80_FR_22855 80 FR 22777 - Petition for Waiver of Compliance

80 FR 22777 - Petition for Waiver of Compliance

DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration

Federal Register Volume 80, Issue 78 (April 23, 2015)

Page Range22777-22778
FR Document2015-09545

Federal Register, Volume 80 Issue 78 (Thursday, April 23, 2015) 
[Federal Register Volume 80, Number 78 (Thursday, April 23, 2015)]
[Notices]
[Pages 22777-22778]
From the Federal Register Online  [www.thefederalregister.org]
[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: http://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 http://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

Federal Register / Vol. 80, No. 78 / Thursday, April 23, 2015 / Notices 22777 no crashes and no convictions for examination in 2014, his optometrist like to know that they reached the moving violations in a CMV. stated, ‘‘In my opinion, Mr. Tucker has facility, please enclose a stamped, self- sufficient vision to perform all driving addressed postcard or envelope. Steven M. Tewhill tasks required to operate a commercial FMCSA will consider all comments Mr. Tewhill, 49, has had ocular vehicle.’’ Mr. Tucker reported that he and material received during the histoplasmosis in his left eye since has driven straight trucks for 5 years, comment period and may change this 2007. The visual acuity in his right eye accumulating 130,000 miles. He holds a notice based on your comments. is 20/20, and in his left eye, 20/150. chauffeur’s license from Indiana. His Following an examination in 2014, his driving record for the last 3 years shows Viewing Comments and Documents optometrist stated, ‘‘After thorough no crashes and no convictions for To view comments, as well as examination, it is my professional moving violations in a CMV. documents mentioned in this preamble opinion that Mr. Tewhill has sufficient as being available in the docket, go to vision to perform his driving tasks to Thomas W. Workman http://www.regulations.gov and insert operate a commercial vehicle.’’ Mr. Mr. Workman, 63, has complete loss the docket number FMCSA–2014–0304 Tewhill reported that he has driven of vision in his left eye due to a in the ‘‘Keyword’’ box and click straight trucks for 32 years, traumatic incident in childhood. The ‘‘Search.’’ Next, click ‘‘Open Docket accumulating 16,000 miles, and tractor- visual acuity in his right eye is 20/20, Folder’’ button and choose the trailer combinations for 10 years, and in his left eye, no light perception. document listed to review. If you do not accumulating 10,200 miles. He holds a Following an examination in 2014, his have access to the Internet, you may Class A CDL from Arkansas. His driving optometrist stated, ‘‘In my medical view the docket online by visiting the record for the last 3 years shows no opinion, Thomas has sufficient vision to Docket Management Facility in Room crashes and no convictions for moving perform the driving tasks required to W12–140 on the ground floor of the violations in a CMV. operate a commercial vehicle.’’ Mr. DOT West Building, 1200 New Jersey Workman reported that he has driven Avenue SE., Washington, DC 20590, Brett E. Thomas straight trucks for 45 years, between 9 a.m. and 5 p.m., e.t., Monday Mr. Thomas, 46, has had amblyopia in accumulating 1.8 million miles. He through Friday, except Federal holidays. his left eye since birth. The visual acuity holds a Class B CDL from Illinois. His Issued On: April 17, 2015. in his right eye is 20/20, and in his left driving record for the last 3 years shows eye, 20/50. Following an examination in Larry W. Minor, no crashes and no convictions for 2014, his optometrist stated, ‘‘His vision moving violations in a CMV. Associate Administrator for Policy. is great, and he is able to sufficiently [FR Doc. 2015–09460 Filed 4–22–15; 8:45 am] able to operate a commercial vehicle III. Public Participation and Request for BILLING CODE 4910–EX–P safely!’’ Mr. Thomas reported that he Comments has driven straight trucks for 8.5 years, FMCSA encourages you to participate accumulating 85,000 miles, and tractor- by submitting comments and related DEPARTMENT OF TRANSPORTATION trailer combinations for 8.5 years, materials. accumulating 170,000 miles. He holds a Federal Railroad Administration Submitting Comments Class A CDL from Texas. His driving [Docket Number FRA–2015–0022] record for the last 3 years shows no If you submit a comment, please crashes and no convictions for moving include the docket number for this Petition for Waiver of Compliance violations in a CMV. notice, indicate the specific section of this document to which each comment In accordance with Part 211 of Title Keith E. Thompson applies, and provide a reason for each 49 Code of Federal Regulations (CFR), Mr. Thompson, 40, has a severed suggestion or recommendation. You this document provides the public optic nerve in his left eye due to a may submit your comments and notice that by a document dated March traumatic incident in 1994. The visual material online or by fax, mail, or hand 2, 2015, the City of Fort Collins (City), acuity in his right eye is 20/20, and in delivery, but please use only one of Colorado, has petitioned the Federal his left eye, no light perception. these means. FMCSA recommends that Railroad Administration (FRA) for a Following an examination in 2014, his you include your name and a mailing waiver of compliance from certain optometrist stated, ‘‘Mr. Thompson has address, an email address, or a phone provisions of the Federal railroad safety fully adapted to his monocular number in the body of your document regulations contained at 49 CFR part condition using visual cues to fill in for so the Agency can contact you if it has 222, Use of Locomotive Horns at Public binocular situations (i.e. size, occlusion questions regarding your submission. Highway-Rail Grade Crossings. FRA etc.). In my professional opinion, he is To submit your comment online, go to assigned the petition Docket Number capable in handling any commercial http://www.regulations.gov and put the FRA–2015–0022. truck while driving.’’ Mr. Thompson docket number FMCSA–2014–0304 in The City intends to establish a quiet reported that he has driven straight the ‘‘Keyword’’ box, and click ‘‘Search. zone that is 1.6 miles in length, trucks for 21 years, accumulating When the new screen appears, click on consisting of 12 public highway-rail 630,000 miles. He holds a Class A CDL ‘‘Comment Now!’’ button and type your grade crossings on the BNSF Railway in from Missouri. His driving record for comment into the text box in the the downtown area. The City is seeking the last 3 years shows no crashes and no following screen. Choose whether you a waiver from the requirements of 49 mstockstill on DSK4VPTVN1PROD with NOTICES convictions for moving violations in a are submitting your comment as an CFR 222.35(b) in order to permit the use CMV. individual or on behalf of a third party of automatic warning devices consisting and then submit. If you submit your of flashing lights at seven of the public Jeffrey W. Tucker comments by mail or hand delivery, highway-rail grade crossings instead of Mr. Tucker, 47, has had amblyopia in submit them in an unbound format, no the required automatic warning devices his left eye since childhood. The visual larger than 81⁄2 by 11 inches, suitable for consisting of flashing lights and gates. acuity in his right eye is 20/20, and in copying and electronic filing. If you A copy of the petition, as well as any his left eye, 20/100. Following an submit comments by mail and would written communications concerning the VerDate Sep<11>2014 18:53 Apr 22, 2015 Jkt 235001 PO 00000 Frm 00077 Fmt 4703 Sfmt 4703 E:\FR\FM\23APN1.SGM 23APN1

