82 FR 24202 - Petition for Exemption; Summary of Petition Received
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration Federal Register Volume 82, Issue 100 (May 25, 2017)
Federal Aviation Administration
Federal Register Volume 82, Issue 100 (May 25, 2017)
| Page Range | 24202-24203 | |
| FR Document | 2017-10692 |
[Federal Register Volume 82, Number 100 (Thursday, May 25, 2017)] [Notices] [Pages 24202-24203] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-10692] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Federal Aviation Administration [Summary Notice No. PE-2017-26] Petition for Exemption; Summary of Petition Received AGENCY: Federal Aviation Administration (FAA), DOT. ACTION: Notice of petition for exemption received. ----------------------------------------------------------------------- SUMMARY: This notice contains a summary of a petition seeking relief from specified requirements of Title 14, Code of Federal Regulations (14 CFR). The purpose of this notice is to improve the public's awareness of, and participation in, this aspect of the FAA's regulatory activities. Neither publication of this notice nor the inclusion or omission of information in the summary is intended to affect the legal status of the petition or its final disposition. DATES: Comments on this petition must identify the petition docket number involved and must be received on or before June 14, 2017. ADDRESSES: You may send comments identified by docket number FAA-2017- 0269 using any of the following methods:Government-wide rulemaking Web site: Go to http://www.regulations.gov and follow the instructions for sending your comments digitally. Mail: Send comments to the Docket Management Facility; U.S. Department of Transportation, 1200 New Jersey Avenue SE., West Building Ground Floor, Room W12-140, Washington, DC 20590. Fax: Fax comments to the Docket Management Facility at 202-493-2251. Hand Delivery: Bring comments to the Docket Management Facility in Room W12-140 of the West Building Ground Floor at 1200 New Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. Privacy: We will post all comments we receive, without change, to http://www.regulations.gov, including any personal information you provide. Using the search function of our docket Web site, anyone can find and read the comments received into any of our dockets, including the name of the individual sending the comment (or signing the comment for an association, business, labor union, etc.). You may review the DOT's complete Privacy Act Statement in the Federal Register published on April 11, 2000 (65 FR 19477-78). Docket: To read background documents or comments received, go to [[Page 24203]] http://www.regulations.gov at any time or to the Docket Management Facility in Room W12-140 of the West Building Ground Floor at 1200 New Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. FOR FURTHER INFORMATION CONTACT: Lynette Mitterer, ANM-113, Federal Aviation Administration, 1601 Lind Avenue SW., Renton, WA 98057-3356, email [email protected], phone (425) 227-1047. This notice is published pursuant to 14 CFR 11.85. Issued in Renton, Washington, on April 13, 2017. Victor Wicklund, Manager, Transport Standards Staff. Petition for Exemption Docket No.: FAA-2017-0269. Petitioner: Gulfstream. Section of 14 CFR Affected: Sec. 25.981(a)(3). Description of Relief Sought: Allow a simpler lightning protection design that is less susceptible to inadvertent failure conditions that could result in ignition sources. [FR Doc. 2017-10692 Filed 5-24-17; 8:45 am] BILLING CODE 4910-13-P
![24202 Federal Register / Vol. 82, No. 100 / Thursday, May 25, 2017 / Notices
company, filed a verified notice of SUMMARY: The TVA Regional Resource DEPARTMENT OF TRANSPORTATION
exemption pursuant to 49 CFR Stewardship Council (RRSC) will hold a
1180.2(d)(2) to control Florida East meeting on Tuesday, June 6 and Federal Aviation Administration
Coast Railway, L.L.C. (FECR), a Class II Wednesday, June 7, 2017, to consider [Summary Notice No. PE–2017–26]
rail carrier operating in the state of various matters.
Florida, and Texas Pacifico Petition for Exemption; Summary of
The RRSC was established to advise
Transportation, Ltd. (Pacifico), a Class Petition Received
TVA on its natural resource stewardship
III rail carrier operating in the state of
Texas, upon the merger of GMXT activities. Notice of this meeting is given AGENCY: Federal Aviation
Florida Merger Sub, Inc., a non-carrier under the Federal Advisory Committee Administration (FAA), DOT.
subsidiary of GMéxico Transportes, Act (FACA). ACTION: Notice of petition for exemption
with and into Florida East Coast DATES: The public meeting will be held received.
