Federal Register / Vol. 83, No. 146 / Monday, July 30, 2018 / Notices 36667 

will therefore not be repeated. Virginia 

has established its own SPE program 

that is essentially identical to the 

current FMCSA SPE program to include 

an application process modeled on the 

FMCSA process. In addition, State 

personnel who have completed SPE 

training identical to that of FMCSA 

personnel currently administer the SPE 

program and conduct the skill 

evaluation according to the same 

procedures and testing criteria used by 

FMCSA. If the driver passes the skill 

evaluation, the State issues the SPE 

Certificate. Virginia maintains records of 

applications, testing, and certificates 

issued, which are available, as required, 

for periodic review by FMCSA. On 

behalf of CMV drivers licensed in the 

Commonwealth of Virginia, the State 

requested renewal of the exemption 

from 49 CFR 391.49 concerning 

FMCSA’s SPE Certificate process for 

drivers who have experienced an 

impairment or loss of a limb. 

II. Request for Comments 

Interested parties or organizations 

possessing information that would 

otherwise show that granting this 

exemption is not currently achieving the 

statutory level of safety should 

immediately notify FMCSA. The 

Agency will evaluate any adverse 

evidence submitted and, if safety is 

being compromised or if continuation of 

the exemption would not be consistent 

with the goals and objectives of 49 

U.S.C. 31136(e) and 31315, FMCSA will 

take immediate steps to revoke the 

Virginia DMV exemption. 

III. Basis for Renewing Exemption 

The Agency’s decision regarding this 

exemption is based on the fact that 

Virginia’s SPE program is essentially 

identical to the current FMCSA 

program. Virginia continues to adhere to 

the application process modeled on the 

FMCSA process. State personnel who 

conduct the skill evaluation complete 

the same training as FMCSA personnel 

conducting the test and follow the same 

procedures and testing criteria used by 

FMCSA. FMCSA has conducted ongoing 

monitoring and SPE program reviews 

and Virginia continues to maintain 

records of applications, testing, and 

certificates issued for periodic review by 

FMCSA. At the time, Virginia DMV 

submitted its request for exemption 

renewal to the Agency, it had issued 29 

new and 48 renewal SPE Certificates. 

Based upon FMCSA’s analyses of the 

applications and the program as a 

whole, FMCSA has determined that no 

safety vulnerabilities are associated with 

Virginia’s renewal request. The renewal 

of the exemption for a 5-year period is 

granted. 

Consequently, FMCSA has concluded 

that renewing the exemption allows the 

Virginia SPE program to achieve the 

level of safety required by 49 U.S.C. 

31315. 

If a Virginia-licensed driver would 

prefer not to opt for the streamlined SPE 

process, the driver may still apply for an 

FMCSA-issued SPE. However, FMCSA 

may still exercise its discretion and call 

upon Virginia DMV to provide 

assistance in conducting the road 

evaluation needed to complete an SPE 

application, depending on the volume 

of applications. 

IV. Conditions and Requirements: 

The FMCSA grants the renewal of the 

exemption to allow the Virginia DMV to 

conduct SPE’s on drivers who have 

experienced an impairment or loss of a 

limb and are licensed in the 

Commonwealth of Virginia. The 

following terms and conditions apply to 

the State and any drivers who receive a 

State-issued SPE certificate: 

• Virginia must establish and 

maintain its own SPE program that is 

essentially identical to the current 

FMCSA program. 

• The State must maintain an 

application process modeled on the 

FMCSA process and submit information 

concerning the application process to 

FMCSA’s Medical Programs Division for 

review, as required. 

• State personnel who conduct the 

skill test must complete SPE training 

identical to that of FMCSA personnel 

currently administering the Federal SPE 

program. 

• The skill evaluation and scoring for 

the SPE must be done using the same 

procedures and testing criteria used by 

FMCSA. 

• Virginia must maintain records of 

applications, testing, and certificates 

issued for periodic review by FMCSA. 

• Virginia must submit a monthly 

report to FMCSA listing the names and 

license number of each driver tested by 

the State and the result of the test (pass 

or fail). 

• Each driver who receives a Stateissued SPE must carry a copy of the 

certificate when driving for presentation 

to authorized Federal, State, or local law 

enforcement officials. 

