Petition for Waiver of Compliance, 39681 [2024-10178]
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Federal Register / Vol. 89, No. 91 / Thursday, May 9, 2024 / Notices
ddrumheller on DSK120RN23PROD with NOTICES1
IV. Public Comments
On February 23, 2023, FMCSA
published notice of the Pitt Ohio
application and requested public
comments (88 FR 11504). The Agency
was seeking comment on whether this
exemption should be limited to Pitt
Ohio, or whether it should be drafted to
apply to any SDAP program
participating motor carrier that is
currently listed as a certified training
provider for purposes of the FMCSRs, or
that enters into a partnership with a
certified training provider. On this
question, one individual responded, ‘‘I
am all for this plan, so long as you make
the training program universal for
everyone.’’ The Agency received a total
of 23 comments: 4 supporting the
exemption request, 16 opposing it, and
the other 3 taking no position either for
or against. Joint comments filed by the
Truck Safety Coalition, Citizens for
Reliable and Safe Highways (CRASH),
and Parents Against Tired Truckers
(PATT) stated ‘‘Pitt-Ohio(sic) Express,
LLC has not met the measure of
evidence required to prove an
equivalent or greater level of safety in its
exemption application. They only
request that FMCSA dilute the program
requirements in misplaced efforts to
make it easier to attract under-21
drivers.’’ Edward Richard opposed the
application and stated ‘‘allowing them
to put more immature drivers on the
road is just wrong and unsafe.’’ AWM
Associates, LLC also opposed, noting
that ‘‘until Pitt-Ohio(sic) is an approved
CDL training provider on the FMCSA’s
Training Provider Registry (TPR) its
petition must be denied.’’ Those in
support commented that the Pitt Ohio
request should be made universal for
everyone, that age should not matter,
and that the Agency should use great
caution in implementing the exemption
should it be granted.
V. FMCSA’s Decision
FMCSA has evaluated Pitt Ohio’s
application and the filed comments and
finds that there is insufficient basis to
conclude that the exemption would
likely achieve a level of safety
equivalent to, or greater than, the level
achieved without the exemption. The
SDAP’s purpose is to determine whether
there are conditions where safety data
indicate younger drivers (18- to 20-yearolds) might be allowed to operate CMVs.
Congress authorized SDAP, opening the
pilot to those 18- to 20-year-olds who
hold a CDL, not a CLP. In addition,
granting the Pitt Ohio exemption could
potentially put young and
inexperienced drivers in a position of
high responsibility, potentially exposing
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17:17 May 08, 2024
Jkt 262001
them and surrounding drivers to crashes
and incidents involving CMVs. The
Agency therefore believes that Pitt
Ohio’s prospective apprentice CLP
drivers should not be legally permitted
to operate CMVs in interstate commerce
if less than 21 years of age.
For the above reasons, FMCSA denies
Pitt Ohio’s exemption application.
Sue Lawless,
Acting Deputy Administrator.
[FR Doc. 2024–10077 Filed 5–8–24; 8:45 am]
BILLING CODE 4910–EX–P
DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
[Docket Number FRA–2024–0043]
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 13, 2024, Rapid City,
Pierre & Eastern Railroad 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–2024–0043.
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
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39681
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 July 8,
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. 2024–10178 Filed 5–8–24; 8:45 am]
BILLING CODE 4910–06–P
DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
[Docket Number FRA–2003–15010]
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 February 28, 2024, CPKC 1
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
1 On April 14, 2023, Canadian Pacific Railway
Company (CP) and Kansas City Southern (KCS)
combined to create a single railway company doing
business under the trademark CPKC. The original
waiver in this docket was granted to CP.
E:\FR\FM\09MYN1.SGM
09MYN1
]]>Agencies
[Federal Register Volume 89, Number 91 (Thursday, May 9, 2024)]
[Notices]
[Page 39681]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-10178]
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DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
[Docket Number FRA-2024-0043]
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 13, 2024, Rapid City,
Pierre & Eastern Railroad 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-2024-0043.
Specifically, Petitioners request relief required to participate in
FRA's Confidential Close Call Reporting System (C\3\RS) Program.
Petitioners seek to shield reporting employees from mandatory punitive
sanctions that would otherwise arise as provided in Sec. Sec.
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 C\3\RS
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 C\3\RS
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 July 8, 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. 2024-10178 Filed 5-8-24; 8:45 am]
BILLING CODE 4910-06-P