Holdings Corp., a non-carrier currently on Tuesday, June 6, 2017, from 8:30 SUMMARY: This notice contains a
controlling FECR. On April 28, 2017, a.m. to 11:45 a.m., EDT, and summary of a petition seeking relief
GMéxico Transportes filed an Wednesday, June 7, 2017, from 8:30 from specified requirements of Title 14,
amendment to its verified notice of a.m. to 11:30 a.m., EDT. Code of Federal Regulations (14 CFR).
exemption to identify and encompass its The purpose of this notice is to improve
parent company, Grupo México, S.A.B. ADDRESSES: The meeting will be held at
the public’s awareness of, and
de C.V. (Grupo México), also a non- 400 West Summit Hill Drive, Knoxville,
participation in, this aspect of the FAA’s
carrier holding company, and to identify Tennessee 37902, and will be open to
regulatory activities. Neither publication
Copper Basin Railway, Inc. (Copper the public. Anyone needing special
of this notice nor the inclusion or
Basin), a Class III rail carrier operating access or accommodations should let omission of information in the summary
in the state of Arizona, as an additional the contact below know at least a week is intended to affect the legal status of
carrier which Grupo México controls. in advance. the petition or its final disposition.
Notice of the exemption was served
FOR FURTHER INFORMATION CONTACT: DATES: Comments on this petition must
on May 9, 2017, and published in the
Barbie Perdue, 400 West Summit Hill identify the petition docket number
Federal Register on May 12, 2017. (82
Drive, WT–9 D, Knoxville, Tennessee involved and must be received on or
FR 22,181). On May 11, 2017, GMéxico
37902, (865) 632–6113. before June 14, 2017.
Transportes filed a letter requesting that
ADDRESSES: You may send comments
the Board correct the statement on page SUPPLEMENTARY INFORMATION: The
one of the notice that ‘‘Control of [FECR, identified by docket number FAA–
meeting agenda includes the following: 2017–0269 using any of the following
Pacifico, and Copper Basin] by Grupo
México and GMéxico Transportes will 1. Introductions methods:
• Government-wide rulemaking Web
be effected upon the merger’’ to clarify 2. Updates on Natural Resources and
site: Go to http://www.regulations.gov
that GMéxico Transportes will not River Management Issues and follow the instructions for sending
obtain control of Copper Basin as a 3. Presentations regarding the economic your comments digitally.
result of the transaction. By this notice, • Mail: Send comments to the Docket
benefits of TVA’s management of
that statement is corrected to read as Management Facility; U.S. Department
Public Land and Waters
follows: ‘‘Control of FECR, Pacifico, and of Transportation, 1200 New Jersey
Copper Basin by Grupo México, 4. Public Comments
Avenue SE., West Building Ground
including control of Pacifico and FECR 5. Council Discussion and Advice Floor, Room W12–140, Washington, DC
by GMéxico Transportes, as a subsidiary 20590.
of Grupo México, will be effected upon The RRSC will hear opinions and
views of citizens by providing a public • Fax: Fax comments to the Docket
the merger described in the notice.’’ All Management Facility at 202–493–2251.
other information in the notice remains comment session starting at 9:00 a.m.
• Hand Delivery: Bring comments to
unchanged. EDT, lasting up to one hour, on
the Docket Management Facility in
Board decisions and notices are Wednesday, June 7, 2017, TVA will
Room W12–140 of the West Building
available on our Web site at provide time limits for public comment Ground Floor at 1200 New Jersey
‘‘WWW.STB.GOV.’’ once registered. Persons wishing to Avenue SE., Washington, DC, between 9
Decided: May 22, 2017.
speak are requested to register at the a.m. and 5 p.m., Monday through
door between 7:45 a.m. and 8:45 a.m., Friday, except Federal holidays.
By the Board, Scott M. Zimmerman, Acting
Director, Office of Proceedings. EDT, on Wednesday, June 7, 2017, and Privacy: We will post all comments
will be called on during the public we receive, without change, to http://
Kenyatta Clay,
comment period. Handout materials www.regulations.gov, including any
Clearance Clerk. should be limited to one printed page. personal information you provide.
