106730 Federal Register / Vol. 89, No. 249 / Monday, December 30, 2024 / Notices 

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. 

Confidential Business Information (CBI) 

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 

CBI will be placed in the public docket 

for this notice. 

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)). 

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 

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 


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Federal Register / Vol. 89, No. 249 / Monday, December 30, 2024 / Notices 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 §§ 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 

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 

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 


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