83_FR_22836 83 FR 22741 - Petition for Approval of Product Safety Plan

83 FR 22741 - Petition for Approval of Product Safety Plan

DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration

Federal Register Volume 83, Issue 95 (May 16, 2018)

Page Range22741-22742
FR Document2018-10444

Federal Register, Volume 83 Issue 95 (Wednesday, May 16, 2018)
[Federal Register Volume 83, Number 95 (Wednesday, May 16, 2018)]
[Notices]
[Pages 22741-22742]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-10444]


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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket Number FRA-2006-23686]


Petition for Approval of Product Safety Plan

    Under part 211 of Title 49 Code of Federal Regulations (CFR), this 
document provides the public notice that on May 4, 2018, BNSF Railway 
Company (BNSF), with participating railroads Union Pacific Railroad 
(UP) and Canadian Pacific Railway (CP), petitioned the Federal Railroad 
Administration (FRA) for approval of a Product Safety Plan (PSP) 
pursuant to 49 CFR 236.907(a). FRA assigned the petition Docket Number 
FRA-2006-23686.
    BNSF, with participant railroads UP and CP, request FRA approval of 
a PSP for the Dual Radar Roadway Vehicle Detector (VDR24). The VDR24, 
supplied by Island Radar, is used as a vehicle detection subsystem for 
four-quadrant gate crossing warning systems, with its intended 
application as an alternative to inductive loop vehicle detectors.
    The petition asserts that this PSP addresses all requirements of 49 
CFR 236.907(a).
    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 
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 by any of the following 
methods:
     Website: 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

[[Page 22742]]

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 July 2, 2018 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 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.). 
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/privacyNotice for the 
privacy notice of regulations.gov.

Robert C. Lauby,
Associate Administrator for Railroad Safety, Chief Safety Officer.
[FR Doc. 2018-10444 Filed 5-15-18; 8:45 am]
BILLING CODE 4910-06-P



                                                                             Federal Register / Vol. 83, No. 95 / Wednesday, May 16, 2018 / Notices                                              22741

