants and
entertainment facilities and back to the
lodging.
2. Commuting from the last location
where on-duty activity occurred to the
driver’s permanent residence and back
to that last on-duty location. This would
include commuting between the driver’s
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terminal and his or her residence,
between trailer-drop lots and the
driver’s residence, and between work
sites and his or her residence.
(b) Examples of uses of a CMV that
would not qualify as personal
conveyance include, but are not limited
to, the following:
1. The movement of a CMV to
enhance the operational readiness of a
motor carrier. For example, moving the
CMV closer to its next loading or
unloading point or other motor carrierscheduled destination, regardless of
other factors.
2. After delivering a towed unit, and
the towing unit no longer meets the
definition of a CMV, the driver returns
to the point of origin under the direction
of the motor carrier in order to pick up
another towed unit.
3. Continuation of a CMV trip in
interstate commerce, even after the
vehicle is unloaded. In this scenario, onduty time does not end until the driver
reaches a location designated or
authorized by the carrier for parking or
storage of the CMV, such as a permanent
residence, authorized lodging, or home
terminal.
4. Bobtailing or operating with an
empty trailer to retrieve another load.
5. Repositioning a CMV and or trailer
at the direction of the motor carrier.
The CMV may be used for personal
conveyance even if it is laden, since the
load is not being transported for the
commercial benefit of the carrier at that
time.
IV. Expiration Date of the Proposed
Regulatory Guidance
In accordance with section
5203(a)(2)(A) and (a)(3) of the Fixing
America’s Surface Transportation
(FAST) Act, Public Law 114–94, 129
Stat. 1312, 1535 (Dec. 4, 2015), the
proposed regulatory guidance would be
posted on FMCSA’s website,
www.fmcsa.dot.gov, if finalized. It
would be reviewed by the Agency no
later than December 19, 2022. The
Agency would consider at that time
whether the guidance should be
withdrawn, reissued for another period
up to five years, or incorporated into the
safety regulations.
V. Request for Comments
Refer to the ADDRESSES section above
for instructions on submitting
comments to the public docket
concerning this regulatory guidance.
The FMCSA will consider comments
received by the closing date of the
comment period to determine whether
any further clarification of these
regulatory provisions is necessary. In
addition to general comments
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60271
concerning the guidance, the Agency is
seeking information on the following:
1. Which carriers or drivers would
take advantage of the additional
flexibilities proposed in this guidance?
2. Are there particular segments of the
industry that would take advantage of
this change more than others?
3. Are there some carriers or segments
of the industry that would prohibit their
drivers from driving laden vehicles for
personal conveyance?
4. For what reasons would a carrier
prohibit drivers from driving a laden
vehicle for personal conveyance?
5. What benefits would the new
flexibilities provide to carriers and
drivers?
Issued on: December 13, 2017.
Cathy F. Gautreaux,
Deputy Administrator.
[FR Doc. 2017–27315 Filed 12–18–17; 8:45 am]
BILLING CODE 4910–EX–P
DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
[Docket Number FRA–2010–0057]
Canadian National Railway’s Request
for Positive Train Control Safety Plan
Approval and System Certification
Federal Railroad
Administration (FRA), U.S. Department
of Transportation (DOT).
ACTION: Notice of availability and
request for comments.
AGENCY:
This document provides the
public with notice that Canadian
National Railway (CN) submitted to
FRA its Positive Train Control Safety
Plan (PTCSP) Version 1.6, dated October
30, 2017, on FRA’s Secure Information
Repository site on November 9, 2017.
CN asks FRA to approve its PTCSP and
issue a Positive Train Control System
Certification for CN’s Interoperable
Electronic Train Management System
(I–ETMS).
DATES: FRA will consider comments
received by January 18, 2018 before
taking final action on the PTCSP. FRA
may consider comments received after
that date if practicable.
ADDRESSES: All comments concerning
this proceeding should identify Docket
Number FRA–2010–0057, and may be
submitted by any of the following
methods:
• Website: 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
SUMMARY:
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60272
Federal Register / Vol. 82, No. 242 / Tuesday, December 19, 2017 / Notices
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.
FOR FURTHER INFORMATION CONTACT: Dr.
Mark Hartong, Senior Scientific
Technical Advisor, at (202) 493–1332,
or Mark.Hartong@dot.gov; or Mr. David
Blackmore, Staff Director, Positive Train
Control Division, at (312) 835–3903, or
David.Blackmore@dot.gov.
