Petition for Waiver of Compliance, 61965-61966 [2019-24749]
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Federal Register / Vol. 84, No. 220 / Thursday, November 14, 2019 / Notices
140, 1200 New Jersey Avenue SE,
between 9 a.m. and 5 p.m. E.T., Monday
through Friday, except Federal holidays.
• Fax: 1–202–493–2251.
Each submission must include the
Agency name and the docket number for
this notice. Note that DOT posts all
comments received without change to
www.regulations.gov, including any
personal information included in a
comment. Please see the Privacy Act
heading below.
Docket: For access to the docket to
read background documents or
comments, go to www.regulations.gov at
any time or visit Room W12–140 on the
ground level of the West Building, 1200
New Jersey Avenue SE, Washington,
DC, between 9 a.m. and 5 p.m., ET,
Monday through Friday, except Federal
holidays. The on-line FDMS is available
24 hours each day, 365 days each year.
Privacy Act: In accordance with 5
U.S.C. 553(c), DOT solicits comments
from the public to better inform its
rulemaking process. 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 www.dot.gov/privacy.
FOR FURTHER INFORMATION CONTACT: Ms.
Pearlie Robinson, FMCSA Driver and
Carrier Operations Division; Office of
Carrier, Driver and Vehicle Safety
Standards; Telephone: (202) 366–4325;
Email: MCPSD@dot.gov. If you have
questions on viewing or submitting
material to the docket, contact Docket
Services, telephone (202) 366–9826.
SUPPLEMENTARY INFORMATION:
I. Public Participation and Request for
Comments
FMCSA encourages you to participate
by submitting comments and related
materials.
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Submitting Comments
If you submit a comment, please
include the docket number for this
notice (FMCSA–2019–0188), indicate
the specific section of this document to
which the comment applies, and
provide a reason for suggestions or
recommendations. You may submit
your comments and material online or
by fax, mail, or hand delivery, but
please use only one of these means.
FMCSA recommends that you include
your name and a mailing address, an
email address, or a phone number in the
body of your document so the Agency
can contact you if it has questions
regarding your submission.
To submit your comment online, go to
www.regulations.gov and put the docket
VerDate Sep<11>2014
17:47 Nov 13, 2019
Jkt 250001
number, ‘‘FMCSA–2019–0188’’ in the
‘‘Keyword’’ box, and click ‘‘Search.’’
When the new screen appears, click on
‘‘Comment Now!’’ button and type your
comment into the text box in the
following screen. Choose whether you
are submitting your comment as an
individual or on behalf of a third party
and then submit. If you submit your
comments by mail or hand delivery,
submit them in an unbound format, no
larger than 81⁄2 by 11 inches, suitable for
copying and electronic filing. If you
submit comments by mail and would
like to know that they reached the
facility, please enclose a stamped, selfaddressed postcard or envelope. FMCSA
will consider all comments and material
received during the comment period.
II. Legal Basis
FMCSA has authority under 49 U.S.C.
31136(e) and 31315 to grant exemptions
from certain Federal Motor Carrier
Safety Regulations. FMCSA must
publish a notice of each exemption
request in the Federal Register (49 CFR
381.315(a)). The Agency must provide
the public an opportunity to inspect the
information relevant to the application,
including any safety analyses that have
been conducted. The Agency must also
provide an opportunity for public
comment on the request.
The Agency reviews safety analyses
and public comments submitted, and
determines whether granting the
exemption would likely achieve a level
of safety equivalent to, or greater than,
the level that would be achieved by the
current regulation (49 CFR 381.305).
The decision of the Agency must be
published in the Federal Register (49
CFR 381.315(b)) with the reasons for
denying or granting the application and,
if granted, the name of the person or
class of persons receiving the
exemption, and the regulatory provision
from which the exemption is granted.
The notice must also specify the
effective period (up to 5 years) and
explain the terms and conditions of the
exemption. The exemption may be
renewed (49 CFR 381.300(b)).
III. Request for Exemption
Drivers qualifying for the HOS shorthaul exception in 49 CFR 395.1(e)(1) do
not have to maintain a record of duty
status (RODS), provided that (among
other things) they operate within a 100
air-mile radius of their normal work
reporting location and return to that
location and are relased from work
within 12 hours after coming on duty.
A driver who exceeds the 100 air-mile
radius or the 12-hour limit loses the
short-haul exception and must
immediately prepare RODS for the
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61965
entire day, or use an electronic logging
device (ELD) if the driver is required to
prepare RODS for more than eight days
in a thirty day period, per 49 CFR
395.8(a)(1)(i).
PSA is requesting an exemption to
increase the 100 air-mile radius in 49
CFR 395.1(e)(1) to 150 air-miles for its
drivers. This proposed exemption
would enable the drivers not exceeding
the 150 air-mile radius to utilize time
records instead of a RODS for that day.
PSA reported in its application that
drivers pick up and deliver products
between manufacturing facilities, many
of whom are sister companies. Drivers
also drive to PSA retail stores. They
drive for short periods of time, usually
less than two hours between stops.
