Petition for Extension of Waiver of Compliance, 80377-80378 [2023-25442]

Download as PDF Federal Register / Vol. 88, No. 221 / Friday, November 17, 2023 / Notices I. Public Participation A. Viewing Comments To view comments go to www.regulations.gov. Insert the docket number (FMCSA–2014–0214, FMCSA– 2015–0116, FMCSA–2019–0030, FMCSA–2019–0031, FMCSA–2019– 0033, or FMCSA–2019–0034) in the keyword box and click ‘‘Search.’’ Next, sort the results by ‘‘Posted (NewerOlder),’’ choose the first notice listed, and click ‘‘Browse Comments.’’ If you do not have access to the internet, you may view the docket online by visiting Dockets Operations on the ground floor of the DOT West Building, 1200 New Jersey Avenue SE, Washington, DC 20590–0001, between 9 a.m. and 5 p.m. ET Monday through Friday, except Federal holidays. To be sure someone is there to help you, please call (202) 366– 9317 or (202) 366–9826 before visiting Dockets Operations. khammond on DSKJM1Z7X2PROD with NOTICES B. Privacy Act In accordance with 49 U.S.C. 31315(b)(6), DOT solicits comments from the public on the exemption request. 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 (Federal Docket Management System), which can be reviewed at https://www.transportation.gov/ individuals/privacy/privacy-act-systemrecords-notices, the comments are searchable by the name of the submitter. II. Background On October 5, 2023, FMCSA published a notice announcing its decision to renew exemptions for seven individuals from the epilepsy and seizure disorders prohibition in 49 CFR 391.41(b)(8) to operate a CMV in interstate commerce and requested comments from the public (88 FR 69285). The public comment period ended on November 6, 2023, and no comments were received. FMCSA has evaluated the eligibility of these applicants and determined that renewing these exemptions would likely achieve a level of safety that is equivalent to, or greater than, the level that would be achieved by complying with § 391.41(b)(8). The physical qualification standard for drivers regarding epilepsy found in § 391.41(b)(8) states that a person is physically qualified to drive a CMV if that person has no established medical history or clinical diagnosis of epilepsy or any other condition which is likely to cause the loss of consciousness or any loss of ability to control a CMV. VerDate Sep<11>2014 18:57 Nov 16, 2023 Jkt 262001 In addition to the regulations, FMCSA has published advisory criteria 1 to assist medical examiners in determining whether drivers with certain medical conditions are qualified to operate a CMV in interstate commerce. III. Discussion of Comments FMCSA received no comments in this proceeding. IV. Conclusion Based on its evaluation of the seven renewal exemption applications, FMCSA announces its decision to exempt the following drivers from the epilepsy and seizure disorders prohibition in § 391.41(b)(8). As of October 4, 2023, and in accordance with 49 U.S.C. 31136(e) and 31315(b), the following seven individuals have satisfied the renewal conditions for obtaining an exemption from the epilepsy and seizure disorders prohibition in the FMCSRs for interstate CMV drivers (88 FR 69287): Douglas Day (IN) Dennis Klamm (MN) Michael Miller (TX) Ryan Moore (NC) William Swann (MD) Tyler Tilseth (NM) Adam Wilson (MN) The drivers were included in docket numbers FMCSA–2014–0214, FMCSA–2015–0116, FMCSA–2019– 0030, FMCSA–2019–0031, FMCSA– 2019–0033, or FMCSA–2019–0034. Their exemptions were applicable as of October 4, 2023 and will expire on October 4, 2025. In accordance with 49 U.S.C. 31315(b), each exemption will be valid for 2 years from the effective date unless revoked earlier by FMCSA. The exemption will be revoked if the following occurs: (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 prior to being 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). Larry W. Minor, Associate Administrator for Policy. [FR Doc. 2023–25502 Filed 11–16–23; 8:45 am] BILLING CODE 4910–EX–P 1 These criteria may be found in APPENDIX A TO PART 391—MEDICAL ADVISORY CRITERIA, section H. Epilepsy: § 391.41(b)(8), paragraphs 3, 4, and 5, which is available on the internet at https:// www.gpo.gov/fdsys/pkg/CFR-2015-title49-vol5/pdf/ CFR-2015-title49-vol5-part391-appA.pdf. PO 00000 Frm 00109 Fmt 4703 Sfmt 4703 80377 DEPARTMENT OF TRANSPORTATION Federal Railroad Administration [Docket Number FRA–2010–0001] 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 by petitions dated June 22, 2023; August 7, 2023; and September 6, 2023, Santa Cruz, Big Trees & Pacific Railway (SCBG) 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 parts 215 (Railroad Freight Car Safety Standards) and 224 (Reflectorization of Rail Freight Rolling Stock). FRA assigned the petition Docket Number FRA–2010–0001. Specifically, SCBG requested a special approval pursuant to 49 CFR 215.203, Restricted cars, for a total of 8 flat cars 1 (SCBG 501–504 and SCBG 701–704) that are more than 50 years from the dates of original construction. SCBG also requested continued relief from § 215.303, Stenciling of restricted cars, and § 224.101, General requirements, to operate the cars in tourist/excursion service. In support of its request, SCBG stated that the cars will only be operated on SCBG track and a one-mile section of Union Pacific Railroad track. 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 at www.regulations.gov. Follow the online instructions for submitting comments. Communications are requested by January 16, 2024. Comments received after that date will be considered if 1 SCBG initially requested special approval and relief for 10 cars, but in its petition dated September 6, 2023, SCBG requested that two cars be removed from the petition. E:\FR\FM\17NON1.SGM 17NON1 80378 Federal Register / Vol. 88, No. 221 / Friday, November 17, 2023 / Notices practicable. FRA reserves the right to extend the existing relief subject to subsequent consideration of any comments submitted to the docket. 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), the U.S. Department of Transportation (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. 2023–25442 Filed 11–16–23; 8:45 am] BILLING CODE 4910–06–P DEPARTMENT OF TRANSPORTATION Federal Railroad Administration [Docket Number FRA–2023–0081] khammond on DSKJM1Z7X2PROD with NOTICES Petition for Waiver of Compliance Under part 211 of title 49 Code of Federal Regulations (CFR), this document provides the public notice that on September 18, 2023, Metrolink (SCAX); Alstom; Hallcon Corporation; and the International Association of Sheet Metal, Air, Rail and Transportation Workers (collectively, ‘‘Petitioners’’), 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 240 (Qualification and Certification of Locomotive Engineers) and part 242 (Qualification and Certification of Conductors). FRA assigned the petition Docket Number FRA–2023–0081. Specifically, Petitioners request relief required to participate in FRA’s Confidential Close Call Reporting System (C3RS) Program. Petitioners seek to shield reporting employees from mandatory punitive sanctions that would otherwise arise as provided in §§ 240.117(e)(1)–(4); 240.305(a)(1)–(4) and (a)(6); 240.307; 242.403(b), (c), (e)(1)–(4), (e)(6)–(11), (f)(1)–(2); and VerDate Sep<11>2014 18:57 Nov 16, 2023 Jkt 262001 242.407. The C3RS Program encourages certified operating crew members to report close calls and protects the employees and the railroad from discipline or sanctions arising from the incidents reported per the C3RS Implementing Memorandum of Understanding. 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 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 at www.regulations.gov. Follow the online instructions for submitting comments. Communications received by January 16, 2024 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. 2023–25444 Filed 11–16–23; 8:45 am] BILLING CODE 4910–06–P PO 00000 Frm 00110 Fmt 4703 Sfmt 4703 DEPARTMENT OF TRANSPORTATION Federal Railroad Administration [Docket Number FRA–2023–0083] Petition for Waiver of Compliance Under part 211 of title 49 Code of Federal Regulations (CFR), this document provides the public notice that on September 22, 2023, Alabama Gulf Coast Railroad Company with the International Association of Sheet Metal, Air, Rail and Transportation Workers (collectively, ‘‘Petitioners’’), 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 240 (Qualification and Certification of Locomotive Engineers) and part 242 (Qualification and Certification of Conductors). FRA assigned the petition Docket Number FRA–2023–0083. Specifically, Petitioners request relief required to participate in FRA’s Confidential Close Call Reporting System (C3RS) Program. Petitioners seek to shield reporting employees from mandatory punitive sanctions that would otherwise arise as provided in §§ 240.117(e)(1)–(4); 240.305(a)(1)–(4) and (a)(6); 240.307; 242.403(b), (c), (e)(1)–(4), (e)(6)–(11), (f)(1)–(2); and 242.407. The C3RS Program encourages certified operating crew members to report close calls and protects the employees and the railroad from discipline or sanctions arising from the incidents reported per the C3RS Implementing Memorandum of Understanding. 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 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 at www.regulations.gov. Follow the online instructions for submitting comments. Communications received by January 16, 2024 will be considered by FRA before final action is taken. Comments E:\FR\FM\17NON1.SGM 17NON1