                                                   Docket: For access to the docket to                  cargo insurance policies, but it is not               DEPARTMENT OF TRANSPORTATION
                                                read background documents or                            filed with the FMCSA.
                                                comments received, go to http://                           The Agency is seeking approval for                 Federal Railroad Administration
                                                www.regulations.gov, and follow the                     use of Form BMC–32 titled,
                                                online instructions for accessing the                                                                         [Docket Number FRA–2006–23686]
                                                                                                        ‘‘Endorsement for Household Goods
                                                dockets, or go to the street address listed             Motor Carrier Policies of Insurance for
                                                above.                                                                                                        Petition for Approval of Product Safety
                                                                                                        Cargo Liability Under 49 U.S.C. 13906.’’              Plan
                                                   Privacy Act: In accordance with 5                    Previously, Form BMC–32 was included
                                                U.S.C. 553(c), DOT solicits comments                    as part of the collection covered by                    Under part 211 of Title 49 Code of
                                                from the public to better inform its                    OMB Control Number 2126–0017                          Federal Regulations (CFR), this
                                                rulemaking process. DOT posts these                     (‘‘Financial Responsibility, Trucking                 document provides the public notice
                                                comments, without edit, including any                   and Freight Forwarding’’). The last                   that on May 4, 2018, BNSF Railway
                                                personal information the commenter                      Notice of OMB Action providing                        Company (BNSF), with participating
                                                provides, to www.regulations.gov, as                    approval of the BMC–32 form under                     railroads Union Pacific Railroad (UP)
                                                described in the system of records                                                                            and Canadian Pacific Railway (CP),
                                                                                                        OMB Control Number 2126–0017 was
                                                notice (DOT/ALL–14 FDMS), which can                                                                           petitioned the Federal Railroad
                                                                                                        February 23, 2006, with an expiration
                                                be reviewed at www.dot.gov/privacy.                                                                           Administration (FRA) for approval of a
                                                                                                        date of February 28, 2009. Because
                                                   Public Participation: The Federal                    2126–0017 was recently renewed                        Product Safety Plan (PSP) pursuant to
                                                eRulemaking Portal is available 24                                                                            49 CFR 236.907(a). FRA assigned the
                                                                                                        without including Form BMC–32,
                                                hours each day, 365 days each year. You                                                                       petition Docket Number FRA–2006–
                                                                                                        FMCSA is seeking approval of the form,
                                                can obtain electronic submission and                                                                          23686.
                                                                                                        with the intent of combining this
                                                retrieval help and guidelines under the                                                                         BNSF, with participant railroads UP
                                                                                                        approval with OMB Control Number
                                                ‘‘help’’ section of the Federal                                                                               and CP, request FRA approval of a PSP
                                                                                                        2126–0017.
                                                eRulemaking Portal website. If you want                                                                       for the Dual Radar Roadway Vehicle
                                                us to notify you that we received your                     Title: Financial Responsibility,                   Detector (VDR24). The VDR24, supplied
                                                comments, please include a self-                        Trucking and Freight Forwarding.                      by Island Radar, is used as a vehicle
                                                addressed, stamped envelope or                             OMB Control Number: 2126–0017.                     detection subsystem for four-quadrant
                                                postcard, or print the acknowledgement                                                                        gate crossing warning systems, with its
                                                                                                           Type of Request: Revision of an
                                                page that appears after submitting                                                                            intended application as an alternative to
                                                                                                        approved ICR.
                                                comments online. Comments received                                                                            inductive loop vehicle detectors.
                                                after the comment closing date will be                     Respondents: Household goods                         The petition asserts that this PSP
                                                included in the docket and will be                      carriers and household goods freight                  addresses all requirements of 49 CFR
                                                considered to the extent practicable.                   forwarders.                                           236.907(a).
                                                FOR FURTHER INFORMATION CONTACT: Jeff                      Estimated Number of Respondents:                     A copy of the petition, as well as any
                                                Secrist, Office of Registration & Safety                4,773.                                                written communications concerning the
                                                Information, Department of                                                                                    petition, is available for review online at
                                                                                                           Estimated Time per Response: 10                    www.regulations.gov and in person at
                                                Transportation, Federal Motor Carrier                   minutes.
                                                Safety Administration, West Building                                                                          the U.S. Department of Transportation’s
                                                                                                           Expiration Date: May 31, 2020.                     (DOT) Docket Operations Facility, 1200
                                                6th Floor, 1200 New Jersey Avenue SE,
                                                Washington, DC 20590. Telephone:                           Frequency of Response: On occasion.                New Jersey Avenue SE, W12–140,
                                                202–385–2367; email jeff.secrist@                                                                             Washington, DC 20590. The Docket
                                                                                                           Estimated Total Annual Burden: 796
                                                                                                                                                              Operations Facility is open from 9 a.m.
                                                dot.gov.                                                hours [4,773 respondents × 10 minutes                 to 5 p.m., Monday through Friday,
                                                SUPPLEMENTARY INFORMATION:                              per response].                                        except Federal Holidays.
                                                   Background: The Secretary of                            Public Comments Invited: You are                     Interested parties are invited to
                                                Transportation (Secretary) is authorized                asked to comment on any aspect of this                participate in these proceedings by
                                                to register for-hire motor carriers of                  information collection, including: (1)                submitting written views, data, or
                                                property and passengers under the                       Whether the proposed collection is                    comments. FRA does not anticipate
                                                provisions of 49 U.S.C. 13902, surface                  necessary for the performance of                      scheduling a public hearing in
                                                freight forwarders under the provisions                 FMCSA’s functions; (2) the accuracy of                connection with these proceedings since
                                                of 49 U.S.C. 13903, and property brokers                the estimated burden; (3) ways for                    the facts do not appear to warrant a
                                                under the provisions of 49 U.S.C. 13904.                FMCSA to enhance the quality,                         hearing. If any interested parties desire
                                                These persons may conduct                               usefulness, and clarity of the collected              an opportunity for oral comment and a
                                                transportation services only if they are                information; and (4) ways that the                    public hearing, they should notify FRA,
                                                registered pursuant to 49 U.S.C. 13901.                 burden could be minimized without                     in writing, before the end of the
                                                The Secretary has delegated authority                   reducing the quality of the collected                 comment period and specify the basis
                                                pertaining to these registration                        information. The agency will summarize                for their request.
                                                requirements to the FMCSA. The                          or include your comments in the request                 All communications concerning these
                                                registration remains valid only if these                for OMB’s clearance of this information               proceedings should identify the
                                                transportation entities maintain, on file               collection.                                           appropriate docket number and may be
                                                with the FMCSA, evidence of the                                                                               submitted by any of the following
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                                                                                                          Issued under the authority of 49 CFR 1.87
                                                required levels of financial                                                                                  methods:
                                                                                                        on: May 9, 2018.
                                                responsibility pursuant to 49 U.S.C.                                                                            • Website: http://
                                                13906. FMCSA regulations governing                      G. Kelly Regal,                                       www.regulations.gov. Follow the online
                                                the financial responsibility                            Associate Administrator for Office of                 instructions for submitting comments.
                                                requirements for these entities are found               Research and Information Technology.                    • Fax: 202–493–2251.
                                                at 49 CFR part 387. Form BMC–32 is an                   [FR Doc. 2018–10439 Filed 5–15–18; 8:45 am]             • Mail: Docket Operations Facility,
                                                endorsement that must be attached to                    BILLING CODE 4910–EX–P                                U.S. Department of Transportation, 1200