V. Preemption 

During the period the exemption is in 

effect; no State shall enforce any law or 

regulation that conflicts with this 

exemption with respect to a person 

operating under the exemption. An 

exemption granted under the authority 

of 49 U.S.C. 31315(b) preempts State 

laws and regulations that conflict with 

or are inconsistent with the exemption. 

The decision to grant Virginia’s request 

amounts to automatic Federal 

ratification of the State issued SPE 

Certificate and therefore prohibits other 

jurisdictions from requiring a separate 

FMCSA-issued SPE. The State-issued 

certificate must be treated as if it had 

been issued by FMCSA. Virginialicensed drivers who receive the Stateissued SPE are allowed to operate CMVs 

in interstate commerce anywhere in the 

United States. 

VI. Conclusion 

Virginia has consistently maintained 

the statutory exemption requirements 

associated with the Skill Performance 

Evaluation Certificate program. 

Therefore, in accordance with 49 U.S.C. 

31136(e) and 31315, this exemption will 

be valid for five years unless revoked 

earlier by FMCSA. 

The Agency does not intend its 

decision to pressure other States to take 

action to implement State-run SPE 

programs. Virginia is the first State to 

submit an application on behalf of its 

drivers to provide an alternative to the 

Federal SPE process. Other States are 

welcome to make similar applications if 

they believe it is appropriate to do so 

and they have the resources to meet 

terms and conditions comparable to 

those provided in this exemption. 

Issued on: July 24, 2018. 

Raymond P. Martinez, 

Administrator. 

[FR Doc. 2018–16225 Filed 7–27–18; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF TRANSPORTATION 

Federal Railroad Administration 

[Docket Number FRA–2018–0052] 

Petition for Waiver of Compliance 

Under part 211 of Title 49 Code of 

Federal Regulations (CFR), this provides 

the public notice that by letter dated 

June 4, 2018, Norfolk Southern Railway 

(NS) 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 236. FRA 

assigned the petition Docket Number 

FRA–2018–0052. 

NS seeks a waiver of compliance from 

cab signal system requirements found in 

49 CFR 236.566, Locomotive of each 

train operating in train stop, train 

control, or cab signal territory; 

equipped. Specifically, NS seeks relief 

to operate non-equipped locomotives in 


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36668 Federal Register / Vol. 83, No. 146 / Monday, July 30, 2018 / Notices 

the following locations: Operations on 

the Conemaugh Line, Pittsburg Division, 

from control point (CP) Kiski at 

milepost (MP)–LC 47.8 near Freeport, 

PA to CP Pennnear near Pittsburgh, PA 

at MP–LC 77.9, with an absolute block 

to be established in advance of each 

non-equipped movement and covering 

the following operations: 

(a) Work Trains, Wreck Trains and 

Ballast cleaners to and from work. 

(b) Engines and rail diesel cars 

moving to and from shops. 

(c) Engines used in switching and 

transfer service, with or without cars, 

operating at Restricted Speed not 

exceeding 15 miles per hour. 

NS provides the following 

justification for relief. First, NS states 

that ‘‘relief is in the public interest,’’ 

and is ‘‘important to maintaining 

efficient rail operations in the region.’’ 

Second, NS explains exemptions have 

been granted for the ‘‘operation of nonequipped locomotives in cab signal 

system territory at nearby locations on 

the NS and the relief requested’’ is a 

‘‘consistent extension of those currently 

granted exceptions.’’ Moreover, NS 

states this waiver would update relief 

previously granted regarding Ex Parte 

No. 171 by the Interstate Commerce 

Commission at 286 I. C. C. 709. Finally, 

NS contends ‘‘the requested relief will 

not have a negative material impact on 

safety.’’ 

A copy of the petition, as well as any 

written communications concerning the 

petition, is available for review online at 

www.regulations.gov and in person at 

the U.S. Department of Transportation’s 

Docket Operations Facility, 1200 New 

Jersey Avenue SE, W12–140, 

Washington, DC 20590. The Docket 

Operations Facility is open from 9 a.m. 

to 5 p.m., Monday through Friday, 

except Federal Holidays. 

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, 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 by any of the following 

methods: 

• Website: http://

www.regulations.gov. Follow the online 

instructions for submitting comments. 

• Fax: 202–493–2251. 

