Petition for Waiver of Compliance, 24171-24172 [2016-09445]

Download as PDF asabaliauskas on DSK3SPTVN1PROD with NOTICES Federal Register / Vol. 81, No. 79 / Monday, April 25, 2016 / Notices merit and made a determination that these applicants do not satisfy the criteria eligibility or meet the terms and conditions of the Federal exemption program. Each applicant has, prior to this notice, received a letter of final disposition on the exemption request. Those decision letters fully outlined the basis for the denial and constitute final Agency action. The list published in this notice summarizes the Agency’s recent denials as required under 49 U.S.C. 31315(b)(4) by periodically publishing names and reasons for denial. The following 4 applicants did not have sufficient driving experience over the past 3 years under normal highway operating conditions: Bradlee J. Durham, Nolan B. Dykema, Jerry M. Elsberry, Jr., James A. Pugh. The following 23 applicants had no experience operating a CMV: Jeret D. Akers, Jose G. Alvarez, Cristian D. Berlingeri, Larry G. Buchanan, Enedino A. Burgos, Michael E. Carter, Shernard Cook, Benjamin J. Curtis, Larry L. Davis, Jr., Jesse J. DeRico, Brent I. Gruszka, Andrei I. Gusakov, Damian Klyza, Miriam Laing, Patrick N. Lancaster, Daniel F. Large, Curtis G. Myrah, Omar Orozco, Moises A. Portillo, Samuel C. Rodriguez, Mark J. Smithson, William B. Stiles, Sr., Michael H. Taylor. The following 22 applicants did not have 3 years of experience driving a CMV on public highways with their vision deficiencies: Osman M. Adanalic, Christopher L. Bolding, William H. Conley, Fernando Cuevas, Fred L. Curtis, Kurt D. Davis, Adriano De Vargas, Alex J. Demaree, Dennis C. Durstine, Howard G. Edgar, Hamid Ferdowsi, Eric S. Hill, Wayde J. Isbell, Lloyd H. Kiihn, Earl B. Moffatt, Bryan S. Moses, Ronald R. Regier, John A. Ruggiero, Timothy P. Ryan, Charles E. Schrecengost, Barney R. Stephens, Larry L. Stewart. The following 16 applicants did not have 3 years of recent experience driving a CMV with the vision deficiency: John F. Armstrong, Gerald L. Barber, Daniel J. Council, Helmut Danecker, Anthony R. Dirjan, David N. Groves, Antonio A. Jackson, Herman R. Lee, Jr., Robert C. Mason, Wayne C. Merry, Sherard L. Orange, Daniel D. Sandoval, Edward V. Skowronski, Colby T. Smith, Kenneth L. Sutphin, Bryan H. Walker. The following 12 applicants did not have sufficient driving experience during the past 3 years under normal highway operating conditions: Joshua L. Arnold, Kevin D. Duffy, Thomas M. Hallwig, Gabriel L. Harrison, Richard K. Hemmingsen, Gerardo Hernandez, Raul T. Leiva, Nathan M. Magaard, Mark VerDate Sep<11>2014 19:02 Apr 22, 2016 Jkt 238001 Paugh, Gregory M. Quilling, Chad M. Smith, Jeffrey L. Tanner. The following 2 applicants had their commercial driver’s licenses suspended during the previous 3-year period: Michael J. Achille, Tydrick D. Brooks. The following 3 applicants contributed to an accident(s) while operating a CMV: Thomas R. Abbott, Timothy L. Bauman, Randy J. Miller. The following applicant, Thomas D. Jacobsen, did not hold a license which allowed operation of vehicles over 26,000 lbs. for all or part of the previous 3-year period. The following applicant, Toby L. Simmons, did not have an optometrist or ophthalmologist willing to make a statement that they are able to operate a commercial vehicle from a vision standpoint. The following 9 applicants were denied for multiple reasons: Joseph D. Allen, Dennis M. Coley, Timothy W. Detweiler, Hector O. Flores, Jonathan M. Gilligan, David P. Mello, Edward R. Slater, Hawthorne B. Smith, Thomas D. Walsh. The following applicant, Christopher D. Boyd, did not have stable vision for the entire 3-year period. The following 13 applicants met the current federal vision standards. Exemptions are not required for applicants who meet the current regulations