These stops or deliveries allow the
driver to remain alert. All drivers
operate property-carrying CMVs within
150 air-miles and return to their work
reporting location at the end of each
day.
PSA wrote that current operations
include trips between 103 and 109 airmiles. PSA contends that the use of
ELDs or maintaining driver logs adds
substantial costs to its operation and
does not increase the level of safety.
PSA requests that the exemption cover
the maximum allowable duration of 5
years.
IV. Method To Ensure an Equivalent or
Greater Level of Safety
To ensure an equivalent level of safety
PSA offers monitoring CSA safety
management scores, managing hours of
service, requiring both pre-trip and posttrip vehicle inspection, as well as
training in defensive driving. PSA
reports that its CSA safety management
scores are zero in all seven categories;
with no recordable accidents during the
past 24 months. A copy of the
application for exemption is available
for review in the docket for this notice.
Issued on: November 6, 2019.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2019–24722 Filed 11–13–19; 8:45 am]
BILLING CODE 4910–EX–P
DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
[Docket Number FRA–1999–6253]
Petition for Waiver of Compliance
Under part 211 of title 49 Code of
Federal Regulations (CFR), this
document provides the public notice
that on October 31, 2019, the Utah
Transit Authority (UTA) petitioned the
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61966
Federal Register / Vol. 84, No. 220 / Thursday, November 14, 2019 / Notices
Federal Railroad Administration (FRA)
for a waiver of compliance from certain
provisions of the Federal railroad safety
regulations contained at 49 CFR parts
210, 217, 218, 219, 220, 221, 222, 223,
225, 228, 229, 231, 234, 238, 239, 240,
242, and 243. FRA assigned the petition
Docket Number FRA–1999–6253.
UTA, operator of the rail fixed
guideway public transit system TRAX in
Salt Lake City, Utah, seeks an extension
of the terms and conditions of its
current shared use waiver of
compliance. TRAX is operated with
temporal separation on track owned by
UTA and shared partially with Utah
Railway Company and Savage Bingham
& Garfield Railroad Company freight
trains dispatched by UTA. FRA granted
the original shared use waiver on
August 19, 1999, for the North-South
line, modified on March 25, 2011, to
include a portion of the Mid-Jordan
extension with its additional Siemens
S70 rolling stock (77 vehicles). In 2015,
FRA renewed the previous waivers,
granted relief from additional parts of
the CFR, and approved the change of
shared use milepost limits on the NorthSouth Line to reflect the cessation of
freight service south of 6100 South as
part of the transit-exclusive Draper
Extension.
Specifically, UTA requests FRA
extend the regulatory relief in this
docket, noting it has recently retired and
disposed of 29 Urban Transportation
Development Corporation (UTDC)
vehicles acquired from the Santa Clara
Valley Transportation Authority. Also,
UTA is now requesting relief from part
243 for its light rail operators,
supervisors, controller supervisors, and
light rail rolling stock maintenance
employees because training of these
employees is already addressed by the
existing Utah Department of
Transportation State Safety Oversight
Agency program certified by the Federal
Transit Administration. UTA Track/
Signal and Train Control maintenanceof-way employees will comply with part
243 because these employees also
perform work on FRA-compliant
Frontrunner commuter service.
UTA states it will adopt specific
policies and procedures that will
provide a level of safety equivalent to
that provided by full compliance with
FRA regulations. Also, UTA states that
‘‘unlike some light rail systems
operating under a shared use waiver,
UTA owns the entirety of the TRAX
system and corridor, providing it
control of the entry of freight trains on
the TRAX system.
A copy of the petition, as well as any
written communications concerning the
petition, is available for review online at
VerDate Sep<11>2014
17:47 Nov 13, 2019
Jkt 250001
www.regulations.gov and in person at
the U.S. Department of Transportation’s
(DOT) Docket Operations Facility, 1200
New Jersey Ave. 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 parties desire
an opportunity for oral comment and a
public hearing, 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:
• 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
New Jersey Ave. SE, W12–140,
Washington, DC 20590.
• Hand Delivery: 1200 New Jersey
Ave. SE, Room W12–140, Washington,
DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal
Holidays.
Communications received by
December 30, 2019 will be considered
by FRA before final action is taken.
Comments received after that date will
be considered if practicable. 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.). Under 5
U.S.C. 553(c), DOT solicits comments
from the public to better inform its
processes. 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 also https://www.regulations.gov/
privacyNotice for the privacy notice of
regulations.gov.
PO 00000
Frm 00099
Fmt 4703
Sfmt 4703
Issued in Washington, DC.
John Karl Alexy,
Associate Administrator for Railroad Safety,
Chief Safety Officer.
