68274 Federal Register / Vol. 88, No. 190 / Tuesday, October 3, 2023 / Notices 

1Title 49 United States Code (U.S.C.) 20157; title 

49 Code of Federal Regulations (CFR) 236.1005(b), 

236.1006(a). This requirement does not apply, 

however, to a railroad’s controlling locomotives that 

are subject to either a temporary or permanent 

exception under 49 U.S.C. 20157(j)–(k) or 49 CFR 

236.1006(b). 

To submit your comment online, go to 

https://www.regulations.gov/docket/ 

FMCSA-2023-0178/document, click on 

this notice, click ‘‘Comment,’’ and type 

your comment into the text box on the 

following screen. 

If you submit your comments by mail 

or hand delivery, submit them in an 

unbound format, no larger than 81⁄2 by 

11 inches, suitable for copying and 

electronic filing. 

Comments received after the comment 

closing date will be included in the 

docket and will be considered to the 

extent practicable. 

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. 

Background 

The Secretary of Transportation is 

responsible for implementing 

regulations which establish minimum 

levels of financial responsibility for: (1) 

for-hire motor carriers of property to 

cover public liability, property damage, 

and environmental restoration, and (2) 

for-hire motor carriers of passengers to 

cover public liability and property 

damage. The Endorsement for Motor 

Carrier Policies of Insurance for Public 

Liability (Forms MCS–90/90B) and the 

Motor Carrier Public Liability Surety 

Bond (Forms MCS–82/82B) contain the 

minimum amount of information 

necessary to document that a motor 

carrier of property or passengers has 

obtained, and has in effect, the 

minimum levels of financial 

responsibility as set forth in applicable 

regulations (49 CFR 387.9 (motor 

carriers of property) and 49 CFR 

387.33T (motor carriers of passengers)). 

FMCSA and the public can verify that 

a motor carrier of property or passengers 

has obtained, and has in effect, the 

required minimum levels of financial 

responsibility by reviewing the 

information enclosed within these 

documents. 

Title: Financial Responsibility for 

Motor Carrier of Passengers and Motor 

Carriers of Property. 

OMB Control Number: 2126–0008. 

Type of Request: Renewal of a 

currently approved ICR. 

Respondents: Insurance underwriters 

for insurance companies and financial 

specialists for surety companies of 

motor carriers of property (Forms MCS– 

90 and MCS–82) and passengers (Forms 

MCS–90B and MCS–82B), and motor 

carrier compliance officers employed by 

motor carriers to store and maintain 

insurance and/or surety bond 

documentation in motor carrier 

vehicles. 

Estimated Number of Respondents: 

413,948. 

Estimated Time per Response: 

FMCSA estimates that it takes 2 minutes 

to complete the Endorsement for Motor 

Carrier Policies of Insurance for Public 

Liability (Forms MCS–90 for property 

carriers and MCS–90B for passenger 

carriers) or the Motor Carrier Public 

Liability Surety Bond (Forms MCS–82 

for property carriers and MCS–82B for 

passenger carriers); 1 minute to store/ 

maintain documents at the motor 

carrier’s principal place of business (49 

CFR 387.7(d); 49 CFR 387.31(d)); and 1 

minute per vehicle to place the 

respective document on board the 

vehicle as required for non-U.S.- 

domiciled carriers (49 CFR 387.7(f); 49 

CFR 387.31(f)). 

Expiration Date: May 31, 2024. 

Frequency of Response: Upon 

creation, change, or replacement of an 

insurance policy or surety bond. 

Approximately one time per year. 

Estimated Total Annual Burden: 

12,249. 

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 

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. The Agency will 

summarize or include your comments in 

the request for OMB’s clearance of this 

ICR. 

Issued under the authority of 49 CFR 

1.87. 

Thomas P. Keane, 

Associate Administrator, Office of Research 

and Registration. 

[FR Doc. 2023–21766 Filed 10–2–23; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF TRANSPORTATION 

Federal Railroad Administration 

Positive Train Control Regulations 

About Emergency Rerouting 

AGENCY: Federal Railroad 

Administration (FRA), Department of 

Transportation (DOT). 

ACTION: Notice. 

SUMMARY: The purpose of this notice is 

to inform the public about FRA’s 

regulations permitting railroads to 

temporarily reroute a train equipped 

with a positive train control (PTC) 

system onto a track not equipped with 

a PTC system, in the event an 

emergency prevents usage of the 

regularly used track. This notice 

contains information about the process 

a railroad must follow to notify FRA 

and/or obtain FRA’s approval, 

depending on the duration of the 

rerouting. 

FOR FURTHER INFORMATION CONTACT: For 

technical questions, please contact Gabe 

Neal, Staff Director, Signal, Train 

Control, and Crossings Division, 

telephone: 816–516–7168, email: 

Gabe.Neal@dot.gov. For legal questions, 

please contact Stephanie Anderson, 

Attorney Adviser, telephone: 202–834– 

0609, email: Stephanie.Anderson@

dot.gov. 