[FR Doc. 2017–10718 Filed 5–24–17; 8:45 am] Written comments are also invited and Using the search function of our docket
BILLING CODE 4915–01–P may be mailed to the Regional Resource Web site, anyone can find and read the
Stewardship Council, Tennessee Valley comments received into any of our
Authority, 400 West Summit Hill Drive, dockets, including the name of the
WT–9 D, Knoxville, Tennessee 37902. individual sending the comment (or
TENNESSEE VALLEY AUTHORITY signing the comment for an association,
Dated: May 12, 2017.
business, labor union, etc.). You may
Meeting of the Regional Resource Joseph J. Hoagland, review the DOT’s complete Privacy Act
Stewardship Council Vice President, Enterprise Relations and Statement in the Federal Register
AGENCY: Tennessee Valley Authority Innovation, Tennessee Valley Authority. published on April 11, 2000 (65 FR
(TVA). [FR Doc. 2017–10416 Filed 5–24–17; 8:45 am] 19477–78).
BILLING CODE 8120–08–P Docket: To read background
ACTION: Notice of meeting.
documents or comments received, go to
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![Federal Register / Vol. 82, No. 100 / Thursday, May 25, 2017 / Notices 24203
http://www.regulations.gov at any time Administration (NHTSA), telephone coefficient in its analysis. BMW chose
or to the Docket Management Facility in (202) 366–5319, facsimile (202) 366– Ricco’s Law because they believe it best
Room W12–140 of the West Building 3081. corresponds to the human physiological
Ground Floor at 1200 New Jersey SUPPLEMENTARY INFORMATION: condition in which a light source of a
Avenue SE., Washington, DC, between 9 given size and intensity is minimally
a.m. and 5 p.m., Monday through I. Overview capable (i.e., illumination threshold) of
Friday, except Federal holidays. BMW of North America, LLC, (BMW) producing visual perception.
FOR FURTHER INFORMATION CONTACT: a subsidiary of BMW AG in Munich, As such, BMW created a graph
Lynette Mitterer, ANM–113, Federal Germany, has determined that certain whereby the y-axis represented the
Aviation Administration, 1601 Lind model year (MY) 2013 BMW 5 Series reflection coefficient in units consistent
Avenue SW., Renton, WA 98057–3356, sedan passenger cars do not fully with FMVSS No. 108 and the x-axis
email Lynette.Mitterer@faa.gov, phone comply with paragraph S8.1.11 of represented the distance between two
(425) 227–1047. Federal Motor Vehicle Safety Standard vehicles in order to simulate the
This notice is published pursuant to (FMVSS) No. 108, Lamps, Reflective condition of an approaching vehicle and
14 CFR 11.85. Devices and Associated Equipment. a parked or stopped vehicle.
BMW filed a noncompliance report BMW provided the graph to illustrate
Issued in Renton, Washington, on April 13, that even with parameters representing
2017. dated March 26, 2015, pursuant to 49
CFR part 573, Defect and a ‘‘worst-case scenario,’’ sufficient
Victor Wicklund, visibility of the rear reflex reflectors of
Noncompliance Responsibility and
Manager, Transport Standards Staff. the affected vehicles exists.
Reports.
Petition for Exemption Pursuant to 49 U.S.C. 30118(d) and BMW stated that it has not received
30120(h) (see implementing rule at 49 any contacts from vehicle owners or
Docket No.: FAA–2017–0269. other road users regarding issues related
CFR part 556), BMW also petitioned
Petitioner: Gulfstream. to the subject noncompliance and is also
NHTSA on April 17, 2015, for an
Section of 14 CFR Affected: not aware of any accidents or injuries
exemption from the notification and
§ 25.981(a)(3). that have occurred as a result of this
Description of Relief Sought: Allow a remedy requirements of 49 U.S.C.