[FR Doc. 2019–24749 Filed 11–13–19; 8:45 am]
BILLING CODE 4910–06–P
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety
Administration
[Docket No. NHTSA–2019–0120]
Hemphill Brothers Leasing Company;
Grant of Petition for Temporary
Exemption From Shoulder Belt
Requirement for Side-Facing Seats on
Motorcoaches
National Highway Traffic
Safety Administration (NHTSA),
Department of Transportation (DOT).
ACTION: Notice of grant of a petition for
temporary exemption.
AGENCY:
In accordance with the
procedures in our regulations, NHTSA
is granting a petition from Hemphill
Brothers Leasing Company, LLC
(Hemphill), for a temporary exemption
from a shoulder belt requirement of
Federal Motor Vehicle Safety Standard
(FMVSS) No. 208, ‘‘Occupant crash
protection,’’ for side-facing seats on
motorcoaches. The grant permits
Hemphill to install Type 1 seat belts
(lap belt only) at side-facing seating
positions, instead of Type 2 seat belts
(lap and shoulder belts). After reviewing
the petition and the comments received,
the agency has determined that the
requested exemption is warranted to
enable the petitioner to sell a vehicle
whose overall level of safety or impact
protection is at least equal to that of a
nonexempted vehicle.
DATES: This exemption applies to the
petitioner’s motorcoaches produced
from November 14, 2019 until
November 15, 2021.
FOR FURTHER INFORMATION CONTACT:
Deirdre R. Fujita, Office of the Chief
Counsel, NCC–200, National Highway
Traffic Safety Administration, 1200 New
Jersey Avenue SE, West Building,
Washington, DC 20590. Telephone:
(202) 366–2992; Fax: (202) 366–3820.
SUPPLEMENTARY INFORMATION:
SUMMARY:
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, under
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]]>Agencies
[Federal Register Volume 84, Number 220 (Thursday, November 14, 2019)]
[Notices]
[Pages 61965-61966]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-24749]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
[Docket Number FRA-1999-6253]
Petition for Waiver of Compliance
Under part 211 of title 49 Code of Federal Regulations (CFR), this
document provides the public notice that on October 31, 2019, the Utah
Transit Authority (UTA) petitioned the
[[Page 61966]]
Federal Railroad Administration (FRA) for a waiver of compliance from
certain provisions of the Federal railroad safety regulations contained
at 49 CFR parts 210, 217, 218, 219, 220, 221, 222, 223, 225, 228, 229,
231, 234, 238, 239, 240, 242, and 243. FRA assigned the petition Docket
Number FRA-1999-6253.
UTA, operator of the rail fixed guideway public transit system TRAX
in Salt Lake City, Utah, seeks an extension of the terms and conditions
of its current shared use waiver of compliance. TRAX is operated with
temporal separation on track owned by UTA and shared partially with
Utah Railway Company and Savage Bingham & Garfield Railroad Company
freight trains dispatched by UTA. FRA granted the original shared use
waiver on August 19, 1999, for the North-South line, modified on March
25, 2011, to include a portion of the Mid-Jordan extension with its
additional Siemens S70 rolling stock (77 vehicles). In 2015, FRA
renewed the previous waivers, granted relief from additional parts of
the CFR, and approved the change of shared use milepost limits on the
North-South Line to reflect the cessation of freight service south of
6100 South as part of the transit-exclusive Draper Extension.
Specifically, UTA requests FRA extend the regulatory relief in this
docket, noting it has recently retired and disposed of 29 Urban
Transportation Development Corporation (UTDC) vehicles acquired from
the Santa Clara Valley Transportation Authority. Also, UTA is now
requesting relief from part 243 for its light rail operators,
supervisors, controller supervisors, and light rail rolling stock
maintenance employees because training of these employees is already
addressed by the existing Utah Department of Transportation State
Safety Oversight Agency program certified by the Federal Transit
Administration. UTA Track/Signal and Train Control maintenance-of-way
employees will comply with part 243 because these employees also
perform work on FRA-compliant Frontrunner commuter service.
UTA states it will adopt specific policies and procedures that will
provide a level of safety equivalent to that provided by full
compliance with FRA regulations. Also, UTA states that ``unlike some
light rail systems operating under a shared use waiver, UTA owns the
entirety of the TRAX system and corridor, providing it control of the
entry of freight trains on the TRAX system.
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 Ave.
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 parties
desire an opportunity for oral comment and a public hearing, 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:
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 New Jersey Ave. SE, W12-140, Washington, DC 20590.
Hand Delivery: 1200 New Jersey Ave. SE, Room W12-140,
Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal Holidays.
Communications received by December 30, 2019 will be considered by
FRA before final action is taken. Comments received after that date
will be considered if practicable. 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.). Under 5 U.S.C. 553(c), DOT solicits
comments from the public to better inform its processes. 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 also https://www.regulations.gov/privacyNotice for the privacy notice of regulations.gov.
Issued in Washington, DC.
John Karl Alexy,
Associate Administrator for Railroad Safety, Chief Safety Officer.
[FR Doc. 2019-24749 Filed 11-13-19; 8:45 am]
BILLING CODE 4910-06-P
