Federal Register / Vol. 89, No. 42 / Friday, March 1, 2024 / Notices 15259 

copying and electronic filing. If you 

submit comments by mail and would 

like to know that they reached the 

facility, please enclose a stamped, selfaddressed postcard or envelope. FMCSA 

will consider all comments and material 

received during the comment period. 

II. Legal Basis 

FMCSA has authority under 49 U.S.C. 

31136(e) and 31315(b) to grant 

exemptions from certain Federal Motor 

Carrier Safety Regulations (FMCSRs). 

FMCSA must publish a notice of each 

exemption request in the Federal 

Register (49 CFR 381.315(a)). The 

Agency must provide the public an 

opportunity to inspect the information 

relevant to the application, including 

any safety analyses that have been 

conducted. The Agency must also 

provide an opportunity for public 

comment on the request. 

The Agency reviews safety analyses 

and public comments submitted and 

determines whether granting the 

exemption would likely maintain a level 

of safety equivalent to, or greater than, 

the level that would be achieved by the 

current regulation (49 CFR 381.305(a)). 

The decision of the Agency must be 

published in the Federal Register (49 

CFR 381.315(b)). If granted, the notice 

will identify the regulatory provision 

from which the applicant will be 

exempt, the effective period, and all 

terms and conditions of the exemption 

(49 CFR 381.315(c)(1)). If the exemption 

is denied, the notice will explain the 

reason for the denial (49 CFR 

381.315(c)(2)). The exemption may be 

renewed (49 CFR 381.300(b)). 

III. Applicant’s Request 

Arbert Ibraimi requests a one-year 

exemption from the ELD requirements 

in 49 CFR 395.8(a)(1(i). Under section 

395.8(a)(1)(i) most drivers that operate 

CMVs in interstate commerce are 

required to use an ELD to record their 

HOS. The applicant asserts that he is 

running a new business operating a 

single CMV as an owner-operator and 

has limited funds to support the 

purchase of an ELD. The applicant 

states that he would use the funds saved 

from not implementing an ELD in the 

single CMV to monitor the safety of 

operations and to incorporate safety 

management controls into his operation. 

A copy of Arbert Ibraimi’s application 

for exemption is available for review in 

the docket for this notice. 

IV. Request for Comments 

In accordance with 49 U.S.C. 

31315(b), FMCSA requests public 

comment from all interested persons on 

Arbert Ibraimi’s application for an 

exemption from the ELD requirement 

under 49 CFR 395.8(a). All comments 

received before the close of business on 

the comment closing date indicated at 

the beginning of this notice will be 

considered and will be available for 

examination in the docket at the 

location listed under the Addresses 

section of this notice. Comments 

received after the comment closing date 

will be filed in the public docket and 

will be considered to the extent 

practicable. In addition to late 

comments, FMCSA will also continue to 

file, in the public docket, relevant 

information that becomes available after 

the comment closing date. Interested 

persons should continue to examine the 

public docket for new material. 

Larry W. Minor, 

Associate Administrator for Policy. 

[FR Doc. 2024–04307 Filed 2–29–24; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF TRANSPORTATION 

Maritime Administration 

Solicitation of Applications for the 

Award of One Tanker Security Program 

Operating Agreement 

AGENCY: Maritime Administration, 

Department of Transportation. 

ACTION: Notice of application period for 

the Tanker Security Program (TSP). 

SUMMARY: The Maritime Administration 

(MARAD) requests applications from 

eligible candidates for one TSP 

operating agreement. The Tanker 

Security Program is comprised of a fleet 

of active, commercially viable, militarily 

useful, and privately owned product 

tank vessels. The fleet provides for 

national defense and other security 

requirements and maintains a United 

States presence in international 

commercial shipping. This solicitation 

for applications provides, among other 

things, application criteria and a 

deadline for submitting applications for 

the enrollment of one vessel into the 

TSP. 

DATES: Applications for enrollment 

must be received no later than April 30, 

2024. Applications should be submitted 

to the address listed in the ADDRESSES

section below. 

ADDRESSES: Applications may be 

submitted electronically to 

sealiftsupport@dot.gov or in hard copy 

to the Tanker Security Program, 

Maritime Administration, U.S. 

Department of Transportation, 1200 

New Jersey Avenue SE, Washington, DC 

20590. Application forms are available 

upon request or may be downloaded 

from MARAD’s website at 

www.maritime.dot.gov under National 

Security/Strategic Sealift/Tanker 

Security Program. 

