28862 Federal Register / Vol. 87, No. 91 / Wednesday, May 11, 2022 / Notices 

review process. As part of this process, 

FMCSA reviewed its Motor Carrier 

Management Information System safety 

records, including inspection and 

accident reports submitted to FMCSA 

by State agencies. 

The request is similar to the 

exemption previously granted that 

allows Cliffs’ drivers transporting steel 

coils to work the same HOS and travel 

the same distances and routes between 

their production and shipping locations. 

Unlike the steel coil exemption, the 

scrap trucks would comply with the 

definition of a ‘‘heavy hauler trailer’’ in 

49 CFR 393.5; the required ‘‘height of 

rear side marker lights restrictions’’ in 

49 CFR 393.11 Table 1—Footnote 4; the 

‘‘tire loading restrictions’’ in 49 CFR 

393.75(f); and the ‘‘coil securement 

requirements’’ in 49 CFR 393.120. As 

the Agency stated in the steel coil 

exemption, this is somewhat 

comparable to current HOS regulations 

that allow certain ‘‘short-haul’’ drivers a 

16-hour driving ‘‘window’’ once a week 

(49 CFR 395.1(o)) and other non-CDL 

short-haul drivers two 16-hour duty 

periods per week (49 CFR 395.1(e)(2)), 

provided specified conditions are met. 

However, current regulations require a 

minimum of 10 hours off duty between 

duty periods. 

FMCSA Decision 

The FMCSA has evaluated Cliffs’ 

application for exemption and the 

public comments and hereby grants the 

exemption. The Agency believes that 

Cliffs’ overall safety performance, as 

well as other factors discussed in its 

application (principally the short 

distances and low speeds of its 

operations on public highways) will 

enable it to achieve a level of safety that 

is equivalent to, or greater than the level 

of safety achieved without the 

exemption (49 CFR 381.305(a)). 

Terms and Conditions for the 

Exemption 

1. Period of the Exemption 

The exemption is effective for a 5-year 

period, beginning May 11, 2022 and 

ending May 11, 2027. 

2. Extent of the Exemption 

The exemption from the requirements 

of 49 CFR part 395 is restricted to Cliffs’ 

scrap truck drivers. Drivers utilizing the 

exemption may work up to 16 

consecutive hours in a duty period and 

return to work with a minimum of at 

least 8 hours off duty when necessary. 

The CMVs must cross only on Riley 

Road, where they travel 80 feet and 

Dickey Road and 129th Street where 

they travel .2 miles to move scrap metal 

from one part of the plant to another 

section of the plant. All drivers must 

have CDLs, and drivers and vehicles 

must comply with all other applicable 

provisions of the Federal Motor Carrier 

Safety Regulations. 

3. Preemption 

In accordance with 49 U.S.C. 

31315(d), during the period this 

exemption is in effect, no State shall 

enforce any law or regulation that 

conflicts with or is inconsistent with 

these exemptions with respect to a firm 

or person operating under this 

exemption. 

4. Notification to FMCSA 

Cliffs must notify FMCSA within 5 

business days of any accident (as 

defined in 49 CFR 390.5), involving any 

of the motor carrier’s CMVs operating 

under the terms of this exemption. The 

notification must be emailed to 

MCPSD@DOT.GOV and include the 

following information: 

a. Exemption Identifier: ‘‘ClevelandCliffs Steel, LLC’’; 

b. Name and USDOT number of the 

motor carrier; 

c. Date of the accident; 

d. City or town, and State, in which 

the accident occurred, or which is 

closest to the scene of the accident; 

e. Driver’s name and driver’s license 

number; 

f. Vehicle number and State license 

number; 

g. Number of individuals suffering 

physical injury; 

h. Number of fatalities; 

i. The police-reported cause of the 

accident; 

j. Whether the driver was cited for 

violation of any traffic laws, or motor 

carrier safety regulations; and 

k. The total driving time and the total 

on-duty time of the CMV driver at the 

time of the accident. 

5. Termination 

FMCSA does not believe the motor 

carrier, the drivers, and CMVs covered 

by the exemption will experience any 

deterioration of their safety record. 

However, should this occur, FMCSA 

will take all steps necessary to protect 

the public interest, including revocation 

of the exemption. FMCSA will 

immediately revoke the exemption for 

failure to comply with its terms and 

conditions. 

Robin Hutcheson, 

Deputy Administrator. 

[FR Doc. 2022–10129 Filed 5–10–22; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF TRANSPORTATION 

Federal Railroad Administration 

[Docket Number FRA–2002–14084] 

Petition for Extension of Waiver of 

Compliance 

Under part 211 of title 49 Code of 

Federal Regulations (CFR), this 

document provides the public notice 

that by letter received on April 1, 2022, 

the San Luis Central Railroad (SLC) 

petitioned the Federal Railroad 

Administration (FRA) for an extension 

of a waiver of compliance from certain 

provisions of the Federal railroad safety 

regulations contained at 49 CFR 223.11, 

Requirements for existing locomotives. 

The relevant FRA Docket Number is 

FRA–2002–14084. 