Chapter 301 on the basis that the subject issue.
simpler lightning protection design that BMW has additionally informed
is less susceptible to inadvertent failure noncompliance is inconsequential as it
relates to motor vehicle safety. NHTSA that it has corrected the
conditions that could result in ignition noncompliance so that subsequent
Notice of receipt of the petition was
sources. vehicle production will conform to
published with a 30-day public
[FR Doc. 2017–10692 Filed 5–24–17; 8:45 am]
comment period, on June 11, 2015, in paragraph 8.1.11 of FMVSS No. 108.
BILLING CODE 4910–13–P the Federal Register (80 FR 33332). No In summation, BMW believes that the
comments were received. To view the described noncompliance of the subject
petition and all supporting documents vehicles is inconsequential to motor
DEPARTMENT OF TRANSPORTATION log onto the Federal Docket vehicle safety, and that its petition, to
Management System (FDMS) Web site exempt BMW from providing recall
National Highway Traffic Safety notification of noncompliance as
Administration at: https://www.regulations.gov/. Then
follow the online search instructions to required by 49 U.S.C. 30118 and
[Docket No. NHTSA–2015–0040; Notice 2] locate docket number ‘‘NHTSA–2015– remedying the recall noncompliance as
0040.’’ required by 49 U.S.C. 30120 should be
BMW of North America, LLC, Denial of granted.
Petition for Decision of II. Vehicles Involved
NHTSA’s Decision
Inconsequential Noncompliance Affected are approximately 13,899
MY 2013 BMW 5 Series sedan passenger NHTSA’s Analysis: Reflex reflectors
AGENCY: National Highway Traffic make a vehicle conspicuous to drivers
Safety Administration (NHTSA), cars manufactured between January 30,
2013 and June 28, 2013. of other vehicles at night and at other
Department of Transportation (DOT). times when there is reduced ambient
ACTION: Denial of petition. III. Noncompliance light including dawn and dusk. The
BMW explains the noncompliance as advance warning provided by the rear
SUMMARY: BMW of North America, LLC, reflex reflectors has the potential to
a failure of some of the rear reflex
(BMW) a subsidiary of BMW AG in enable drivers to avoid a collision when
reflectors on the affected vehicles to
Munich, Germany, has determined that approaching from the rear.
fully conform to the minimum
certain model year (MY) 2013 BMW 5 In reviewing BMW’s technical
photometric performance required by
Series sedan passenger cars do not fully arguments, BMW claims that 2.5 mcd/
paragraph S8.1.11 of FMVSS No. 108.
comply with Federal Motor Vehicle lux is sufficient ‘‘visibility’’ for reflex
Safety Standard (FMVSS) No. 108, IV. Rule Text reflectors. BMW bases this claim on an
Lamps, Reflective Devices and Paragraph S8.1.11 of FMVSS No. 108 equation known as Ricco’s law, and
Associated Equipment. BMW filed a requires in pertinent part: provided a link to a University of
noncompliance report dated March 26, Calgary Web page (http://ucalgary.ca/
S8.1.11 Photometry. Each reflex reflector
2015. BMW also petitioned NHTSA on pip369/mod3/brightness/threelaws) that
must be designed to conform to the
April 17, 2015, for a decision that the photometry requirements of Table XVI–a provides a very limited description of
subject noncompliance is when tested according to the procedure of this science. When compared to the
inconsequential as it relates to motor S14.2.3 for the reflex reflector color as FMVSS No. 108 required minimum
vehicle safety. specified by this section. performance of 420, 280, and 140 mcd/
ADDRESSES: For further information on lux at certain test points and
this decision contact Mike Cole, Office V. Summary of BMW’s Analyses observation angles, the value that BMW
of Vehicle Safety Compliance, the BMW used Ricco’s Law to determine claims is sufficient, 2.5 mcd/lux,
National Highway Traffic Safety a minimum required reflection represents only 0.5%, 0.8%, and 1.7%
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Document Created: 2018-11-08 08:53:04
Document Modified: 2018-11-08 08:53:04
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Action | Notice of petition for exemption received. | |
| Dates | Comments on this petition must identify the petition docket number involved and must be received on or before June 14, 2017. | |
| Contact | Lynette Mitterer, ANM-113, Federal Aviation Administration, 1601 Lind Avenue SW., Renton, WA 98057-3356, email [email protected], phone (425) 227-1047. | |
| FR Citation | 82 FR 24202 |
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