60-day FR

60-day FR for Waiver and Exemption Requirements.pdf

Waiver and Exemption Requirements

60-day FR

OMB: 2126-0076

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Federal Register / Vol. 86, No. 155 / Monday, August 16, 2021 / Notices
indicated under the DATES section of the
notice.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2021–17419 Filed 8–13–21; 8:45 am]
BILLING CODE 4910–EX–P

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[Docket No. FMCSA–2021–0107]

Agency Information Collection
Activities; Approval of a New
Information Collection; Waiver and
Exemption Requirements
Federal Motor Carrier Safety
Administration (FMCSA), DOT.
ACTION: Notice and request for
comments.
AGENCY:

In accordance with the
Paperwork Reduction Act of 1995, the
Federal Motor Carrier Safety
Administration (FMCSA) announces its
plan to submit the Information
Collection Request (ICR) described
below to the Office of Management and
Budget (OMB) for its review and
approval and invites public comment.
This notice invites comment on a new
information collection titled ‘‘Waiver
and Exemption Requirements’’. The ICR
estimates the burden applicants incur to
comply with the reporting tasks
required for requesting waivers and
exemptions. FMCSA has not previously
accounted for these burdens.
DATES: We must receive your comments
on or before October 15, 2021.
ADDRESSES: You may submit comments
identified by Federal Docket
Management System (FDMS) Docket
Number FMCSA–2021–0107 using any
of the following methods:
• Federal eRulemaking Portal: http://
www.regulations.gov. Follow the online
instructions for submitting comments.
• Fax: 1–202–493–2251.
• Mail: Docket Operations; U.S.
Department of Transportation, 1200
New Jersey Avenue SE, West Building,
Ground Floor, Room W12–140,
Washington, DC 20590–0001.
• Hand Delivery or Courier: U.S.
Department of Transportation, 1200
New Jersey Avenue SE, West Building,
Ground Floor, Room W12–140,
Washington, DC 20590–0001 between 9
a.m. and 5 p.m. e.t., Monday through
Friday, except Federal holidays.
Instructions: All submissions must
include the Agency name and docket
number. For detailed instructions on
submitting comments, see the Public

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Participation heading below. Note that
all comments received will be posted
without change to http://
www.regulations.gov, including any
personal information provided. Please
see the Privacy Act heading below.
Docket: For access to the docket to
read background documents or
comments received, go to http://
www.regulations.gov, and follow the
online instructions for accessing the
dockets, or go to the street address listed
above.
Privacy Act: In accordance with 5
U.S.C. 553(c), DOT solicits comments
from the public to better inform its
rulemaking process. 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 www.dot.gov/privacy.
Public Participation: The Federal
eRulemaking Portal is available 24
hours each day, 365 days each year. You
can obtain electronic submission and
retrieval help and guidelines under the
‘‘help’’ section of the Federal
eRulemaking Portal website. If you want
us to notify you that we received your
comments, please include a selfaddressed, stamped envelope or
postcard, or print the acknowledgement
page that appears after submitting
comments online. Comments received
after the comment closing date will be
included in the docket and will be
considered to the extent practicable.
FOR FURTHER INFORMATION CONTACT:
Pearlie Robinson, Driver and Carrier
Operations Division, DOT, FMCSA,
West Building 6th Floor, 1200 New
Jersey Avenue SE, Washington, DC
20590. Telephone: 202–366–4225.
Email: [email protected]. Office hours
are from 9 a.m. to 5 p.m., Monday
through Friday, except Federal
Holidays.
SUPPLEMENTARY INFORMATION:
Background: In 1998, the Federal
Highway Administration (FHWA), the
predecessor agency of FMCSA, adopted
49 CFR part 381 as an interim final rule
(IFR), establishing procedures for
applying for waivers, exemptions, and
pilot programs (63 FR 67600, December
8, 1998). Section 4007 of the
Transportation Equity Act for the 21st
Century (TEA–21) amended 49 U.S.C.
31315 and 31136(e) to provide authority
to the Secretary of Transportation to
grant waivers and exemptions from
motor carrier safety regulations. Section
4007 of TEA–21 requires that the terms
and conditions for all waivers and
exemptions likely achieve a level of
safety equivalent to or greater than what