Specifically, SLC requests relief from 

49 CFR 223.11 for two locomotives, SLC 

70 and SLC 71, for operations not 

exceeding 10 miles per hour over 13 

miles of branch line track in Colorado. 

In support of its petition, SLC states that 

there have been no accidents, incidents, 

or injuries to employees involving 

window glazing on the locomotives 

since the waiver was granted. 

A copy of the petition, as well as any 

written communications concerning the 

petition, is available for review online at 

www.regulations.gov. 

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 and a 

public hearing, 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 at https://

www.regulations.gov. Follow the online 

instructions for submitting comments. 

Communications received by June 27, 

2022 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.). 

Under 5 U.S.C. 553(c), the U.S. 

Department of Transportation (DOT) 

solicits comments from the public to 


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Federal Register / Vol. 87, No. 91 / Wednesday, May 11, 2022 / Notices 28863 

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 

https://www.transportation.gov/privacy. 

See also https://www.regulations.gov/ 

privacy-notice for the privacy notice of 

regulations.gov. 

Issued in Washington, DC. 

John Karl Alexy, 

Associate Administrator for Railroad Safety 

Chief Safety Officer. 

[FR Doc. 2022–10043 Filed 5–10–22; 8:45 am] 

BILLING CODE 4910–06–P 

DEPARTMENT OF TRANSPORTATION 

Federal Railroad Administration 

[Docket Number FRA–2011–0015] 

Petition for Extension of Waiver of 

Compliance 

Under part 211 of title 49 Code of 

Federal Regulations (CFR), this 

document provides the public notice 

that on April 7, 2022, Drake Switching 

Companies (DSC) petitioned the Federal 

Railroad Administration (FRA) for an 

extension of a waiver of compliance 

from certain provisions of the Federal 

railroad safety regulations contained at 

49 CFR part 223, Safety Glazing 

Standards—Locomotives, Passenger 

Cars and Cabooses. The relevant FRA 

Docket Number is FRA–2011–0015. 

Specifically, DSC requests relief from 

49 CFR part 223 for one Shuttlewagon, 

DSC 601, for operations not exceeding 

10 miles per hour over 4 miles of track 

owned by Drake Cement LLC in 

Arizona. In support of its petition, DSC 

states that there have been no accidents, 

incidents, or injuries to employees 

involving window glazing on the car 

since the waiver was granted. 

A copy of the petition, as well as any 

written communications concerning the 

petition, is available for review online at 

www.regulations.gov. 

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 and a 

public hearing, 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 at https://

www.regulations.gov. Follow the online 

instructions for submitting comments. 

Communications received by June 27, 

2022 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.). 

Under 5 U.S.C. 553(c), the U.S. 

Department of Transportation (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 

https://www.transportation.gov/privacy. 

See also https://www.regulations.gov/ 

privacy-notice for the privacy notice of 

regulations.gov. 

Issued in Washington, DC. 

John Karl Alexy, 

Associate Administrator for Railroad Safety, 

Chief Safety Officer. 

[FR Doc. 2022–10044 Filed 5–10–22; 8:45 am] 

BILLING CODE 4910–06–P 

DEPARTMENT OF TRANSPORTATION 

Federal Railroad Administration 

[Docket Number FRA–2022–0029] 

Petition for Waiver of Compliance 

Under part 211 of title 49 Code of 

Federal Regulations (CFR), this 

document provides the public notice 

that on April 7, 2022, the DelawareLackawanna Railroad Co., Inc. (DL), 

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 240 

(Qualification and Certification of 

Locomotive Engineers) and part 242 

(Qualification and Certification of 

Conductors). FRA assigned the petition 

Docket Number FRA–2022–0029. 

Specifically, DL requests relief as part 

of its proposed implementation of and 

participation in FRA’s Confidential 

Close Call Reporting System (C3RS) 

Program. DL seeks to shield reporting 

employees and the railroad from 

mandatory punitive sanctions that 

would otherwise arise as provided in 49 

CFR 240.117(e)(1)–(4); 240.305(a)(l)–(4) 

and (a)(6); 240.307; 242.403(b), (c), 

(e)(l)–(4), (e)(6)–(11), (f)(l)–(2); and 

242.407. The C3RS Program encourages 

certified operating crew members to 

report close calls and protects the 

employees and the railroad from 

discipline or sanctions arising from the 

incidents reported per the C3RS 

Implementing Memorandum of 

Understanding. 

A copy of the petition, as well as any 

written communications concerning the 

petition, is available for review online at 

www.regulations.gov. 

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 parties desire 

an opportunity for oral comment and a 

public hearing, 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 at http://

www.regulations.gov. Follow the online 

instructions for submitting comments. 

Communications received by June 27, 

2022 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.). 

Under 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 https://

www.transportation.gov/privacy. See 

also https://www.regulations.gov/ 

privacy-notice for the privacy notice of 

regulations.gov. 

Issued in Washington, DC. 

John Karl Alexy, 

Associate Administrator for Railroad Safety, 

Chief Safety Officer. 

[FR Doc. 2022–10045 Filed 5–10–22; 8:45 am] 

BILLING CODE 4910–06–P 


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