SUPPLEMENTARY INFORMATION: In its
PTCSP, CN asserts that the I–ETMS
system is designed as a vital overlay
PTC system as defined in 49 CFR
236.1015(e)(2). The PTCSP describes
CN’s I–ETMS implementation and the
associated I–ETMS safety processes,
safety analyses, and test, validation, and
verification processes used during the
development of I–ETMS. The PTCSP
also contains CN’s operational and
support requirements and procedures.
CN’s PTCSP and the accompanying
request for approval and system
certification are available for review
online at www.regulations.gov (Docket
Number FRA–2010–0057), and in
person at DOT’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
comment on the PTCSP by submitting
written comments or data. During its
review of the PTCSP, FRA will consider
any comments or data submitted.
However, FRA may elect not to respond
to any particular comment and, under
49 CFR 236.1009(d)(3), FRA maintains
the authority to approve or disapprove
the PTCSP at its sole discretion. FRA
does not anticipate scheduling a public
hearing regarding CN’s PTCSP because
the circumstances do not appear to
warrant a hearing. If any interested
party desires an opportunity for oral
comment, the party should notify FRA
in writing before the end of the
comment period and specify the basis
for his or her request.
sradovich on DSK3GMQ082PROD with NOTICES
Privacy Act Notice
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 49 CFR 211.3, FRA
solicits comments from the public to
better inform its decisions. DOT posts
VerDate Sep<11>2014
17:47 Dec 18, 2017
Jkt 244001
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 https://www.regulations.gov/
privacyNotice for the privacy notice of
regulations.gov.
Robert C. Lauby,
Associate Administrator for Railroad Safety,
Chief Safety Officer.
[FR Doc. 2017–27256 Filed 12–18–17; 8:45 am]
BILLING CODE 4910–06–P
DEPARTMENT OF TRANSPORTATION
Maritime Administration
[Docket Number MARAD–2017–0200]
Waiver Request for Aquaculture
Support Operations for the 2018
Calendar Year: RONJA CARRIER,
COLBY PERCE, SADIE JANE
Maritime Administration.
Notice and request for
comments
AGENCY:
ACTION:
Pursuant to a delegation of
authority from the Secretary of
Transportation, the Maritime
Administrator is authorized to issue
waivers allowing documented vessels
with only registry endorsements or
foreign flag vessels to be used in
domestic operations that treat
aquaculture fish or protect aquaculture
fish from disease, parasitic infestation,
or other threats to their health when
suitable vessels of the United States are
not available that could perform those
services. A request for such a waiver has
been received by the Maritime
Administration (MARAD). This notice is
being published to solicit comments
intended to assist MARAD in
determining whether suitable vessels of
the United States are available that
could perform the required services. If
no suitable U.S.-flag vessels are
available, the Maritime Administrator
may issue a waiver necessary to comply
with USCG Aquaculture Support
regulations. A brief description of the
proposed aquaculture support service is
listed in the Supplementary Information
section below.
DATES: Submit comments on or before
January 18, 2018.
ADDRESSES: You may submit comments
identified by DOT Docket Number
MARAD–2017–0200 by any of the
following methods:
• On-line via the Federal Electronic
Portal: https://www.regulations.gov.
SUMMARY:
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Fmt 4703
Sfmt 4703
Search using ‘‘MARAD–2017–0200’’
and follow the instructions for
submitting comments.
• Mail/Hand-Delivery/Courier:
Docket Management Facility; U.S.
Department of Transportation, 1200
New Jersey Avenue SE, Room W12–140,
Washington, DC 20590. Submit
comments in an unbound format, no
larger than 81⁄2 by 11 inches, suitable for
copying and electronic filing.
Reference Materials and Docket
Information: You may view the
complete application, including the
aquaculture support technical service
requirements, and all public comments
at the DOT Docket on-line via https://
www.regulations.gov. Search using
‘‘MARAD–2017–0200.’’ All comments
received will be posted without change
to the docket, including any personal
information provided. The Docket
Management Facility is open 9:00 a.m.
to 5:00 p.m., Monday through Friday,
except on Federal holidays.
FOR FURTHER INFORMATION CONTACT:
Bianca Carr, U.S. Department of
Transportation, Maritime
Administration, 1200 New Jersey
Avenue SE, Room W23–453,
Washington, DC 20590. Telephone 202–
366–9309, Email Bianca.carr@dot.gov.