• Mail: Docket Operations Facility, 

U.S. Department of Transportation, 1200 

New Jersey Avenue SE, W12–140, 

Washington, DC 20590. 

•Hand Delivery: 1200 New Jersey 

Avenue SE, Room W12–140, 

Washington, DC 20590, between 9 a.m. 

and 5 p.m., Monday through Friday, 

except Federal Holidays. 

Communications received by 

September 13, 2018 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.). 

In accordance with 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 

www.dotransportation.gov/privacy. See 

also http://www.regulations.gov/ 

#!privacyNotice for the privacy notice of 

regulations.gov. 

Robert C. Lauby, 

Associate Administrator for Safety, Chief 

Safety Officer. 

[FR Doc. 2018–16212 Filed 7–27–18; 8:45 am] 

BILLING CODE 4910–06–P 

DEPARTMENT OF TRANSPORTATION 

National Highway Traffic Safety 

Administration 

[Docket No. NHTSA–2017–0040; Notice 2] 

Continental Tire the Americas, LLC, 

Grant of Petition for Decision of 

Inconsequential Noncompliance 

AGENCY: National Highway Traffic 

Safety Administration (NHTSA), 

Department of Transportation (DOT). 

ACTION: Grant of petition. 

SUMMARY: Continental Tire the 

Americas, LLC (CTA), has determined 

that certain Continental brand tires do 

not fully comply with Federal Motor 

Vehicle Safety Standard (FMVSS) No. 

139, New Pneumatic Radial Tires for 

Light Vehicles. CTA filed a 

noncompliance report dated March 31, 

2017, and later revised it on February 

23, 2018. CTA also petitioned NHTSA 

on April 27, 2017, and amended it on 

June 28, 2017, for a decision that the 

subject noncompliance is 

inconsequential as it relates to motor 

vehicle safety. 

FOR FURTHER INFORMATION CONTACT: 

Abraham Diaz, Office of Vehicle Safety 

Compliance, NHTSA, telephone (202) 

366–5310, facsimile (202) 366–5930. 

SUPPLEMENTARY INFORMATION: 

1. Overview: CTA has determined that 

certain Continental brand tires do not 

fully comply with paragraphs S5.5(e) 

and S5.5(f) of FMVSS No. 139, New 

Pneumatic Radial Tires for Light 

Vehicles (49 CFR 571.139). CTA filed a 

noncompliance report dated March 31, 

2017, and later revised it on February 

23, 2018, pursuant to 49 CFR part 573, 

Defect and Noncompliance 

Responsibility and Reports. CTA also 

petitioned NHTSA on April 27, 2017, 

and amended it on June 28, 2017, 

pursuant to 49 U.S.C. 30118(d) and 

30120(h) and 49 CFR part 556, for an 

exemption from the notification and 

remedy requirements of 49 U.S.C. 

Chapter 301 on the basis that this 

noncompliance is inconsequential as it 

relates to motor vehicle safety. 

Notice of receipt of the petition was 

published, with a 30-day public 

comment period, on September 29, 

2017, in the Federal Register (82 FR 

45661). No comments were received. To 

view the petition and all supporting 

documents log onto the Federal Docket 

Management System (FDMS) website at: 

http://www.regulations.gov/. Then 

follow the online search instructions to 

locate docket number ‘‘NHTSA–2017– 

0040.’’ 

II. Tires Involved: Approximately 

111,500 of the following Continental 

brand tires, manufactured between 

December 2, 2012, and March 25, 2017, 

are potentially involved: 

• XL Continental CrossContact UHP 

size 255/55R18 109Y 

• Barum Brillantis 2 size 175/70R13 

82T 

• Continental ContiTrac size P225/ 

70R15 100S 

• XL General Grabber UHP size 275/ 

55R20 117V 

• Continental ExtremeContact DWS size 

285/30ZR20 99W XL 

• Continental CrossContact LX20 size 

245/55R19 103S 

• XL Continental CrossContact LX20 

size 285/45R 114H 

• General Altimax RT43 size 215/45R17 

87V 

III. Noncompliance: CTA states that 

the noncompliance is due to mold 

errors, and that as a result, the number 

of tread plies indicated on the sidewall 

of the subject tires do not match the 

actual number of plies in the tire 

construction and in one tire model the 


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