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would be achieved by complying with
the safety regulations. In 2004, FMCSA
adopted its IFR as final at 49 CFR part
381, consistent with section 4007 of
TEA–21 (69 FR 51589, August 20, 2004).
The final rule also established
procedures that govern how FMCSA
reviews, grants, or denies requests for
waivers and applications for
exemptions. The final rule included
requirements for publishing notice of
exemption applications in the Federal
Register to afford the public an
opportunity for comment. There is no
statutory requirement to publish
Federal Register notices concerning
waiver applications.
When the waiver and exemption
provisions were first adopted, FHWA
stated that it would ‘‘consider the
information collection requirements for
each waiver, exemption, and pilot
program and, if necessary, request
approval from the Office of Management
and Budget for any special
recordkeeping requirements associated
with the waiver, exemption, or pilot
program.’’ (63 FR 67608). FMCSA
included a similar statement when
finalizing its IFR in 2004 (69 FR 51597).
Recently, FMCSA determined that it
now receives a sufficient number of
waiver and exemption requests per year
to require OMB approval.
Title: Waiver and Exemption
Requirements.
OMB Control No.: To be determined
by OMB upon OMB approval of the ICR.
Type of Request: New information
collection.
Respondents: States, State Drivers
Licensing Authorities, individuals, and
motor carriers.
Estimated Number of Respondents:
131 per year.
Estimated Time per Response: 2
minutes to 2 hours.
Expiration Date: This is a new
information collection.
Frequency of Response: On occasion
(respondents are not required to submit
requests for waivers or exemptions).
Estimated Total Annual Burden: 95
burden hours.
Public Comments Invited: You are
asked to comment on any aspect of this
information collection, including: (1)
Whether the proposed collection is
necessary for the performance of
FMCSA’s functions; (2) the accuracy of
the estimated burden; (3) ways for the
FMCSA to enhance the quality,
usefulness, and clarity of the collected
information; and (4) ways that the
burden could be minimized without
reducing the quality of the collected
information.

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Federal Register / Vol. 86, No. 155 / Monday, August 16, 2021 / Notices

The agency will summarize or include
your comments in the request for OMB’s
clearance of this information collection.
Thomas P. Keane,
Associate Administrator, Office of Research
and Registration.
[FR Doc. 2021–17418 Filed 8–13–21; 8:45 am]
BILLING CODE 4910–EX–P

DEPARTMENT OF TRANSPORTATION
Maritime Administration
[Docket No. MARAD–2021–0159]

FOR FURTHER INFORMATION CONTACT:

Coastwise Endorsement Eligibility
Determination for a Foreign-Built
Vessel: SOLEIL (Motor); Invitation for
Public Comments
Maritime Administration,
Transportation (DOT).
ACTION: Notice.
AGENCY:

The Secretary of
Transportation, as represented by the
Maritime Administration (MARAD), is
authorized to issue coastwise
endorsement eligibility determinations
for foreign-built vessels which will carry
no more than twelve passengers for hire.
A request for such a determination has
been received by MARAD. By this
notice, MARAD seeks comments from
interested parties as to any effect this
action may have on U.S. vessel builders
or businesses in the U.S. that use U.S.flag vessels. Information about the
requestor’s vessel, including a brief
description of the proposed service, is
listed below.
DATES: Submit comments on or before
September 15, 2021.
ADDRESSES: You may submit comments
identified by DOT Docket Number
MARAD–2021–0159 by any one of the
following methods:
• Federal eRulemaking Portal: Go to
http://www.regulations.gov. Search
MARAD–2021–0159 and follow the
instructions for submitting comments.
• Mail or Hand Delivery: Docket
Management Facility is in the West
Building, Ground Floor of the U.S.
Department of Transportation. The
Docket Management Facility location
address is: U.S. Department of
Transportation, MARAD–2021–0159,
1200 New Jersey Avenue SE, West
Building, Room W12–140, Washington,
DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except on
Federal holidays.
Note: If you mail or hand-deliver your
comments, we recommend that you
include your name and a mailing
address, an email address, or a
telephone number in the body of your

