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
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