Petition for Extension of Waiver of Compliance, 106730-106731 [2024-31055]
Download as PDF
106730
Federal Register / Vol. 89, No. 249 / Monday, December 30, 2024 / Notices
ddrumheller on DSK120RN23PROD with NOTICES1
the specific section of this document to
which the comment applies, and
provide a reason for your suggestions or
recommendations. 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
www.regulations.gov and put the docket
number ‘‘FMCSA–2024–0289’’ in the
‘‘Keyword’’ box, and click ‘‘Search.’’
When the new screen appears, click on
the ‘‘Comment’’ 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
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.
CBI will be placed in the public docket
for this notice.
Confidential Business Information (CBI)
II. Legal Basis
FMCSA has authority under 49 U.S.C.
31136(e) and 31315(b) to grant
exemptions from 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 the applicant’s safety
analyses. The Agency must 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 Agency must publish its decision in
the Federal Register (49 CFR
381.315(b)). If granted, the notice will
identify the regulatory provision(s) 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
reasons for the denial (49 CFR
381.315(c)(2)). The exemption may be
renewed (49 CFR 381.300(b)).
CBI is commercial or financial
information that is both customarily and
actually treated as private by its owner.
Under the Freedom of Information Act
(5 U.S.C. 552), CBI is exempt from
public disclosure. If your comments
responsive to the notice contain
commercial or financial information
that is customarily treated as private,
that you actually treat as private, and
that is relevant or responsive to the
notice, it is important that you clearly
designate the submitted comments as
CBI. Please mark each page of your
submission that constitutes CBI as
‘‘PROPIN’’ to indicate it contains
proprietary information. FMCSA will
treat such marked submissions as
confidential under the Freedom of
Information Act, and they will not be
placed in the public docket of the
notice. Submissions containing CBI
should be sent to Brian Dahlin, Chief,
Regulatory Evaluation Division, Office
of Policy, FMCSA, 1200 New Jersey
Avenue SE, Washington, DC 20590–
0001 or via email at brian.g.dahlin@
dot.gov. At this time, you need not send
a duplicate hardcopy of your electronic
CBI submissions to FMCSA
headquarters. Any comments FMCSA
receives not specifically designated as
III. Applicant’s Request
The State of Hawaii seeks a five-year
exemption from the requirements in 49
CFR 383.113(c) that an applicant for a
CDL must demonstrate the ability to
signal appropriately when changing
direction in traffic and the ability to
choose a safe gap for changing lanes,
passing other vehicles, and crossing or
entering traffic (49 CFR 383.113(c)(2)
and (4)). The Agency granted this same
relief to Hawaii on February 20, 2024,
until February 20, 2026 (89 FR 12940).
Hawaii maintains that the islands of
Lanai and Molokai do not have at least
two miles of a straight section of urban
business street and at least two miles of
an expressway or highway section with
multiple lanes going in each direction to
allow the ability to legally change lanes.
The applicant states that there are no
plans to change the infrastructure to
include sections of roadway meeting
these parameters prior to the expiration
date of the current exemption.
The applicant further requests
regulatory relief for any provider of
ELDT BTW public road training on
these islands from full compliance with
the ELDT requirements in 49 CFR part
380, appendix A and B. Specifically, the
applicant requests relief from Unit A3.1
VerDate Sep<11>2014
23:58 Dec 27, 2024
Jkt 265001
PO 00000
Frm 00325
Fmt 4703
Sfmt 4703
of the class A CDL training curriculum,
and Unit B3.1 of the Class B CDL
training curriculum. Both units are
titled, ‘‘Vehicle Controls Including: Left
Turns, Right Turns, Lane Changes,
Curves at Highway Speeds, and Entry
and Exit on the Interstate or Controlled
Access Highway.’’
A copy of the State of Hawaii’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
the State of Hawaii’s application for an
exemption. FMCSA specifically requests
comment on whether the Agency should
withdraw the applicant’s existing
exemption that expires on February 20,
2026 (89 FR 12940) and grant a new
five-year exemption from the same
requirements in 49 CFR 383.113(c) and
the requested regulatory relief to
providers of ELDT BTW public road
training on the islands of Lanai and
Molokai. 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. 2024–31267 Filed 12–27–24; 8:45 am]
BILLING CODE 4910–EX–P
DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
[Docket Number FRA–2009–0072]
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 October 8, 2024, Tri-County
Metropolitan Transportation District of
Oregon (TriMet) 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
E:\FR\FM\30DEN1.SGM
30DEN1
ddrumheller on DSK120RN23PROD with NOTICES1
Federal Register / Vol. 89, No. 249 / Monday, December 30, 2024 / Notices
49 CFR part 222 (Use of Locomotive
Horns at Public Highway-Rail Grade
Crossings). The relevant Docket Number
is FRA–2009–0072.