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document so that we can contact you if
we have questions regarding your
submission.
Instructions: All submissions received
must include the agency name and
specific docket number. All comments
received will be posted without change
to the docket at www.regulations.gov,
including any personal information
provided. For detailed instructions on
submitting comments, or to submit
comments that are confidential in
nature, see the section entitled Public
Participation.
James Mead, U.S. Department of
Transportation, Maritime
Administration, 1200 New Jersey
Avenue SE, Room W23–459,
Washington, DC 20590. Telephone 202–
366–5723, Email [email protected].
SUPPLEMENTARY INFORMATION: As
described in the application, the
intended service of the vessel SOLEIL
is:
—Intended Commercial Use of Vessel:
‘‘Passenger vessel for hire.’’
—Geographic Region Including Base of
Operations: ‘‘Washington, Alaska.’’
(Base of Operations: Bellevue, WA)
—Vessel Length and Type: 84′ Motor
The complete application is available
for review identified in the DOT docket
as MARAD 2021–0159 at http://
www.regulations.gov. Interested parties
may comment on the effect this action
may have on U.S. vessel builders or
businesses in the U.S. that use U.S.-flag
vessels. If MARAD determines, in
accordance with 46 U.S.C. 12121 and
MARAD’s regulations at 46 CFR part
388, that the employment of the vessel
in the coastwise trade to carry no more
than 12 passengers will have an unduly
adverse effect on a U.S.-vessel builder or
a business that uses U.S.-flag vessels in
that business, MARAD will not issue an
approval of the vessel’s coastwise
endorsement eligibility. Comments
should refer to the vessel name, state the
commenter’s interest in the application,
and address the eligibility criteria given
in section 388.4 of MARAD’s
regulations at 46 CFR part 388.
Public Participation
How do I submit comments?
Please submit your comments,
including the attachments, following the
instructions provided under the above
heading entitled ADDRESSES. Be advised
that it may take a few hours or even
days for your comment to be reflected
on the docket. In addition, your
comments must be written in English.
We encourage you to provide concise
comments and you may attach

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additional documents as necessary.
There is no limit on the length of the
attachments.
Where do I go to read public comments,
and find supporting information?
Go to the docket online at http://
www.regulations.gov, keyword search
MARAD–2021–0159 or visit the Docket
Management Facility (see ADDRESSES for
hours of operation). We recommend that
you periodically check the Docket for
new submissions and supporting
material.
Will my comments be made available to
the public?
Yes. Be aware that your entire
comment, including your personal
identifying information, will be made
publicly available.
May I submit comments confidentially?
If you wish to submit comments
under a claim of confidentiality, you
should submit the information you
claim to be confidential commercial
information by email to SmallVessels@
dot.gov. Include in the email subject
heading ‘‘Contains Confidential
Commercial Information’’ or ‘‘Contains
CCI’’ and state in your submission, with
specificity, the basis for any such
confidential claim highlighting or
denoting the CCI portions. If possible,
please provide a summary of your
submission that can be made available
to the public.
In the event MARAD receives a
Freedom of Information Act (FOIA)
request for the information, procedures
described in the Department’s FOIA
regulation at 49 CFR 7.29 will be
followed. Only information that is
ultimately determined to be confidential
under those procedures will be exempt
from disclosure under FOIA.
Privacy Act
In accordance with 5 U.S.C. 553(c),
DOT solicits comments from the public
to better inform its rulemaking process.
DOT posts these comments, without
edit, to www.regulations.gov, as
described in the system of records
notice, DOT/ALL–14 FDMS, accessible
through www.dot.gov/privacy. To
facilitate comment tracking and
response, we encourage commenters to
provide their name, or the name of their
organization; however, submission of
names is completely optional. Whether
or not commenters identify themselves,
all timely comments will be fully
considered.
(Authority: 49 CFR 1.93(a), 46 U.S.C. 55103,
46 U.S.C. 12121)

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File Modified2021-08-14
File Created2021-08-14

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