Federal Register/Vol. 83, No. 154
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39500 Federal Register / Vol. 83, No. 154 / Thursday, August 9, 2018 / Notices threat of a release of oil and other weight, or State/Federal registration and Legal Basis and Background hazardous materials. The applicants are tax requirements. • Under 49 United States Code (U.S.C.) requesting relief from this regulation The applicants understand the 5112, sections (a)(2) and (b), States and with the following conditions: concepts of risk management and • Tribal governments are permitted to On-duty period would not exceed mitigation. designate and limit highway routes over • The applicants maintain a 4.5 additional hours for initial response; which hazardous materials (HM) may be • Any driver who exceeds the 14- multitude of safety, security, annual transported, provided the State or Tribal hour period would in no case exceed a medical surveillance, and training government complies with standards total of 8 hours drive time; plans, as well as comprehensive drug prescribed by the Secretary of • Drivers would not exceed 70 hours and alcohol programs compliant with Transportation (the Secretary) and on duty in 8 days; multiple DOT departments. • Drivers would be required to take • Robust preventative maintenance meets publication requirements in 10 hours off duty, subsequent to the programs specific to the equipment are section 5112(c). To establish standards duty day; and in place with each of the requesting under section (b), the Secretary must • All activities would be subject to applicants. consult with the States, and, under the electronic logging device (ELD) rule. The applicants believe an equivalent section (c), coordinate with the States to According to the applicants, there level of safety will be achieved if their ‘‘update and publish periodically’’ a list would be a significant challenge in drivers/companies are exempt from the of currently effective HM highway responding to environmental requirements as described in this notice. routing designations and restrictions. emergencies if the exemption was not The requested exemption is for 5 years. The requirements that States and Tribal granted. The initial response hours are A copy of the application for exemption governments must follow to establish, the most critical in an environmental is available for review in the docket for maintain, or enforce routing emergency and the ability to quickly this notice. designations for the transport of placardable quantities of NRHMs are set respond is vital. They believe that a Issued on: August 2, 2018. tightly managed exemption actually forth in title 49 of the Code of Federal Larry W. Minor, provides a risk averse situation by Regulations (CFR) part 397, subpart C. Associate Administrator for Policy. discouraging potentially unmanaged Subpart D of part 397 sets forth the risk taking. If the exemption is not [FR Doc. 2018–17062 Filed 8–8–18; 8:45 am] requirements for designating preferred granted, there could be a disruption of BILLING CODE 4910–EX–P routes for HRCQ/RAM shipments as an nation/regional commerce activities, alternative, or in addition, to Interstate including power restoration activities System highways. For HRCQ/RAM DEPARTMENT OF TRANSPORTATION and protection of interstate commerce shipments, section 397.101(b)(1) defines a preferred route as an Interstate and infrastructure. Granting the Federal Motor Carrier Safety Highway for which no alternative route exemption would mitigate public Administration transportation disruptions, much as tow is designated by the State, a route trucks do when moving wrecked or National Hazardous Materials Route specifically designated by the State, or disabled vehicles under 49 CFR Registry both. (See section 397.65 for the 390.23(a)(ii)(3). definition of ‘‘NRHM’’ and ‘‘routing AGENCY: Federal Motor Carrier Safety designations.’’) IV. Method To Ensure an Equivalent or Administration (FMCSA), Department Under a delegation from the Greater Level of Safety of Transportation (DOT). Secretary,1 FMCSA has authority to The applicants believe that the ACTION: Notice; revisions to the listing of implement 49 U.S.C. 5112. proposed relief, and the parameters in designated and restricted routes for Currently, 49 CFR 397.73 establishes which their drivers operate, would hazardous materials. public information and reporting continue to provide the highest level of requirements for NRHM. States or Tribal SUMMARY: This notice provides revisions safety and compliance, while prudently governments are required to furnish to the National Hazardous Materials responding to incidents that threaten information regarding any new or Route Registry (NHMRR) reported to the public safety and the environment. changed routes to FMCSA within 60 FMCSA as of March 31, 2018. The Safety is always the primary objective days after establishment. Under 49 CFR NHMRR is a listing, as reported by and guiding principle of all of the 397.103, a State routing designation for States and Tribal governments, of all applicant’s business activities as HRCQ/RAM routes (preferred routes) as designated and restricted roads and demonstrated by the following: an alternative, or in addition, to an • All applicants have specific policies preferred highway routes for Interstate System highway, is effective on ‘‘fatigue and journey management.’’ transportation of highway route when the authorized routing agency • Health and safety is paramount for controlled quantities (HRCQ) of Class 7 provides FMCSA with written all operations dealing with radioactive materials (RAM) (HRCQ/ notification, FMCSA acknowledges environmental emergencies and would RAM) and non-radioactive hazardous receipt in writing, and the route is remain the case when utilizing the materials (NRHMs). published in FMCSA’s National exemption. DATES: Applicable date: August 9, 2018. Hazardous Material Route Registry. The • Drivers who utilize this exemption FOR FURTHER INFORMATION CONTACT: Mr. Office of Management and Budget has may come back into compliance and Vincent Babich (202) 366–4871, or approved these collections of restart the computation of maximum [email protected], Hazardous information under control number driving time only after 10 hours off duty Materials Division, Office of 2126–0014, Transportation of which starts at the end of their extended Enforcement and Compliance, Federal Hazardous Materials, Highway Routing. hours period. Motor Carrier Safety Administration, In this notice, FMCSA is merely • The exemption would not exempt 1200 New Jersey Ave. SE, Washington, performing the ministerial function of drivers/carriers from the requirements DC 20590. Office hours are from 9 a.m. updating and publishing the NHMRR relating to the CDL, drug/alcohol to 5 p.m., ET., Monday through Friday, testing, hazardous materials, size and except for Federal holidays. 1 49 CFR 1.87(d)(2). VerDate Sep<11>2014 18:11 Aug 08, 2018 Jkt 244001 PO 00000 Frm 00099 Fmt 4703 Sfmt 4703 E:\FR\FM\09AUN1.SGM 09AUN1 sradovich on DSK3GMQ082PROD with NOTICES Federal Register / Vol. 83, No. 154 / Thursday, August 9, 2018 / Notices 39501 based on input from its State and Tribal is also available on the internet at the Route Order Designator ‘‘A13P–2.0– partners under 49 U.S.C. 5112(c)(1). FMCSA’s website at: https:// M1’’ is removed. Accordingly, this notice serves only to www.fmcsa.dot.gov/regulations/ Route Order Designator ‘‘A13P–2.0– provide the most recent revisions to the hazardous-materials/national- M2’’ is removed. NHMRR; it does not establish any new hazardous-materials-route-registry- Route Order Designator ‘‘A14P–2.0– public information and reporting state. The removal of this information M1’’ is removed. requirements. from the NHMRR eliminates the presentation of redundant information Route Order Designator ‘‘B’’ is Updates to the NHMRR and will streamline the future removed. FMCSA published the full NHMRR in maintenance and update of the NHMRR. Route Order Designator ‘‘C1’’ is a Federal Register Notice on April 29, Table 2—California—Designated HRCQ/ removed. 2015 (80 FR 23859). Since publication RAM routes Route Order Designator ‘‘C2’’ is of the 2015 notice, FMCSA published Route Order Designator ‘‘A’’ is removed. one update to the NHMRR in a Federal revised. The FMCSA Quality Assurance Route Order Designator ‘‘C3’’ is Register Notice on August 8, 2016 (81 (QA) Comment is removed. removed. FR 52518). Route Order Designator ‘‘B1’’ is Route Order Designator ‘‘D’’ is This notice provides revisions to the revised. The FMCSA QA Comment is removed. NHMRR, reported to the FMCSA from removed. August 8, 2016 through March 31, 2018. Route Order Designator ‘‘B3’’ is Table 4.—Pennsylvania—Restricted HM The revisions to the NHMRR listings in revised to correct an editorial error. Routes this notice supersede and replace Route Order Designator ‘‘B5’’ is Route Order Designators ‘‘E’’, ‘‘F’’, corresponding NHMRR listings revised. ‘‘G’’, and ‘‘P’’ are revised to provide the published in the April 29, 2015 notice Route Order Designator ‘‘B5B’’ is current internet address for the and corresponding revisions to the added and assigned a ‘‘P’’ designation. Pennsylvania Turnpike website. NHMRR listings published in the Route Order Designator ‘‘B5B–1.0’’ is Table 5.—Virginia—Restricted HM August 8, 2016 notice. Continue to refer added and assigned a ‘‘P’’ designation. routes Route Order Designator ‘‘B5B–2.0’’ is to the April 29, 2015 notice for Route Order Designators ‘‘D’’, ‘‘E’’, additional background on the NHMRR added and assigned a ‘‘P’’ designation. Table 3.—California—Designated ‘‘F’’,