for vision: Hani Abiyounes, Kendall K. Chandler, Chad A. Curtis, Shorty Ellis, Karl D. Graves, Carl Groves, Alexander J. Hartelust, Lark M. Hartsock, James E. Jordon, Dorvin R. Neuberger, Peter J. Niedzwiecki, Raimer A. Paredes-Escano, Timothy T. Tyree. The following 3 applicants drove interstate while restricted to intrastate: Adrienne J. Allen, James L. Jones, Troy A. Stephens. The following 19 applicants will not be driving interstate, interstate commerce, or are not required to carry a DOT medical card: Gary W. Brockway, Fredrick Brown, Richard C. Brust, Joseph L. Cohea, Robert L. Damron, James E. Donaldson, Richard Duran, Freddie M. Henderson, Brian D. Hoover, Ron E. Hullett, Walter J. Jurczak, Keith Kebschull, Charles J. Kruggel, Lois J. Mahar, Dustin M. Mills, Wilbur Robinson, Jr., Robert G. Schoenborn, Phillip J. Will, James L. Yingst. Finally, the following 8 applicants perform transportation for the federal government, state, or any political subdivision of the state. Randy L. Coney, Rodriquez D. Evans, Jose A. Flores, Ira D. Manuelito, Steven C. Myers, Leif H. Stensrud, Joshua E. Weicht, Aaron E. Zelmer. PO 00000 Frm 00120 Fmt 4703 Sfmt 4703 24171 Issued on: April 18, 2016. Larry W. Minor, Associate Administrator for Policy. [FR Doc. 2016–09529 Filed 4–22–16; 8:45 am] BILLING CODE 4910–EX–P DEPARTMENT OF TRANSPORTATION Federal Railroad Administration [Docket Number FRA–2015–0019] 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 February 11, 2016, Norfolk Southern Railway (NS) requested that the Federal Railroad Administration (FRA) Railroad Safety Board (Board) approve an amendment to its existing waiver in order to expand the territory inspected pursuant to its nonstop continuous rail testing process. The projected starting date for implementing the expansion would be March 1, 2016, and the testing process would continue up to July 1, 2018. The original waiver grants relief from 49 CFR 213.113(a) and allows NS to perform a continuous rail test process on certain designated tracks in lieu of the stop/start rail testing required by the regulation. NS is currently using nonstop continuous testing on the main tracks of the Dearborn Division, Chicago Line (Cleveland, OH, to Chicago, IL, Milepost (MP) CD 181.2–523.3)). Once this district has been completed, NS would expand the continuous testing process to the following locations: (1) Dearborn Division Cleveland Line (Ravenna to Drawbridge, MP RD 85.9– 123.2), Chicago District (Chicago, IL, to Hobart, IN, MP B 518.7–486.5), Lake Erie District (Euclid to Bay Village, B 172.0–197.3); (2) Lake Division Chicago, Fostoria, and Cleveland Districts (Hobart, IN, to Bay Village, OH, MPB 486.5–197.3); (3) Pittsburgh Division, Fort Wayne Line (Pittsburgh, PA, to Crestline, OH, MP PC 0.0–188.7), Pittsburgh Line (Pittsburgh, PA, to CP Cannon MP, PT 353.5–119.1), Conemaugh Line (CP Conpit to CP Penn MP LC 0.0–77.9), Lake Erie District (Euclid to Ashtabula, B 172.0–129.2), Cleveland Line (Ravenna to Alliance, MP RD 85.9–67.2); and (4) Harrisburg Division, Pittsburgh Line (Harris to CP Cannon, MP PT 104.9–119.1), Harrisburg Line (Falls to Harrisburg, PA, MP HP 5.2–112.9), Port Road Branch (Port to Banks, MP EP 33.7–76.1 and Perryville to Port, MP PD 0.3–39.7). The expanded inspection territories include: Central Division, Cincinnati, E:\FR\FM\25APN1.SGM 25APN1 asabaliauskas on DSK3SPTVN1PROD with NOTICES 24172 Federal Register / Vol. 81, No. 79 / Monday, April 25, 2016 / Notices New Orleans and Texas Pacific Railway (Cincinnati, OH, to Chattanooga, TN, MP 2.46–338.2 Tracks 1 and 2); Georgia Division Atlanta, North District (Chattanooga, TN, to Atlanta, GA, MP 226.68–235.07 A and 15.12–158.8 H Tracks 1 and 2); Dearborn Division, Detroit District (Detroit, MI, to Butler, IN, MP D 1.4–116.0); and Lake Division, New Castle District (Mill, OH, to Ft. Wayne, IN, MP