FOR FURTHER INFORMATION CONTACT: 

David Hatcher, Director, Office of Sealift 

Support, Maritime Administration, 

Telephone (202) 366–0688. For legal 

questions, call Joseph Click, Office of 

Chief Counsel, Division of Maritime 

Programs, Maritime Administration, 

(202) 366–5882. 

SUPPLEMENTARY INFORMATION: Section 

53402(a) of Title 46, United States Code, 

requires that the Secretary of 

Transportation (Secretary), in 

consultation with the Secretary of 

Defense (SecDef), establish a fleet of 

active, commercially viable, militarily 

useful, privately-owned product tank 

vessels to meet national defense and 

other security requirements. The TSP 

provides a stipend to tanker operators of 

U.S.-flagged vessels that meet certain 

qualifications. Payments to participating 

operators are limited to $6 million per 

ship, per fiscal year and are subject to 

annual appropriations. Participating 

operators are required to make their 

commercial transportation resources 

available upon request of the SecDef 

during times of war or national 

emergency. 

Application Criteria 

Section 53403(b)(2)(A) of Title 46, 

United States Code, and MARAD’s 

implementing regulation at 46 CFR 

294.9, direct the Secretary in 

consultation with the SecDef to consider 

applicant vessel qualifications and give 

priority to applications based on the 

following criteria: 

(1) Vessel capabilities, as established 

by SecDef; 

(2) Applicant’s record of vessel 

ownership and operation of tanker 

vessels; and 

(3) Applicant’s citizenship, with 

preference for Section 50501 Citizens. 

Vessel Requirements 

Acceptable vessels for a TSP 

Operating Agreement must meet the 

requirements of 46 U.S.C. 53402(b) and 

46 CFR 294.9. The Commander, 

USTRANSCOM, has provided vessel 

suitability standards for eligible TSP 

vessels for use during the application 

selection process. The following 

suitability standards, consistent with 

the requirements of 46 U.S.C. 

53402(b)(5), will apply to vessel 

applications: 

• Medium Range (MR) tankers 

between 30,000–60,000 deadweight 

tons, with fuel cargo capacity of 230,000 

barrels or greater; 


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15260 Federal Register / Vol. 89, No. 42 / Friday, March 1, 2024 / Notices 

• Deck space and size to accept 

installation of Consolidation (CONSOL) 

stations, two on each side for a total of 

four stations; 

• Ability to accommodate up to an 

additional 12 crew for CONSOL, 

security, and communication crew 

augmentation; 

• Communication facilities capable of 

integrating secure communications 

equipment; 

• Does not engage in commerce or 

acquire any supplies or services if any 

proclamation, Executive order, or 

statute administered by Office of 

Foreign Assets Control (OFAC), or if 

OFAC’s regulations at 31 CFR Chapter 

V, would prohibit such a transaction by 

a person subject to the jurisdiction of 

the United States, except as authorized 

by the OFAC in the Department of the 

Treasury; 

• Operate in the Indo-Pacific region; 

• Maximum draft of no more than 44 

feet. Preference will be given to vessels 

that can transport the most fuel at the 

shallowest draft; 

• Sustained service speed of at least 

14 knots, with higher speeds preferred; 

• Carry only clean refined products; 

and 

• Double-hulled and capable of 

carrying more than two separated grades 

of refined petroleum products with 

double valve protection between tanks. 

National Security Requirements 

The applicant chosen to receive a TSP 

Operating Agreement will be required to 

enter into an Emergency Preparedness 

Agreement (EPA) in accordance with 46 

U.S.C. 53407, or such other agreement 

as may be approved by the Secretaries. 

The current EPA approved by the 

Secretary and SecDef is the Voluntary 

Tanker Agreement (VTA), publicly 

available for review at 87 FR 67119 

(November 7, 2022). 

Documentation 

A vessel chosen to receive the TSP 

Operating Agreement must be 

documented as a U.S.-flag vessel under 

46 U.S.C. chapter 121 to operate under 

the Operating Agreement. An applicant 

proposing a vessel registered under the 

laws of a foreign country at the time of 

application must demonstrate the vessel 

owner’s intent to have the vessel 

documented under U.S. law and must 

demonstrate that the vessel is U.S.- 

registered by the time the applicant 

enters into a TSP Operating Agreement 

for the vessel. Proof of U.S. Coast Guard 

vessel documentation and inspection 

and all relevant charter and 

management agreements for a chosen 

vessel must be approved by MARAD 

before the vessel will be eligible to 

operate under a TSP Operating 

Agreement and receive TSP payments. 

