Petition for Extension of Waiver of Compliance, 39681-39682 [2024-10179]

Download as PDF 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 VerDate Sep<11>2014 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 PO 00000 Frm 00103 Fmt 4703 Sfmt 4703 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 ddrumheller on DSK120RN23PROD with NOTICES1 39682 Federal Register / Vol. 89, No. 91 / Thursday, May 9, 2024 / Notices 241 (United States Locational Requirements for Dispatching of United States Rail Operations). The relevant Docket Number is FRA–2003–15010. Specifically, CPKC requests an extension of relief pursuant to 49 CFR 241.7(c), Fringe border dispatching, to allow the continuation of Canadian dispatching of three locations in the United States: (1) 1.8 miles of the Windsor Subdivision between Windsor, Ontario, Canada, and Detroit, Michigan, United States; 2 and (2) two track segments totaling 23.44 miles on the Newport Subdivision between Richford, Vermont, and East Richford, Vermont, United States, and between North Troy, Vermont, and Newport, Vermont, United States.3 CPKC notes that all locations are dispatched by the Operations Centre in Calgary, Alberta, Canada. In support of its request, CPKC states that ‘‘in the approximately twenty-one years since the original waiver was granted, CPKC has operated safely on the Windsor Subdivision and has operated safely on the Newport Subdivision since the acquisition of this territory in 2020.’’ CPKC adds that it ‘‘is not aware of any issues that have developed since the last waiver was granted.’’ 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 https:// 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 2 This section on the Windsor Subdivision is defined in appendix A to part 241, List of Lines Being Extraterritorially Dispatched in Accordance with the Regulations Contained in 49 CFR part 241, Revised as of October 1, 2002. 3 The track segments on the Newport Subdivision cross the U.S./Canada border at three separate locations. VerDate Sep<11>2014 17:17 May 08, 2024 Jkt 262001 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. 2024–10179 Filed 5–8–24; 8:45 am] BILLING CODE 4910–06–P DEPARTMENT OF TRANSPORTATION Federal Railroad Administration [Docket Number FRA–2003–15012] 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, Canadian National Railway Company (CN) 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 241 (United States Locational Requirements for Dispatching of United States Rail Operations). The relevant FRA Docket Number is FRA–2003– 15012.Specifically, CN requests an extension of relief pursuant to 49 CFR 241.7(c), Fringe border dispatching, to allow the continuation of Canadian dispatching of two locations in the United States: the portion of the Sprague Subdivision extending approximately 43.8 miles between Baudette and International Boundary, Minnesota, and the portion of the Strathroy Subdivision extending approximately 3.1 miles between Sarnia, Ontario, Canada, through the St. Clair River Tunnel, to Port Huron, Michigan.1 In support of its request, CN 1 Both of these locations are defined in appendix A to part 241, List of Lines Being Extraterritorially Dispatched in Accordance with the Regulations PO 00000 Frm 00104 Fmt 4703 Sfmt 4703 states that, since the initial waiver was granted, ‘‘each of these fringe border segments ha[ve] been regularly and safety dispatched from Canada’’ and this extension would allow CN to ‘‘continue what it has been safely doing for decades.’’ CN explains that changing dispatching to the United States on this section of the Sprague Subdivision ‘‘would introduce two [dispatching] hand-offs, given that the track only briefly enters the United States before re-entering Canada.’’ Additionally, in reference to the portion of track on the Strathroy Subdivision, CN states that grating the waiver extension ‘‘avoids any risk or safety concern associated with a [dispatching] hand-off in the middle of a single-track underwater tunnel.’’ 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 https:// 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), 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/ Contained in 49 CFR part 241, Revised as of October 1, 2002. E:\FR\FM\09MYN1.SGM 09MYN1

Agencies

[Federal Register Volume 89, Number 91 (Thursday, May 9, 2024)]
[Notices]
[Pages 39681-39682]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-10179]


-----------------------------------------------------------------------

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

[[Page 39682]]

241 (United States Locational Requirements for Dispatching of United 
States Rail Operations). The relevant Docket Number is FRA-2003-15010.
---------------------------------------------------------------------------

    \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.
---------------------------------------------------------------------------

    Specifically, CPKC requests an extension of relief pursuant to 49 
CFR 241.7(c), Fringe border dispatching, to allow the continuation of 
Canadian dispatching of three locations in the United States: (1) 1.8 
miles of the Windsor Subdivision between Windsor, Ontario, Canada, and 
Detroit, Michigan, United States; \2\ and (2) two track segments 
totaling 23.44 miles on the Newport Subdivision between Richford, 
Vermont, and East Richford, Vermont, United States, and between North 
Troy, Vermont, and Newport, Vermont, United States.\3\ CPKC notes that 
all locations are dispatched by the Operations Centre in Calgary, 
Alberta, Canada. In support of its request, CPKC states that ``in the 
approximately twenty-one years since the original waiver was granted, 
CPKC has operated safely on the Windsor Subdivision and has operated 
safely on the Newport Subdivision since the acquisition of this 
territory in 2020.'' CPKC adds that it ``is not aware of any issues 
that have developed since the last waiver was granted.''
---------------------------------------------------------------------------

    \2\ This section on the Windsor Subdivision is defined in 
appendix A to part 241, List of Lines Being Extraterritorially 
Dispatched in Accordance with the Regulations Contained in 49 CFR 
part 241, Revised as of October 1, 2002.
    \3\ The track segments on the Newport Subdivision cross the 
U.S./Canada border at three separate locations.
---------------------------------------------------------------------------

    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 https://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), 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. 2024-10179 Filed 5-8-24; 8:45 am]
BILLING CODE 4910-06-P
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.