22778 Federal Register / Vol. 80, No. 78 / Thursday, April 23, 2015 / Notices petition, is available for review online at Issued in Washington, DC, on April 14, investigations, where time is of the www.regulations.gov and in person at 2015. essence in gathering evidence. the U.S. Department of Transportation’s Ron Hynes, Therefore, PHMSA and FRA are issuing Docket Operations Facility, 1200 New Director, Office of Technical Oversight. this Safety Advisory notice to remind Jersey Avenue SE., W12–140, [FR Doc. 2015–09545 Filed 4–22–15; 8:45 am] railroads operating HHFTs, and offerors Washington, DC 20590. The Docket BILLING CODE 4910–06–P of Class 3 flammable liquids being Operations Facility is open from 9 a.m. transported aboard those trains, of their to 5 p.m., Monday through Friday, obligation to provide PHMSA and FRA, except Federal Holidays. DEPARTMENT OF TRANSPORTATION as expeditiously as possible, with information agency personnel need to Interested parties are invited to Federal Railroad Administration conduct investigations immediately participate in these proceedings by following an accident or incident. submitting written views, data, or [FRA Safety Advisory 2015–02] Federal law authorizes the Secretary comments. FRA does not anticipate of Transportation (Secretary) to Pipeline and Hazardous Materials scheduling a public hearing in Safety Administration investigate rail accidents. Among other connection with these proceedings since things, related to railroad safety the facts do not appear to warrant a [Docket No. PHMSA–2015–0118, Notice No. generally, the Department can subpoena hearing. If any interested party desires 15–11] witness testimony, inspect track, cars, an opportunity for oral comment, they and other equipment, and require Hazardous Materials: Information should notify FRA, in writing, before (including by subpoena) the production Requirements Related to the the end of the comment period and of records and other evidence. 49 U.S.C. Transportation of Trains Carrying 20107, 20902 1 FRA’s regulations set specify the basis for their request. Specified Volumes of Flammable forth its general accident investigation All communications concerning these Liquids procedures at 49 CFR 225.31. proceedings should identify the Federal law also authorizes the appropriate docket number and may be AGENCY: Federal Railroad Administration (FRA) and Pipeline and Secretary to investigate accidents submitted by any of the following involving hazardous materials, 49 Hazardous Materials Safety methods: U.S.C. 5121, and in so doing require Administration (PHMSA), DOT. • Web site: http:// ACTION: Notice of safety advisory. (including by subpoena) the production www.regulations.gov. Follow the online of records, inspect packages, and gather instructions for submitting comments. SUMMARY: FRA and PHMSA are issuing other evidence. Where Federal law requires the maintenance of records • Fax: 202–493–2251. this notice to remind railroads operating a ‘‘high hazard flammable train’’ related to hazardous materials • Mail: Docket Operations Facility, transportation, Section 5121 obligates (HHFT)—defined as a train comprised U.S. Department of Transportation, 1200 of 20 or more loaded tank cars of a Class those responsible for maintaining such New Jersey Avenue SE., W12–140, 3 flammable liquid in a continuous records to provide them to DOT Washington, DC 20590. block, or a train with 35 or more loaded personnel during the course of such • Hand Delivery: 1200 New Jersey tank cars of a Class 3 flammable liquid investigations. PHMSA has promulgated Avenue SE., Room W12–140, across the entire train—as well as the rules at 49 CFR part 109 establishing Washington, DC 20590, between 9 a.m. offerors of Class 3 flammable liquids investigative procedures for that agency and 5 p.m., Monday through Friday, transported on such trains, that certain under this authority.2 The Secretary has except Federal Holidays. information may be required by PHMSA also delegated FRA the authority to and/or FRA personnel during the course investigate rail accidents and incidents Communications received by June 8, involving the transportation of 2015 will be considered by FRA before of an investigation immediately following an accident. hazardous material for compliance with final action is taken. Comments received the Federal hazardous materials after that date will be considered as far FOR FURTHER INFORMATION CONTACT: Karl transportation law (49 U.S.C. 5101 et as practicable. Alexy, Staff Director, Hazardous seq.) and its implementing regulations. Materials Division, Office of Technical See 49 CFR 1.89(j). Stakeholder Anyone is able to search the Oversight, FRA, 1200 New Jersey electronic form of any written cooperation with a PHMSA or FRA Avenue SE., Washington, DC 20590; investigation following an accident is communications and comments (202) 493–6245, or via email: received into any of our dockets by the critically important to transportation karl.alexy@dot.gov; and Richard safety. Thus, PHMSA and FRA issue name of the individual submitting the Raksnis, Director Field Services, Office comment (or signing the document, if this joint Safety Advisory to remind of Hazardous Materials Safety, Pipeline stakeholders of their obligations to submitted on behalf of an association, and Hazardous Materials Safety maintain and make available records business, labor union, etc.). In Administration, U.S. Department of concerning hazardous materials accordance with 5 U.S.C. 553(c), DOT Transportation, 1200 New Jersey Ave. transportation in accordance with law solicits comments from the public to SE., Washington, DC 20590. Telephone and DOT regulations, and to explain better inform its processes. DOT posts (202) 366–4455 or, via-email: that the following information is likely these comments, without edit, including Richard.raksnis@dot.gov. to prove important to PHMSA and FRA any personal information the mstockstill on DSK4VPTVN1PROD with NOTICES SUPPLEMENTARY INFORMATION: Due to personnel during the course of an commenter provides, to recent derailments involving HHFTs, investigation—and thus should be www.regulations.gov, as described in FRA and PHMSA have conducted the system of records notice (DOT/ALL– several post-accident investigations and 1 The FRA Administrator may exercise this 14 FDMS), which can be reviewed at wish to ensure that stakeholders are investigative authority pursuant to a delegation from the Secretary. 49 CFR 1.88(c), 1.89(a). www.dot.gov/privacy. See also http:// fully aware of each agency’s 2 The PHMSA Administrator may exercise this www.regulations.gov/#!privacyNotice investigative authority and cooperate investigative authority pursuant to a delegation of for the privacy notice of regulations.gov. with agency personnel conducting such the Secretary. 49 CFR 1.96 and 1.97. VerDate Sep<11>2014 18:53 Apr 22, 2015 Jkt 235001 PO 00000 Frm 00078 Fmt 4703 Sfmt 4703 E:\FR\FM\23APN1.SGM 23APN1


Document Created: 2015-12-16 08:41:54
Document Modified: 2015-12-16 08:41:54
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
FR Citation80 FR 22777 
2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR