80_FR_62081 80 FR 61883 - Petition for Waiver of Compliance

80 FR 61883 - Petition for Waiver of Compliance

DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration

Federal Register Volume 80, Issue 198 (October 14, 2015)

Page Range61883-61884
FR Document2015-26001

Federal Register, Volume 80 Issue 198 (Wednesday, October 14, 2015) 
[Federal Register Volume 80, Number 198 (Wednesday, October 14, 2015)]
[Notices]
[Pages 61883-61884]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-26001]


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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket Number FRA-2015-0105]


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 September 22, 2015, the Association of American Railroads (AAR) 
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 224, Reflectorization of Rail 
Freight Rolling Stock. FRA assigned the petition Docket Number FRA-
2015-0105.
    AAR seeks a waiver of compliance from 49 CFR 224.111, Renewal, 
which requires retroreflective sheeting to be replaced with new 
sheeting no later than 10 years after the date of initial installation, 
regardless of the sheeting's condition. The final rule for the 
reflectorization of rail freight rolling stock went into effect on 
November 28, 2005, making November 28, 2015, the replacement deadline 
for all initially applied retroreflective materials on rail freight 
rolling stock. The 10-year renewal period was based on most 
manufacturers' stated useful life of retroreflective materials at the 
time of the rulemaking. However, FRA indicated it would monitor the 
retroreflective qualities of various fleet segments over time and would 
consider extending the 10-year interval.
    AAR and Texas A&M Transportation Institute (TTI) conducted testing 
and evaluation of retroreflective sheeting on 920 freight cars and 120 
locomotives in service and found that much of that material tested 
meets or exceeds reflectivity requirements set forth in the regulation. 
This data, collected in 2012 and 2014, shows that the performance of 
the retroreflective sheets on rail cars and locomotives is more a 
function of material condition and cleanliness than it is of the date 
applied. In particular, the FRA-224 stamped material has demonstrated 
that, after more than 9 years in service, it is in good condition and 
can remain in service if properly maintained. Therefore, this petition 
is being made to permit well-performing material to remain in service 
and to be evaluated using a performance-based approach.
    The AAR Equipment Engineering Committee presently favors the 
Federal Highway Administration Comparison Panel Method; however, some 
additional time is needed to develop a ``standard panel'' and the 
related training that would be used with this method. An alternative 
performance-based method is to use a hand-held device similar to the 
RoadVista 922 Retroreflectometer that AAR and TTI used during testing 
and evaluation. However, at approximately $10,000 per unit, this device 
is substantially more expensive and is not feasible for regular use in 
a railroad-shop environment. AAR is requesting a waiver to extend the 
renewal requirement for at least 3 years while work on a performance-
based evaluation procedure is completed.
    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

[[Page 61884]]

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 November 13, 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 October 5, 2015.
Ron Hynes,
Director, Office of Technical Oversight.
[FR Doc. 2015-26001 Filed 10-13-15; 8:45 am]
BILLING CODE 4910-06-P