Agencies

[Federal Register Volume 88, Number 221 (Friday, November 17, 2023)]
[Notices]
[Pages 80377-80378]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-25442]


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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket Number FRA-2010-0001]


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 by petitions dated June 22, 
2023; August 7, 2023; and September 6, 2023, Santa Cruz, Big Trees & 
Pacific Railway (SCBG) 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 parts 215 (Railroad Freight Car Safety Standards) and 224 
(Reflectorization of Rail Freight Rolling Stock). FRA assigned the 
petition Docket Number FRA-2010-0001.
    Specifically, SCBG requested a special approval pursuant to 49 CFR 
215.203, Restricted cars, for a total of 8 flat cars \1\ (SCBG 501-504 
and SCBG 701-704) that are more than 50 years from the dates of 
original construction. SCBG also requested continued relief from Sec.  
215.303, Stenciling of restricted cars, and Sec.  224.101, General 
requirements, to operate the cars in tourist/excursion service. In 
support of its request, SCBG stated that the cars will only be operated 
on SCBG track and a one-mile section of Union Pacific Railroad track.
---------------------------------------------------------------------------

    \1\ SCBG initially requested special approval and relief for 10 
cars, but in its petition dated September 6, 2023, SCBG requested 
that two cars be removed from the petition.
---------------------------------------------------------------------------

    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 at www.regulations.gov. 
Follow the online instructions for submitting comments.
    Communications are requested by January 16, 2024. Comments received 
after that date will be considered if

[[Page 80378]]

practicable. FRA reserves the right to extend the existing relief 
subject to subsequent consideration of any comments submitted to the 
docket.
    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), the U.S. Department of Transportation (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. 2023-25442 Filed 11-16-23; 8:45 am]
BILLING CODE 4910-06-P

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