SUPPLEMENTARY INFORMATION: By law, 

PTC systems must govern operations on 

PTC-mandated main lines, which 

currently encompass approximately 

58,000 route miles, and include Class I 

railroads’ main lines over which poisonor toxic-by-inhalation hazardous 

materials are transported and any 

railroads’ main lines over which 

intercity or commuter rail passenger 

transportation is regularly provided.1

FRA’s PTC regulations recognize, 

however, that certain emergencies— 

including events such as a derailment, 

flood, fire, tornado, hurricane, 

earthquake, or other similar 

circumstance outside of the railroad’s 

control—may occur and prevent usage 

of the regularly used track. Specifically, 

49 CFR 236.1005(g)(1) enables railroads 

to temporarily reroute PTC-equipped 

trains onto track not equipped with a 

PTC system, in the event an emergency 

prevents usage of the regularly used 

track. 

Pursuant to 49 CFR 236.1005(g)(1)(ii) 

and 236.1005(i), a railroad must provide 

written or telephonic notification to 

FRA of the following information within 

one business day of the beginning of the 

emergency rerouting: 

(1) The dates that such temporary 

rerouting will occur; 

(2) The number and types of trains 

that will be rerouted; 


ddrumheller on DSK120RN23PROD with NOTICES1
Federal Register / Vol. 88, No. 190 / Tuesday, October 3, 2023 / Notices 68275 

(3) The location of the affected tracks; 

and 

(4) A description of the necessity for 

the temporary rerouting. 

FRA’s PTC regulations specify that a 

railroad may reroute traffic only until 

the emergency condition ceases to exist 

and for no more than 14 consecutive 

calendar days, unless otherwise 

extended by approval from FRA’s 

Associate Administrator for Railroad 

Safety (Associate Administrator). 

In 2023, multiple railroads have 

requested FRA’s approval to continue 

the emergency rerouting beyond 14 

consecutive calendar days. FRA 

reminds railroads to submit their 

extension requests as soon as possible, 

well before the initial 14-day period of 

emergency rerouting lapses, to ensure 

FRA has sufficient time to evaluate the 

railroad’s request and issue its decision 

to the railroad. 

During all phases of emergency 

rerouting, including during the initial 

14 consecutive calendar days and 

beyond, a railroad must comply with 

the rerouting conditions under 49 CFR 

236.1005(j), as § 236.1005(g)(1)(iii) 

requires. For example, § 236.1005(j) 

specifies that an unequipped train must 

be ‘‘operated in accordance with 

§ 236.1029’’ (including the applicable 

speed restrictions) if the train is 

rerouted to a PTC-equipped track. If any 

train is rerouted to a track not equipped 

with a PTC system, the train must be 

‘‘operated in accordance with the 

operating rules applicable to the line on 

which the train is rerouted.’’ 49 CFR 

236.1005(j). 

FRA remains available to provide 

technical assistance to railroads about 

the emergency rerouting provisions in 

FRA’s regulations, at 49 CFR 

236.1005(g)(1), (i), and (j) and 

summarized above. FRA appreciates 

railroads’ commitment to operating their 

FRA-certified, interoperable PTC 

systems on PTC-mandated main lines, 

as generally required by law, outside the 

special, limited circumstances outlined 

in FRA’s regulations. 

Issued in Washington, DC. 

Carolyn R. Hayward-Williams, 

Director, Office of Railroad Systems and 

Technology. 

[FR Doc. 2023–21855 Filed 10–2–23; 8:45 am] 

BILLING CODE 4910–06–P 

DEPARTMENT OF TRANSPORTATION 

Maritime Administration 

[Docket No. MARAD–2023–0190] 

Coastwise Endorsement Eligibility 

Determination for a Foreign-Built 

Vessel: Sand Seaker 9 (Motor); 

Invitation for Public Comments 

AGENCY: Maritime Administration, DOT. 

ACTION: Notice. 

SUMMARY: 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 

November 2, 2023. 

ADDRESSES: You may submit comments 

identified by DOT Docket Number 

MARAD–2023–0190 by any one of the 

following methods: 

• Federal eRulemaking Portal: Go to 

https://www.regulations.gov. Search 

MARAD–2023–0190 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–2023–0190, 

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 

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. 

FOR FURTHER INFORMATION CONTACT: 

Patricia Hagerty, U.S. Department of 

Transportation, Maritime 

Administration, 1200 New Jersey 

Avenue SE, Room W23–461, 

Washington, DC 20590. Telephone: 

(202) 366–0903. Email patricia.hagerty@

dot.gov. 

SUPPLEMENTARY INFORMATION: As 

described in the application, the 

intended service of the vessel Sand 

Seaker 9 is: 

Intended Commercial Use of Vessel: 

‘‘Luxury Charter Day trips.’’ 

Geographic Region Including Base of 

Operations: ‘‘Florida (Base of 

Operations: Sarasota, FL).’’ 

Vessel Length and Type: 35′ 1′′ 

Catamaran. 

The complete application is available 

for review identified in the DOT docket 

as MARAD 2023–0190 at https:// 

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 

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–2023–0190 or visit the Docket 

Management Facility (see ADDRESSES for 


ddrumheller on DSK120RN23PROD with NOTICES1