Federal Register / Vol. 80, No. 198 / Wednesday, October 14, 2015 / Notices 61883 DEPARTMENT OF TRANSPORTATION and 5 p.m., Monday through Friday, freight rolling stock. The 10-year except Federal Holidays. renewal period was based on most [Docket Number FRA–2010–0057] Communications received by manufacturers’ stated useful life of November 30, 2015 will be considered retroreflective materials at the time of Federal Railroad Administration by FRA before final action is taken. the rulemaking. However, FRA Comments received after that date will indicated it would monitor the Petition for Waiver of Compliance be considered as far as practicable. retroreflective qualities of various fleet In accordance with part 211 of Title Anyone is able to search the segments over time and would consider 49 Code of Federal Regulations (CFR), electronic form of any written extending the 10-year interval. this document provides the public communications and comments AAR and Texas A&M Transportation notice that by a document dated August received into any of our dockets by the Institute (TTI) conducted testing and 18, 2015, the Canadian National name of the individual submitting the evaluation of retroreflective sheeting on Railway Company (CN) has petitioned comment (or signing the document, if 920 freight cars and 120 locomotives in the Federal Railroad Administration submitted on behalf of an association, service and found that much of that (FRA) for a waiver of compliance from business, labor union, etc.). In material tested meets or exceeds certain provisions of the Federal accordance with 5 U.S.C. 553(c), DOT reflectivity requirements set forth in the railroad safety regulations contained at solicits comments from the public to regulation. This data, collected in 2012 49 CFR part 236, subpart I. FRA better inform its processes. DOT posts and 2014, shows that the performance of these comments, without edit, including the retroreflective sheets on rail cars and assigned the petition Docket Number any personal information the locomotives is more a function of FRA–2010–0057. commenter provides, to material condition and cleanliness than CN requests relief from the www.regulations.gov, as described in it is of the date applied. In particular, requirement to implement Positive the system of records notice (DOT/ALL– the FRA–224 stamped material has Train Control (PTC) system(s) pursuant 14 FDMS), which can be reviewed at demonstrated that, after more than 9 to CFR part 236 on the portion of the www.dot.gov/privacy. See also http:// years in service, it is in good condition Sprague Subdivision (Prairie Sub- www.regulations.gov/#!privacyNotice and can remain in service if properly Region from Milepost 0.0 to for the privacy notice of regulations.gov. maintained. Therefore, this petition is Milepost144.9) located within the being made to permit well-performing United States. The Canadian portion is Issued in Washington, DC, on October 5, material to remain in service and to be not subject to PTC implementation. 2015. evaluated using a performance-based A copy of the petition, as well as any Ron Hynes, approach. written communications concerning the Director, Office of Technical Oversight. The AAR Equipment Engineering petition, is available for review online at [FR Doc. 2015–26000 Filed 10–13–15; 8:45 am] Committee presently favors the Federal www.regulations.gov and in person at BILLING CODE 4910–06–P Highway Administration Comparison the U.S. Department of Transportation’s Panel Method; however, some (DOT) Docket Operations Facility, 1200 additional time is needed to develop a New Jersey Avenue SE., W12–140, DEPARTMENT OF TRANSPORTATION ‘‘standard panel’’ and the related Washington, DC 20590. The Docket training that would be used with this Operations Facility is open from 9 a.m. Federal Railroad Administration method. An alternative performance- to 5 p.m., Monday through Friday, based method is to use a hand-held except Federal Holidays. [Docket Number FRA–2015–0105] device similar to the RoadVista 922 Interested parties are invited to Petition for Waiver of Compliance Retroreflectometer that AAR and TTI participate in these proceedings by used during testing and evaluation. submitting written views, data, or In accordance with part 211 of Title However, at approximately $10,000 per comments. FRA does not anticipate 49 Code of Federal Regulations (CFR), unit, this device is substantially more scheduling a public hearing in this document provides the public expensive and is not feasible for regular connection with these proceedings since notice that by a document dated use in a railroad-shop environment. the facts do not appear to warrant a September 22, 2015, the Association of AAR is requesting a waiver to extend hearing. If any interested party desires American Railroads (AAR) has the renewal requirement for at least 3 an opportunity for oral comment, they petitioned the Federal Railroad years while work on a performance- should notify FRA, in writing, before Administration (FRA) for a waiver of based evaluation procedure is the end of the comment period and compliance from certain provisions of completed. specify the basis for their request. the Federal railroad safety regulations A copy of the petition, as well as any All communications concerning these contained at 49 CFR part 224, written communications concerning the proceedings should identify the Reflectorization of Rail Freight Rolling petition, is available for review online at appropriate docket number and may be Stock. FRA assigned the petition Docket www.regulations.gov and in person at submitted by any of the following Number FRA–2015–0105. the U.S. Department of Transportation’s methods: AAR seeks a waiver of compliance (DOT) Docket Operations Facility, 1200 • Web site: http:// from 49 CFR 224.111, Renewal, which New Jersey Avenue SE., W12–140, www.regulations.gov. Follow the online requires retroreflective sheeting to be Washington, DC 20590. The Docket instructions for submitting comments. replaced with new sheeting no later Operations Facility is open from 9 a.m. • Fax: 202–493–2251. than 10 years after the date of initial to 5 p.m., Monday through Friday, • Mail: Docket Operations Facility, tkelley on DSK3SPTVN1PROD with NOTICES installation, regardless of the sheeting’s except Federal Holidays. U.S. Department of Transportation, 1200 condition. The final rule for the Interested parties are invited to New Jersey Avenue SE., W12–140, reflectorization of rail freight rolling participate in these proceedings by Washington, DC 20590. stock went into effect on November 28, submitting written views, data, or • Hand Delivery: 1200 New Jersey 2005, making November 28, 2015, the comments. FRA does not anticipate Avenue SE., Room W12–140, replacement deadline for all initially scheduling a public hearing in Washington, DC 20590, between 9 a.m. applied retroreflective materials on rail connection with these proceedings since VerDate Sep<11>2014 16:39 Oct 13, 2015 Jkt 238001 PO 00000 Frm 00094 Fmt 4703 Sfmt 4703 E:\FR\FM\14OCN1.SGM 14OCN1