CF 16.5–185.8). NS plans to test the expanded territories approximately every 30 to 45 days. The nonstop continuous rail test vehicle is a self-propelled ultrasonic/ induction rail flaw detection vehicle operating at test speeds up to 30 mph. Upon completion of each daily run, data is analyzed offline by technical experts experienced with the process on other Class I railroads. The analysis categorizes and prioritizes suspect locations for post-test field verification and hand tests. Field verification is conducted by qualified and certified rail test professionals with recordable field validation equipment based on GPS location and known track features identified within the flaw detection electronic record. Remedial actions are applied based on the findings per 49 CFR 213.113 for confirmed rail defect locations. NS’ Engineering Department will continue to provide FRA’s Rail Integrity office with rail test reports for review as required. NS believes expansion of the nonstop continuous rail testing to additional territory will continue to provide the capability to test track more quickly and frequently, and minimize the risk of rail service failures. 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 (DOT) 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 (e.g., Waiver Petition Docket Number FRA–2015– VerDate Sep<11>2014 19:02 Apr 22, 2016 Jkt 238001 0019) 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 9, 2016 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. Robert C. Lauby, Associate Administrator for Railroad Safety, Chief Safety Officer. [FR Doc. 2016–09445 Filed 4–22–16; 8:45 am] BILLING CODE 4910–06–P DEPARTMENT OF TRANSPORTATION Federal Railroad Administration [Docket Number FRA–2000–7137] 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 February 24, 2016, San Diego Trolley Incorporated (SDTI) petitioned the Federal Railroad Administration (FRA) for a supplemental waiver of compliance from certain additional provisions of the Federal railroad safety regulations contained in various parts of Title 49 of the CFR. FRA assigned the petition to Docket Number FRA–2000– 7137. PO 00000 Frm 00121 Fmt 4703 Sfmt 4703 SDTI seeks a 5-year extension of its existing waiver, as well as a waiver of additional regulations, for certain portions of its light rail transit operations which employ temporal separation in order to safely share track with the general railroad system’s San Diego and Imperial Valley Railroad. Contiguous to the shared trackage are portions with limited connections, which include a small shared corridor with BNSF Railway freight service and Coaster commuter train service (Coaster also shares a storage yard with SDTI). FRA granted SDTI its initial waiver on January 19, 2001, which was extended for 5 years on September 11, 2006, to include minor operational changes. The waiver was most recently extended for 5 years on June 22, 2011, to include updating CFR section changes made since 2006. In 2012, SDTI received a separate waiver from FRA to operate its SD100 and S70 rolling stock at speeds that generate cant deficiency not exceeding 6 inches on its Orange Line joint use trackage (see Docket Number FRA–2012–0088). To simplify matters, SDTI now requests that the relief in both dockets be baselined into Docket Number FRA–2000–7137. After consulting with FRA during an onsite meeting on March 24, 2016, SDTI is requesting additional relief from the following regulatory sections: 49 CFR part 214, subpart C, Roadway Worker Protection; part 228, subpart F, Substantive Hours of Service Requirements for Train Employees Engaged in Commuter or Intercity Rail Passenger Transportation; and part 242, Qualification and Certification of Conductors. 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 (DOT) 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 E:\FR\FM\25APN1.SGM 25APN1

