Petition for Waiver of Compliance, 21433-21434 [2021-08386]
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Federal Register / Vol. 86, No. 76 / Thursday, April 22, 2021 / Notices
has satisfied the renewal conditions for
obtaining an exemption from the
epilepsy and seizure disorders
prohibition. The 11 drivers in this
notice remain in good standing with the
Agency, have maintained their medical
monitoring and have not exhibited any
medical issues that would compromise
their ability to safely operate a CMV
during the previous 2-year exemption
period. In addition, for Commercial
Driver’s License (CDL) holders, the
Commercial Driver’s License
Information System and the Motor
Carrier Management Information System
are searched for crash and violation
data. For non-CDL holders, the Agency
reviews the driving records from the
State Driver’s Licensing Agency. These
factors provide an adequate basis for
predicting each driver’s ability to
continue to safely operate a CMV in
interstate commerce. Therefore, FMCSA
concludes that extending the exemption
for each renewal applicant for a period
of 2 years is likely to achieve a level of
safety equal to that existing without the
exemption.
As of April 30, 2021, and in
accordance with 49 U.S.C. 31136(e) and
31315(b), the following 11 individuals
have satisfied the renewal conditions for
obtaining an exemption from the
epilepsy and seizure disorders
prohibition in the FMCSRs for interstate
CMV drivers:
Kevin Addington (PA)
Ryan Babler (WI)
Mark Beery (OH)
Jose Cabrera (CA)
Miodrag Djukanovic (IL)
Bradley Hollister (PA)
Sheldon Martin (NY)
Larry Nicholson (NC)
Edgar Snapp (IN)
Michael Shumake (VA)
Daniel Zielinski (OR)
The drivers were included in docket
number FMCSA–2014–0379, FMCSA–
2014–0382, FMCSA–2016–0008,
FMCSA–2016–0011, FMCSA–2016–
0313, FMCSA–2018–0054, and FMCSA–
2018–0057. Their exemptions are
applicable as of April 30, 2021, and will
expire on April 30, 2023.
V. Conditions and Requirements
The exemptions are extended subject
to the following conditions: (1) Each
driver must remain seizure-free and
maintain a stable treatment during the
2-year exemption period; (2) each driver
must submit annual reports from their
treating physicians attesting to the
stability of treatment and that the driver
has remained seizure-free; (3) each
driver must undergo an annual medical
examination by a certified ME, as
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19:20 Apr 21, 2021
Jkt 253001
defined by § 390.5; and (4) each driver
must provide a copy of the annual
medical certification to the employer for
retention in the driver’s qualification
file, or keep a copy of his/her driver’s
qualification file if he/she is selfemployed. The driver must also have a
copy of the exemption when driving, for
presentation to a duly authorized
Federal, State, or local enforcement
official. The exemption will be
rescinded 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(e) and
31315(b).
VI. Preemption
During the period the exemption is in
effect, no State shall enforce any law or
regulation that conflicts with this
exemption with respect to a person
operating under the exemption.
VII. Conclusion
Based on its evaluation of the 11
exemption applications, FMCSA renews
the exemptions of the aforementioned
drivers from the epilepsy and seizure
disorders prohibition in § 391.41(b)(8).
In accordance with 49 U.S.C. 31136(e)
and 31315(b), each exemption will be
valid for 2 years unless revoked earlier
by FMCSA.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2021–08341 Filed 4–21–21; 8:45 am]
BILLING CODE 4910–EX–P
DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
[Docket Number FRA–2021–0043]
Petition for Waiver of Compliance
Under part 211 of title 49 of the Code
of Federal Regulations (CFR), this
provides the public notice that by letter
dated March 31, 2021, Denver Transit
Operators (DTO) 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
236, Rules, Standards, and Instructions
Governing the Installation, Inspection,
Maintenance, and Repair of Signal and
Train Control Systems, Devices, and
Appliances. FRA assigned the petition
Docket Number FRA–2021–0043.
Specifically, DTO seeks relief from
the 2-year periodic testing requirements
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Fmt 4703
Sfmt 4703
21433
in 49 CFR 236.377, Approach locking;
49 CFR 236.378, Time locking; 49 CFR
236.379, Route locking; 49 CFR 236.380,
Indication locking; and 49 CFR 236.381,
Traffic locking. DTO also requests relief
from the 1-year periodic testing period
of 49 CFR 236.109, Time releases,
timing relays, and timing devices, on all
vital microprocessor-based systems.
DTO states that all control points and
other locations are controlled by solidstate vital microprocessor-based
systems, which utilize programmed
logic equations in lieu of relays or other
mechanical components for control of
both vital and non-vital functions. DTO
further states that the logic does not
change once a microprocessor-based
system has been tested and that locking
tests are documented on installation.
A copy of the petition, as well as any
written communications concerning the
petition, is available for review online at
www.regulations.gov.
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:
• 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
(DOT), 1200 New Jersey Ave. SE, W12–
140, Washington, DC 20590.
Communications received by June 7,
2021 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
E:\FR\FM\22APN1.SGM
22APN1
21434
Federal Register / Vol. 86, No. 76 / Thursday, April 22, 2021 / Notices
be reviewed at www.dot.gov/privacy.
See also https://www.regulations.gov/
privacy-notice for the privacy notice of
regulations.gov.
Issued in Washington, DC.
John Karl Alexy,
Associate Administrator for Railroad Safety,
Chief Safety Officer.
[FR Doc. 2021–08386 Filed 4–21–21; 8:45 am]
BILLING CODE 4910–06–P
DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
[Docket Number FRA–2005–21613]
Petition for Extension of Waiver of
Compliance
Under part 211 of title 49 Code of
Federal Regulations (CFR), this
document provides the public notice
that on April 8, 2021, the Association of
American Railroads (AAR), on behalf of
itself and its member railroads,
petitioned the Federal Railroad
Administration (FRA) for an extension
of a waiver of compliance from certain
provisions of the Federal railroad safety
regulations contained at 49 CFR part
229, Railroad Locomotive Safety
Standards. The relevant FRA Docket
Number is FRA–2005–21613.
Specifically, AAR requests an
extension of the relief granted from 49
CFR 229.29, Air brake system
calibration, maintenance, and testing,
applicable to New York Air Brake CCB–
1, CCB–2, and CCB–26; Wabtec Railway
Electronics EPIC–3102D2 and EPIC–2;
and FastBrake electronic air brake
systems, for the extension of time
intervals for level two and level three
locomotive air brake system
maintenance. AAR states that
throughout the history of this waiver,
several test committees, made up of
representatives from industry, labor,
and FRA, were formed to study air brake
systems. AAR notes that FRA may
propose codifying provisions of this
waiver in the future. Additionally, AAR
requests that FRA grant a unified
extension to all AAR member railroads
that are currently participating in this
waiver.
A copy of the petition, as well as any
written communications concerning the
petition, is available for review online at
www.regulations.gov.
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
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19:20 Apr 21, 2021
Jkt 253001
hearing. If any interested party desires
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
(DOT), 1200 New Jersey Ave. SE, W12–
140, Washington, DC 20590.
Communications received by June 7,
2021 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/
privacy-notice for the privacy notice of
regulations.gov.
Issued in Washington, DC.
John Karl Alexy,
Associate Administrator for Railroad Safety
Chief Safety Officer.
[FR Doc. 2021–08385 Filed 4–21–21; 8:45 am]
BILLING CODE 4910–06–P
DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
[Docket Number FRA–2021–0031]
Petition for Waiver of Compliance
Under part 211 of title 49 Code of
Federal Regulations (CFR), this
document provides the public notice
that on March 9, 2021, Union Pacific
Railroad Company (UPRR) petitioned
the Federal Railroad Administration
(FRA) for a waiver of compliance from
certain provisions of the Federal
railroad safety regulations contained at
49 CFR parts 215, Railroad Freight Car
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Frm 00167
Fmt 4703
Sfmt 4703
Safety Standards, and 232, Brake
System Safety Standards for Freight and
Other Non-Passenger Trains and
Equipment; End-Of-Train Devices. FRA
assigned the petition Docket Number
FRA–2021–0031.
Specifically, UPRR requests relief
from 49 CFR 215.13, Pre-departure
inspection, which requires an
inspection when combining two
separate consists including one or more
cars and one or more locomotives that
have been properly inspected and tested
in compliance with all applicable
regulations, meaning that both consists
have had a Class I brake test (§ 232.205),
Class IA brake test (§ 232.207), or have
been designated as extended haul trains
and are compliant with all requirements
of § 232.213. UPRR states that the
requested relief will allow combining
two existing and operating trains
without additional inspections, besides
a Class III brake test. It further states that
the relief will allow subsequent
separation of two trains without
additional inspections, besides a Class
III brake test, provided that a record of
the original consist remains intact.
A copy of the petition, as well as any
written communications concerning the
petition, is available for review online at
www.regulations.gov.
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 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
(DOT), 1200 New Jersey Ave. SE, W12–
140, Washington, DC 20590.
Communications received by June 7,
2021 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
E:\FR\FM\22APN1.SGM
22APN1
Agencies
[Federal Register Volume 86, Number 76 (Thursday, April 22, 2021)]
[Notices]
[Pages 21433-21434]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-08386]
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DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
[Docket Number FRA-2021-0043]
Petition for Waiver of Compliance
Under part 211 of title 49 of the Code of Federal Regulations
(CFR), this provides the public notice that by letter dated March 31,
2021, Denver Transit Operators (DTO) 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
236, Rules, Standards, and Instructions Governing the Installation,
Inspection, Maintenance, and Repair of Signal and Train Control
Systems, Devices, and Appliances. FRA assigned the petition Docket
Number FRA-2021-0043.
Specifically, DTO seeks relief from the 2-year periodic testing
requirements in 49 CFR 236.377, Approach locking; 49 CFR 236.378, Time
locking; 49 CFR 236.379, Route locking; 49 CFR 236.380, Indication
locking; and 49 CFR 236.381, Traffic locking. DTO also requests relief
from the 1-year periodic testing period of 49 CFR 236.109, Time
releases, timing relays, and timing devices, on all vital
microprocessor-based systems.
DTO states that all control points and other locations are
controlled by solid-state vital microprocessor-based systems, which
utilize programmed logic equations in lieu of relays or other
mechanical components for control of both vital and non-vital
functions. DTO further states that the logic does not change once a
microprocessor-based system has been tested and that locking tests are
documented on installation.
A copy of the petition, as well as any written communications
concerning the petition, is available for review online at
www.regulations.gov.
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:
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 (DOT), 1200 New Jersey Ave. SE, W12-140, Washington, DC
20590.
Communications received by June 7, 2021 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
[[Page 21434]]
be reviewed at www.dot.gov/privacy. See also https://www.regulations.gov/privacy-notice for the privacy notice of
regulations.gov.
Issued in Washington, DC.
John Karl Alexy,
Associate Administrator for Railroad Safety, Chief Safety Officer.
[FR Doc. 2021-08386 Filed 4-21-21; 8:45 am]
BILLING CODE 4910-06-P