61884 Federal Register / Vol. 80, No. 198 / Wednesday, October 14, 2015 / Notices the facts do not appear to warrant a Issued in Washington, DC, on October 5, this noncompliance is inconsequential hearing. If any interested party desires 2015. to motor vehicle safety. an opportunity for oral comment, they Ron Hynes, Notice of receipt of BMW’s petition should notify FRA, in writing, before Director, Office of Technical Oversight. was published, with a 30-day public the end of the comment period and [FR Doc. 2015–26001 Filed 10–13–15; 8:45 am] comment period, on June 6, 2014 in the specify the basis for their request. BILLING CODE 4910–06–P Federal Register (FR 32815). No All communications concerning these comments were received. To view the proceedings should identify the petition and all supporting documents appropriate docket number and may be DEPARTMENT OF TRANSPORTATION log onto the Federal Docket submitted by any of the following Management System (FDMS) Web site National Highway Traffic Safety at: http://www.regulations.gov/. Then methods: Administration follow the online search instructions to • Web site: http:// locate docket number ‘‘NHTSA–2013– www.regulations.gov. Follow the online [Docket No. NHTSA–2013–0146; Notice 2] 0146.’’ instructions for submitting comments. II. Vehicles Involved: Affected are BMW of North America, LLC, Grant of • Fax: 202–493–2251. Petition for Decision of approximately 5,806 of the following • Mail: Docket Operations Facility, Inconsequential Noncompliance MY 2014 BMW vehicles: 2014 BMW 7 Series manufactured U.S. Department of Transportation, 1200 AGENCY: National Highway Traffic between July 1, 2013 and November 4, New Jersey Avenue SE., W12–140, Safety Administration (NHTSA), 2013; Washington, DC 20590. Department of Transportation (DOT). 2014 BMW 6 Series Coupe M Sport • Hand Delivery: 1200 New Jersey ACTION: Grant of petition. Edition manufactured between May 15, Avenue SE., Room W12–140, 2013 and October 29, 2013; Washington, DC 20590, between 9 a.m. SUMMARY: BMW of North America, LLC, 2014 BMW 6 Series Grand Coupe M and 5 p.m., Monday through Friday, (BMW) a subsidiary of BMW AG in Sport Edition manufactured between except Federal Holidays. Munich, Germany, has determined that May 15, 2013 and July 30, 2013; and Communications received by certain model year (MY) 2014 BMW 7 2014 BMW 6 Series Convertible M November 13, 2015 will be considered series and 6 series vehicles do not fully Sport Edition manufactured between by FRA before final action is taken. comply with paragraph S5.2.1 of April 2, 2013 and October 29, 2013. Comments received after that date will Federal Motor Vehicle Safety Standard III. Noncompliance: BMW explains be considered as far as practicable. (FMVSS) No. 101, Controls and that while using in-vehicle controls and Displays. BMW has filed an appropriate displays, there is a possibility for the Anyone is able to search the report dated December 5, 2013 pursuant vehicle operator or front seat passenger electronic form of any written to 49 CFR part 573, Defect and to enable the speedometer to display communications and comments Noncompliance Responsibility and vehicle speed in units of either only received into any of our dockets by the Reports. miles-per-hour (mph) or only name of the individual submitting the kilometers-per-hour (km/h). Since all comment (or signing the document, if ADDRESSES: For further information on this decision contact Amina Fisher, vehicles sold in the U.S. must display submitted on behalf of an association, vehicle speeds in mph, or mph and business, labor union, etc.). In Office of Vehicle Safety Compliance, National Highway Traffic Safety km/h these vehicles fail to fully meet accordance with 5 U.S.C. 553(c), DOT the requirements set forth in paragraph solicits comments from the public to Administration (NHTSA), telephone (202) 366–5307, facsimile (202) 366– S5.2.1 of FMVSS No. 101. better inform its processes. DOT posts IV. Rule Text: Paragraph S5.2.1 of these comments, without edit, including 5930. FMVSS No. 101 requires in pertinent any personal information the SUPPLEMENTARY INFORMATION: part: commenter provides, to I. BMW’s Petition: Pursuant to 49 www.regulations.gov, as described in U.S.C. 30118(d) and 30120(h) and the S5.2.1 Except for the Low Tire Pressure Telltale, each control, telltale and indicator the system of records notice (DOT/ALL– rule implementing those provisions at that is listed in column 1 of Table 1 or Table 14 FDMS), which can be reviewed at 49 CFR part 556, BMW submitted a 2 must be identified by the symbol specified www.dot.gov/privacy. See also http:// petition for an exemption from the for it in column 2 or the word or abbreviation www.regulations.gov/#!privacyNotice notification and remedy requirements of specified for it in column 3 of Table 1 or for the privacy notice of regulations.gov. 49 U.S.C. Chapter 301 on the basis that Table 2 . . . TABLE 1—CONTROLS, TELLTALES, AND INDICATORS WITH ILLUMINATION OR COLOR REQUIREMENTS Column 1 Column 2 Column 3 Column 4 Column 5 Column 6 item symbol words or abbreviations function illumination color * * * * * * * Speedometer .... ........................... MPH, or MPH and km/h 14 Indicator Yes tkelley on DSK3SPTVN1PROD with NOTICES * * * * * * * Notes: * * * * * * * 14. If the speedometer is graduated in both miles per hour and in kilometers per hour, the scales must be identified ‘‘MPH’’ and ‘‘km/h’’, re- spectively, in any combination of upper- and lowercase letters. . . . VerDate Sep<11>2014 18:26 Oct 13, 2015 Jkt 238001 PO 00000 Frm 00095 Fmt 4703 Sfmt 4703 E:\FR\FM\14OCN1.SGM 14OCN1


Document Created: 2018-02-27 08:50:16
Document Modified: 2018-02-27 08:50:16
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 61883 
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