Agencies

[Federal Register Volume 81, Number 79 (Monday, April 25, 2016)]
[Notices]
[Pages 24171-24172]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-09445]


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

DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket Number FRA-2015-0019]


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 February 11, 2016, Norfolk Southern Railway (NS) requested that 
the Federal Railroad Administration (FRA) Railroad Safety Board (Board) 
approve an amendment to its existing waiver in order to expand the 
territory inspected pursuant to its nonstop continuous rail testing 
process. The projected starting date for implementing the expansion 
would be March 1, 2016, and the testing process would continue up to 
July 1, 2018.
    The original waiver grants relief from 49 CFR 213.113(a) and allows 
NS to perform a continuous rail test process on certain designated 
tracks in lieu of the stop/start rail testing required by the 
regulation. NS is currently using nonstop continuous testing on the 
main tracks of the Dearborn Division, Chicago Line (Cleveland, OH, to 
Chicago, IL, Milepost (MP) CD 181.2-523.3)). Once this district has 
been completed, NS would expand the continuous testing process to the 
following locations: (1) Dearborn Division Cleveland Line (Ravenna to 
Drawbridge, MP RD 85.9-123.2), Chicago District (Chicago, IL, to 
Hobart, IN, MP B 518.7-486.5), Lake Erie District (Euclid to Bay 
Village, B 172.0-197.3); (2) Lake Division Chicago, Fostoria, and 
Cleveland Districts (Hobart, IN, to Bay Village, OH, MPB 486.5-197.3); 
(3) Pittsburgh Division, Fort Wayne Line (Pittsburgh, PA, to Crestline, 
OH, MP PC 0.0-188.7), Pittsburgh Line (Pittsburgh, PA, to CP Cannon MP, 
PT 353.5-119.1), Conemaugh Line (CP Conpit to CP Penn MP LC 0.0-77.9), 
Lake Erie District (Euclid to Ashtabula, B 172.0-129.2), Cleveland Line 
(Ravenna to Alliance, MP RD 85.9-67.2); and (4) Harrisburg Division, 
Pittsburgh Line (Harris to CP Cannon, MP PT 104.9-119.1), Harrisburg 
Line (Falls to Harrisburg, PA, MP HP 5.2-112.9), Port Road Branch (Port 
to Banks, MP EP 33.7-76.1 and Perryville to Port, MP PD 0.3-39.7).
    The expanded inspection territories include: Central Division, 
Cincinnati,

[[Page 24172]]

New Orleans and Texas Pacific Railway (Cincinnati, OH, to Chattanooga, 
TN, MP 2.46-338.2 Tracks 1 and 2); Georgia Division Atlanta, North 
District (Chattanooga, TN, to Atlanta, GA, MP 226.68-235.07 A and 
15.12-158.8 H Tracks 1 and 2); Dearborn Division, Detroit District 
(Detroit, MI, to Butler, IN, MP D 1.4-116.0); and Lake Division, New 
Castle District (Mill, OH, to Ft. Wayne, IN, MP CF 16.5-185.8). NS 
plans to test the expanded territories approximately every 30 to 45 
days.
    The nonstop continuous rail test vehicle is a self-propelled 
ultrasonic/induction rail flaw detection vehicle operating at test 
speeds up to 30 mph. Upon completion of each daily run, data is 
analyzed offline by technical experts experienced with the process on 
other Class I railroads. The analysis categorizes and prioritizes 
suspect locations for post-test field verification and hand tests. 
Field verification is conducted by qualified and certified rail test 
professionals with recordable field validation equipment based on GPS 
location and known track features identified within the flaw detection 
electronic record. Remedial actions are applied based on the findings 
per 49 CFR 213.113 for confirmed rail defect locations.
    NS' Engineering Department will continue to provide FRA's Rail 
Integrity office with rail test reports for review as required. NS 
believes expansion of the nonstop continuous rail testing to additional 
territory will continue to provide the capability to test track more 
quickly and frequently, and minimize the risk of rail service failures.
    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 (DOT) 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 (e.g., Waiver Petition Docket Number FRA-
2015-0019) 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 9, 2016 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.

Robert C. Lauby,
Associate Administrator for Railroad Safety, Chief Safety Officer.
[FR Doc. 2016-09445 Filed 4-22-16; 8:45 am]
BILLING CODE 4910-06-P

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