Vessel Operation 

A vessel selected for award of a TSP 

Operating Agreement must be operated 

in foreign commerce, in mixed foreign 

commerce and domestic trade of the 

United States permitted under a registry 

endorsement issued under 46 U.S.C. 

12111, or between U.S. ports and those 

points identified in 46 U.S.C. 55101(b), 

or in foreign-to-foreign commerce, and 

must not otherwise operate in the 

coastwise trade of the United States. 

Further, no vessel may operate under a 

TSP Operating Agreement while it is 

also operating under charter to the U.S. 

Government for a period that, together 

with options, exceeds 180 continuous 

days. 

Protection of Confidential Commercial 

or Financial Information 

If the application includes 

information that the applicant considers 

to be a trade secret or confidential 

commercial or financial information, the 

applicant should do the following: (1) 

Note on the front cover that the 

submission ‘‘Contains Confidential 

Commercial or Financial Information 

(CCFI)’’; (2) mark each affected page 

‘‘CCFI’’; and (3) highlight or otherwise 

denote the CCFI portions. MARAD will 

protect such information from 

disclosure to the extent allowed under 

applicable law. 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 that procedure will 

be exempt from disclosure under FOIA. 

Award of Operating Agreements 

MARAD will make every effort to 

expedite the review of applications and 

the award of a TSP Operating 

Agreement. MARAD, however, does not 

guarantee the award of a TSP Operating 

Agreement in response to applications 

submitted under this Notice. If no 

awards are made, or an application is 

not selected for an award, the applicant 

will be provided with a written reason 

for why the application was denied. 

(Authority: 46 U.S.C. chapter 534, 49 CFR 

1.92 and 1.93, 46 CFR 294) 

By order of the Maritime Administrator. 

T. Mitchell Hudson, Jr. 

Secretary, Maritime Administration. 

[FR Doc. 2024–04352 Filed 2–29–24; 8:45 am] 

BILLING CODE 4910–81–P 

DEPARTMENT OF TRANSPORTATION 

Pipeline and Hazardous Materials 

Safety Administration 

[Docket No. PHMSA–2023–0071] 

Pipeline Safety: Request for Special 

Permit; DTM Gas Storage Company 

AGENCY: Pipeline and Hazardous 

Materials Safety Administration 

(PHMSA); U.S. Department of 

Transportation (DOT). 

ACTION: Notice. 

SUMMARY: PHMSA is publishing this 

notice to solicit public comments on a 

request for special permit received from 

the DTM Gas Storage Company (DTM). 

The special permit request is seeking 

relief from compliance with certain 

requirements in the Federal pipeline 

safety regulations. At the conclusion of 

the 30-day comment period, PHMSA 

will review the comments received from 

this notice as part of its evaluation to 

grant or deny the special permit request. 

DATES: Submit any comments regarding 

this special permit request by April 1, 

2024. 

ADDRESSES: Comments should reference 

the docket number for this special 

permit request and may be submitted in 

the following ways: 

• E-Gov Website: http://

www.Regulations.gov. This site allows 

the public to enter comments on any 

Federal Register notice issued by any 

agency. 

• Fax: 1–202–493–2251. 

• Mail: Docket Management System: 

U.S. Department of Transportation, 

Docket Operations, M–30, West 

Building Ground Floor, Room W12–140, 

1200 New Jersey Avenue SE, 

Washington, DC 20590. 

• Hand Delivery: Docket Management 

System: U.S. Department of 

Transportation, Docket Operations, M– 

30, West Building Ground Floor, Room 

W12–140, 1200 New Jersey Avenue SE, 

Washington, DC 20590, between 9:00 

a.m. and 5:00 p.m., Monday through 

Friday, except Federal holidays. 

Instructions: You should identify the 

docket number for the special permit 

request you are commenting on at the 

beginning of your comments. If you 

submit your comments by mail, please 

submit two (2) copies. To receive 

confirmation that PHMSA has received 

your comments, please include a selfaddressed stamped postcard. Internet 

users may submit comments at http://

www.Regulations.gov. 

Note: There is a privacy statement 

published on http://www.Regulations.gov. 

Comments, including any personal 


ddrumheller on DSK120RN23PROD with NOTICES1