Specifically, TriMet seeks an
extension of relief from §§ 222.21(a) and
222.21(b)(2), which require locomotive
horns to be sounded when approaching
public highway-rail grade crossings,
using the ‘‘long-long-short-long’’ pattern
that begins 15 to 20 seconds before the
locomotive reaches the crossing, but no
further than 1⁄4 mile from the crossing.
The current waiver permits TriMet to
use a 60 dB(A) locomotive bell in lieu
of the locomotive horn at three crossings
on the Lombard segment of TriMet’s
Westside Express Service (WES) in
Beaverton, Oregon.
In support of its petition, TriMet
stated that the three crossings are
equipped with flashing lights, bells, and
either traffic signals or crossing gates.
Further, TriMet stated that ‘‘WES train
speeds are positively enforced at a
maximum of 10 [miles per hour] along
the Lombard segment,’’ which includes
the three crossings. TriMet additionally
noted that the waiver relief ‘‘has not
been the cause of any accidents, nor has
it created any safety hazards at or near
the specified crossings.’’
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 www.regulations.gov.
Follow the online instructions for
submitting comments.
Communications received by
February 28, 2025 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 the
U.S. Department of Transportation’s
(DOT) 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
VerDate Sep<11>2014
23:58 Dec 27, 2024
Jkt 265001
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. 2024–31055 Filed 12–27–24; 8:45 am]
BILLING CODE 4910–06–P
DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
[Docket Number FRA–2007–28340]
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 October 14, 2024, and December
13, 2024, Union Pacific Railroad
Company (UP) 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 parts 215 (Railroad Freight Car
Safety Standards) and 232 (Brake
System Safety Standards for Freight and
Other Non-Passenger Trains and
Equipment; End-of-Train Devices). The
relevant Docket Number is FRA–2007–
28340.
Specifically, UP seeks an extension of
relief from part 215 and § 232.205(a)(1),
Class I brake test—initial terminal
inspection, to move freight cars received
in interchange from Kansas City
Southern de Mexico at the West Rail
International Bridge, located west of
Brownsville, Texas, to Olmito, Texas.
The required inspections are conducted
at the Olmito yard, which is 5.65 miles
north of the bridge.
In support of its petition, UP stated
that the movement ‘‘expedit[es] any
delays caused by port of entry
inspections and allow[s] a more efficient
use of the bridge window.’’ UP added
that completing inspections and testing
of equipment at Olmito is ‘‘safer/more
secure than attempting it on the bridge
precisely at the US border line,’’ as the
‘‘Olmito facility infrastructure supports
inspections, and repair associated
activities, including switching out bad
PO 00000
Frm 00326
Fmt 4703
Sfmt 4703
106731
orders.’’ Finally, UP noted that the relief
avoids ‘‘unnecessary public disruptions
within the city of Brownsville, [Texas],
including, but not limited to,
excessively blocked crossings’’ as well
as ‘‘alleviates undue additional
locomotive emissions from excessive
idling times.’’
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 www.regulations.gov.
Follow the online instructions for
submitting comments.
Communications received by
February 28, 2025 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 the
U.S. Department of Transportation’s
(DOT) 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. 2024–31042 Filed 12–27–24; 8:45 am]
BILLING CODE 4910–06–P
E:\FR\FM\30DEN1.SGM
30DEN1
Agencies
[Federal Register Volume 89, Number 249 (Monday, December 30, 2024)]
[Notices]
[Pages 106730-106731]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-31055]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
[Docket Number FRA-2009-0072]
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 October 8, 2024, Tri-County
Metropolitan Transportation District of Oregon (TriMet) 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
[[Page 106731]]
49 CFR part 222 (Use of Locomotive Horns at Public Highway-Rail Grade
Crossings). The relevant Docket Number is FRA-2009-0072.
Specifically, TriMet seeks an extension of relief from Sec. Sec.
222.21(a) and 222.21(b)(2), which require locomotive horns to be
sounded when approaching public highway-rail grade crossings, using the
``long-long-short-long'' pattern that begins 15 to 20 seconds before
the locomotive reaches the crossing, but no further than \1/4\ mile
from the crossing. The current waiver permits TriMet to use a 60 dB(A)
locomotive bell in lieu of the locomotive horn at three crossings on
the Lombard segment of TriMet's Westside Express Service (WES) in
Beaverton, Oregon.
In support of its petition, TriMet stated that the three crossings
are equipped with flashing lights, bells, and either traffic signals or
crossing gates. Further, TriMet stated that ``WES train speeds are
positively enforced at a maximum of 10 [miles per hour] along the
Lombard segment,'' which includes the three crossings. TriMet
additionally noted that the waiver relief ``has not been the cause of
any accidents, nor has it created any safety hazards at or near the
specified crossings.''
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 www.regulations.gov.
Follow the online instructions for submitting comments.
Communications received by February 28, 2025 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 the U.S. Department of
Transportation's (DOT) 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. 2024-31055 Filed 12-27-24; 8:45 am]
BILLING CODE 4910-06-P