Petition for Waiver of Compliance, 22777-22778 [2015-09545]

Download as PDF Federal Register / Vol. 80, No. 78 / Thursday, April 23, 2015 / Notices no crashes and no convictions for moving violations in a CMV. Steven M. Tewhill Mr. Tewhill, 49, has had ocular histoplasmosis in his left eye since 2007. The visual acuity in his right eye is 20/20, and in his left eye, 20/150. Following an examination in 2014, his optometrist stated, ‘‘After thorough examination, it is my professional opinion that Mr. Tewhill has sufficient vision to perform his driving tasks to operate a commercial vehicle.’’ Mr. Tewhill reported that he has driven straight trucks for 32 years, accumulating 16,000 miles, and tractortrailer combinations for 10 years, accumulating 10,200 miles. He holds a Class A CDL from Arkansas. His driving record for the last 3 years shows no crashes and no convictions for moving violations in a CMV. mstockstill on DSK4VPTVN1PROD with NOTICES Brett E. Thomas Mr. Thomas, 46, has had amblyopia in his left eye since birth. The visual acuity in his right eye is 20/20, and in his left eye, 20/50. Following an examination in 2014, his optometrist stated, ‘‘His vision is great, and he is able to sufficiently able to operate a commercial vehicle safely!’’ Mr. Thomas reported that he has driven straight trucks for 8.5 years, accumulating 85,000 miles, and tractortrailer combinations for 8.5 years, accumulating 170,000 miles. He holds a Class A CDL from Texas. His driving record for the last 3 years shows no crashes and no convictions for moving violations in a CMV. Keith E. Thompson Mr. Thompson, 40, has a severed optic nerve in his left eye due to a traumatic incident in 1994. The visual acuity in his right eye is 20/20, and in his left eye, no light perception. Following an examination in 2014, his optometrist stated, ‘‘Mr. Thompson has fully adapted to his monocular condition using visual cues to fill in for binocular situations (i.e. size, occlusion etc.). In my professional opinion, he is capable in handling any commercial truck while driving.’’ Mr. Thompson reported that he has driven straight trucks for 21 years, accumulating 630,000 miles. He holds a Class A CDL from Missouri. His driving record for the last 3 years shows no crashes and no convictions for moving violations in a CMV. Jeffrey W. Tucker Mr. Tucker, 47, has had amblyopia in his left eye since childhood. The visual acuity in his right eye is 20/20, and in his left eye, 20/100. Following an VerDate Sep<11>2014 18:53 Apr 22, 2015 Jkt 235001 examination in 2014, his optometrist stated, ‘‘In my opinion, Mr. Tucker has sufficient vision to perform all driving tasks required to operate a commercial vehicle.’’ Mr. Tucker reported that he has driven straight trucks for 5 years, accumulating 130,000 miles. He holds a chauffeur’s license from Indiana. His driving record for the last 3 years shows no crashes and no convictions for moving violations in a CMV. Thomas W. Workman Mr. Workman, 63, has complete loss of vision in his left eye due to a traumatic incident in childhood. The visual acuity in his right eye is 20/20, and in his left eye, no light perception. Following an examination in 2014, his optometrist stated, ‘‘In my medical opinion, Thomas has sufficient vision to perform the driving tasks required to operate a commercial vehicle.’’ Mr. Workman reported that he has driven straight trucks for 45 years, accumulating 1.8 million miles. He holds a Class B CDL from Illinois. His driving record for the last 3 years shows no crashes and no convictions for moving violations in a CMV. III. Public Participation and Request for Comments FMCSA encourages you to participate by submitting comments and related materials. Submitting Comments If you submit a comment, please include the docket number for this notice, indicate the specific section of this document to which each comment applies, and provide a reason for each suggestion or recommendation. You may submit your comments and material online or by fax, mail, or hand delivery, but please use only one of these means. FMCSA recommends that you include your name and a mailing address, an email address, or a phone number in the body of your document so the Agency can contact you if it has questions regarding your submission. To submit your comment online, go to https://www.regulations.gov and put the docket number FMCSA–2014–0304 in the ‘‘Keyword’’ box, and click ‘‘Search. When the new screen appears, click on ‘‘Comment Now!’’ button and type your comment into the text box in the following screen. Choose whether you are submitting your comment as an individual or on behalf of a third party and then submit. 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. If you submit comments by mail and would PO 00000 Frm 00077 Fmt 4703 Sfmt 4703 22777 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 and may change this notice based on your comments. Viewing Comments and Documents To view comments, as well as documents mentioned in this preamble as being available in the docket, go to https://www.regulations.gov and insert the docket number FMCSA–2014–0304 in the ‘‘Keyword’’ box and click ‘‘Search.’’ Next, click ‘‘Open Docket Folder’’ button and choose the document listed to review. If you do not have access to the Internet, you may view the docket online by visiting the Docket Management Facility in Room W12–140 on the ground floor of the DOT West Building, 1200 New Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m., e.t., Monday through Friday, except Federal holidays. Issued On: April 17, 2015. Larry W. Minor, Associate Administrator for Policy. [FR Doc. 2015–09460 Filed 4–22–15; 8:45 am] BILLING CODE 4910–EX–P DEPARTMENT OF TRANSPORTATION Federal Railroad Administration [Docket Number FRA–2015–0022] Petition for Waiver of Compliance In accordance with Part 211 of Title 49 Code of Federal Regulations (CFR), this document provides the public notice that by a document dated March 2, 2015, the City of Fort Collins (City), Colorado, has 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 222, Use of Locomotive Horns at Public Highway-Rail Grade Crossings. FRA assigned the petition Docket Number FRA–2015–0022. The City intends to establish a quiet zone that is 1.6 miles in length, consisting of 12 public highway-rail grade crossings on the BNSF Railway in the downtown area. The City is seeking a waiver from the requirements of 49 CFR 222.35(b) in order to permit the use of automatic warning devices consisting of flashing lights at seven of the public highway-rail grade crossings instead of the required automatic warning devices consisting of flashing lights and gates. A copy of the petition, as well as any written communications concerning the E:\FR\FM\23APN1.SGM 23APN1 mstockstill on DSK4VPTVN1PROD with NOTICES 22778 Federal Register / Vol. 80, No. 78 / Thursday, April 23, 2015 / Notices 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: • Web site: https:// 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 June 8, 2015 will be considered by FRA before final action is taken. Comments received after that date will be considered as far as practicable. Anyone is able to 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.dot.gov/privacy. See also https:// www.regulations.gov/#!privacyNotice for the privacy notice of regulations.gov. VerDate Sep<11>2014 18:53 Apr 22, 2015 Jkt 235001 Issued in Washington, DC, on April 14, 2015. Ron Hynes, Director, Office of Technical Oversight. [FR Doc. 2015–09545 Filed 4–22–15; 8:45 am] BILLING CODE 4910–06–P DEPARTMENT OF TRANSPORTATION Federal Railroad Administration [FRA Safety Advisory 2015–02] Pipeline and Hazardous Materials Safety Administration [Docket No. PHMSA–2015–0118, Notice No. 15–11] Hazardous Materials: Information Requirements Related to the Transportation of Trains Carrying Specified Volumes of Flammable Liquids Federal Railroad Administration (FRA) and Pipeline and Hazardous Materials Safety Administration (PHMSA), DOT. ACTION: Notice of safety advisory. AGENCY: FRA and PHMSA are issuing this notice to remind railroads operating a ‘‘high hazard flammable train’’ (HHFT)—defined as a train comprised of 20 or more loaded tank cars of a Class 3 flammable liquid in a continuous block, or a train with 35 or more loaded tank cars of a Class 3 flammable liquid across the entire train—as well as the offerors of Class 3 flammable liquids transported on such trains, that certain information may be required by PHMSA and/or FRA personnel during the course of an investigation immediately following an accident. FOR FURTHER INFORMATION CONTACT: Karl Alexy, Staff Director, Hazardous Materials Division, Office of Technical Oversight, FRA, 1200 New Jersey Avenue SE., Washington, DC 20590; (202) 493–6245, or via email: karl.alexy@dot.gov; and Richard Raksnis, Director Field Services, Office of Hazardous Materials Safety, Pipeline and Hazardous Materials Safety Administration, U.S. Department of Transportation, 1200 New Jersey Ave. SE., Washington, DC 20590. Telephone (202) 366–4455 or, via-email: Richard.raksnis@dot.gov. SUPPLEMENTARY INFORMATION: Due to recent derailments involving HHFTs, FRA and PHMSA have conducted several post-accident investigations and wish to ensure that stakeholders are fully aware of each agency’s investigative authority and cooperate with agency personnel conducting such SUMMARY: PO 00000 Frm 00078 Fmt 4703 Sfmt 4703 investigations, where time is of the essence in gathering evidence. Therefore, PHMSA and FRA are issuing this Safety Advisory notice to remind railroads operating HHFTs, and offerors of Class 3 flammable liquids being transported aboard those trains, of their obligation to provide PHMSA and FRA, as expeditiously as possible, with information agency personnel need to conduct investigations immediately following an accident or incident. Federal law authorizes the Secretary of Transportation (Secretary) to investigate rail accidents. Among other things, related to railroad safety generally, the Department can subpoena witness testimony, inspect track, cars, and other equipment, and require (including by subpoena) the production of records and other evidence. 49 U.S.C. 20107, 20902 1 FRA’s regulations set forth its general accident investigation procedures at 49 CFR 225.31. Federal law also authorizes the Secretary to investigate accidents involving hazardous materials, 49 U.S.C. 5121, and in so doing require (including by subpoena) the production of records, inspect packages, and gather other evidence. Where Federal law requires the maintenance of records related to hazardous materials transportation, Section 5121 obligates those responsible for maintaining such records to provide them to DOT personnel during the course of such investigations. PHMSA has promulgated rules at 49 CFR part 109 establishing investigative procedures for that agency under this authority.2 The Secretary has also delegated FRA the authority to investigate rail accidents and incidents involving the transportation of hazardous material for compliance with the Federal hazardous materials transportation law (49 U.S.C. 5101 et seq.) and its implementing regulations. See 49 CFR 1.89(j). Stakeholder cooperation with a PHMSA or FRA investigation following an accident is critically important to transportation safety. Thus, PHMSA and FRA issue this joint Safety Advisory to remind stakeholders of their obligations to maintain and make available records concerning hazardous materials transportation in accordance with law and DOT regulations, and to explain that the following information is likely to prove important to PHMSA and FRA personnel during the course of an investigation—and thus should be 1 The FRA Administrator may exercise this investigative authority pursuant to a delegation from the Secretary. 49 CFR 1.88(c), 1.89(a). 2 The PHMSA Administrator may exercise this investigative authority pursuant to a delegation of the Secretary. 49 CFR 1.96 and 1.97. E:\FR\FM\23APN1.SGM 23APN1