If you have questions on viewing the
Docket, call Docket Operations,
telephone: (800) 647–5527.
SUPPLEMENTARY INFORMATION: As a result
of the enactment of the Coast Guard
Authorization Act of 2010, codified at
46 U.S.C. 12102, the Secretary of
Transportation has the discretionary
authority to issue waivers allowing
documented vessels with registry
endorsements or foreign flag vessels to
be used in operations that treat
aquaculture fish for or protect
aquaculture fish from disease, parasitic
infestation, or other threats to their
health when suitable vessels of the
United States are not available that
could perform those services. The
Secretary has delegated this authority to
the Maritime Administrator. Pursuant to
this authority, MARAD is providing
notice of the service requirements
proposed by Cooke Aquaculture (Cooke)
in order to make a U.S.-flag vessel
availability determination. Specifics can
be found in Cooke’s application letter
posted in the docket.
To comply with USCG Aquaculture
Support regulations at 46 CFR part 106,
Cooke is seeking a MARAD Aquaculture
Waiver to operate the vessels RONJA
CARRIER, COLBY PERCE, and SADIE
JANE as follows:
Intended Commercial Use of Vessel:
‘‘to use highly-specialized foreign-flag
vessels referred to as a ‘‘wellboat’’ (or
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Agencies
[Federal Register Volume 82, Number 242 (Tuesday, December 19, 2017)]
[Notices]
[Pages 60271-60272]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-27256]
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DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
[Docket Number FRA-2010-0057]
Canadian National Railway's Request for Positive Train Control
Safety Plan Approval and System Certification
AGENCY: Federal Railroad Administration (FRA), U.S. Department of
Transportation (DOT).
ACTION: Notice of availability and request for comments.
-----------------------------------------------------------------------
SUMMARY: This document provides the public with notice that Canadian
National Railway (CN) submitted to FRA its Positive Train Control
Safety Plan (PTCSP) Version 1.6, dated October 30, 2017, on FRA's
Secure Information Repository site on November 9, 2017. CN asks FRA to
approve its PTCSP and issue a Positive Train Control System
Certification for CN's Interoperable Electronic Train Management System
(I-ETMS).
DATES: FRA will consider comments received by January 18, 2018 before
taking final action on the PTCSP. FRA may consider comments received
after that date if practicable.
ADDRESSES: All comments concerning this proceeding should identify
Docket Number FRA-2010-0057, and may be submitted by any of the
following methods:
Website: 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
[[Page 60272]]
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.
FOR FURTHER INFORMATION CONTACT: Dr. Mark Hartong, Senior Scientific
Technical Advisor, at (202) 493-1332, or [email protected]; or Mr.
David Blackmore, Staff Director, Positive Train Control Division, at
(312) 835-3903, or [email protected].
SUPPLEMENTARY INFORMATION: In its PTCSP, CN asserts that the I-ETMS
system is designed as a vital overlay PTC system as defined in 49 CFR
236.1015(e)(2). The PTCSP describes CN's I-ETMS implementation and the
associated I-ETMS safety processes, safety analyses, and test,
validation, and verification processes used during the development of
I-ETMS. The PTCSP also contains CN's operational and support
requirements and procedures.
CN's PTCSP and the accompanying request for approval and system
certification are available for review online at www.regulations.gov
(Docket Number FRA-2010-0057), and in person at DOT'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 comment on the PTCSP by
submitting written comments or data. During its review of the PTCSP,
FRA will consider any comments or data submitted. However, FRA may
elect not to respond to any particular comment and, under 49 CFR
236.1009(d)(3), FRA maintains the authority to approve or disapprove
the PTCSP at its sole discretion. FRA does not anticipate scheduling a
public hearing regarding CN's PTCSP because the circumstances do not
appear to warrant a hearing. If any interested party desires an
opportunity for oral comment, the party should notify FRA in writing
before the end of the comment period and specify the basis for his or
her request.
Privacy Act Notice
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 49 CFR 211.3, FRA solicits comments from the public to
better inform its decisions. 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 https://www.regulations.gov/privacyNotice for the privacy
notice of regulations.gov.
Robert C. Lauby,
Associate Administrator for Railroad Safety, Chief Safety Officer.
[FR Doc. 2017-27256 Filed 12-18-17; 8:45 am]
BILLING CODE 4910-06-P