Agencies

[Federal Register Volume 80, Number 78 (Thursday, April 23, 2015)]
[Notices]
[Pages 22777-22778]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-09545]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket Number FRA-2015-0022]


Petition for Waiver of Compliance

    In accordance with Part 211 of Title 49 Code of Federal Regulations 
(CFR), this document provides the public notice that by a document 
dated March 2, 2015, the City of Fort Collins (City), Colorado, has 
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 222, Use of Locomotive Horns at 
Public Highway-Rail Grade Crossings. FRA assigned the petition Docket 
Number FRA-2015-0022.
    The City intends to establish a quiet zone that is 1.6 miles in 
length, consisting of 12 public highway-rail grade crossings on the 
BNSF Railway in the downtown area. The City is seeking a waiver from 
the requirements of 49 CFR 222.35(b) in order to permit the use of 
automatic warning devices consisting of flashing lights at seven of the 
public highway-rail grade crossings instead of the required automatic 
warning devices consisting of flashing lights and gates.
    A copy of the petition, as well as any written communications 
concerning the

[[Page 22778]]

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:
     Web site: https://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 June 8, 2015 will be considered by FRA 
before final action is taken. Comments received after that date will be 
considered as far as practicable.
    Anyone is able to 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.dot.gov/privacy. 
See also https://www.regulations.gov/#!privacyNotice for the privacy 
notice of regulations.gov.

    Issued in Washington, DC, on April 14, 2015.
Ron Hynes,
Director, Office of Technical Oversight.
[FR Doc. 2015-09545 Filed 4-22-15; 8:45 am]
 BILLING CODE 4910-06-P

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