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                                                22742                        Federal Register / Vol. 83, No. 95 / Wednesday, May 16, 2018 / Notices

                                                New Jersey Avenue SE, W12–140,                          specific information in its petition.                 fulfills the requirements of the January
                                                Washington, DC 20590.                                   Therefore, no confidential information                1995 European vehicle insurance
                                                   • Hand Delivery: 1200 New Jersey                     provided for purposes of this notice has              companies. In further addressing the
                                                Avenue SE, Room W12–140,                                been disclosed.                                       reliability and durability of its device,
                                                Washington, DC 20590, between 9 a.m.                    DATES: The exemption granted by this                  BMW provided information on the
                                                and 5 p.m., Monday through Friday,                      notice is effective beginning with the                uniqueness of its mechanical keys to be
                                                except Federal Holidays.                                2019 model year (MY).                                 used on the 8 series vehicle line.
                                                   Communications received by July 2,                   FOR FURTHER INFORMATION CONTACT: Ms.                  Specifically, BMW stated that the
                                                2018 will be considered by FRA before                   Carlita Ballard, Office of International              vehicle’s mechanical keys are unique
                                                final action is taken. Comments received                Policy, Fuel Economy and Consumer                     because they require a special key
                                                after that date will be considered if                   Programs, National Highway Traffic                    blank, cutting machine and a unique
                                                practicable.                                            Safety Administration, West Building,                 vehicle code to allow for key
                                                   Anyone can search the electronic                                                                           duplication. BMW also stated that the
                                                                                                        Room W43–439, 1200 New Jersey
                                                form of any written communications                                                                            mechanical keys cannot be used to
                                                                                                        Avenue SE, Washington, DC 20590. Ms.
                                                and comments received into any of our                                                                         deactivate the device but that activation
                                                                                                        Ballard’s telephone number is 202–366–
                                                dockets by the name of the individual                                                                         must be done electronically. BMW
                                                                                                        5222. Her fax number is 202–493–2990.
                                                submitting the comment (or signing the                                                                        further stated that the new keys will
                                                document, if submitted on behalf of an                  SUPPLEMENTARY INFORMATION: In a
                                                                                                                                                              only be issued to authorized persons
                                                association, business, labor union, etc.).              petition dated January 12, 2018, BMW                  and will incorporate special guide-way
                                                Under 5 U.S.C. 553(c), DOT solicits                     requested an exemption from the parts-                millings, making the locks almost
                                                comments from the public to better                      marking requirements of the Theft                     impossible to pick and the keys
                                                inform its processes. DOT posts these                   Prevention Standard for the 8 series                  impossible to duplicate on the open
                                                comments, without edit, including any                   vehicle line beginning with MY 2019.                  market.
                                                personal information the commenter                      The petition requested an exemption                      BMW stated that activation of its
                                                provides, to www.regulations.gov, as                    from parts-marking pursuant to 49 CFR                 antitheft device occurs automatically
                                                described in the system of records                      part 543, Exemption from Vehicle Theft                when the engine is shut off and the
                                                notice (DOT/ALL–14 FDMS), which can                     Prevention Standard, based on the                     vehicle key is removed from the ignition
                                                be reviewed at https://                                 installation of an antitheft device as                system. BMW stated that a transponder
                                                www.transportation.gov/privacy. See                     standard equipment for the entire                     (transmitter/receiver) in the radio
                                                also https://www.regulations.gov/                       vehicle line.                                         frequency remote control communicates
                                                privacyNotice for the privacy notice of                    Under 49 CFR part 543.5(a), a                      with the EWS (BDC) control unit
                                                regulations.gov.                                        manufacturer may petition NHTSA to                    providing the interface to the loop
                                                                                                        grant an exemption for one vehicle line               antenna (coil), engine control unit and
                                                Robert C. Lauby,                                        per model year. In its petition, BMW                  starter. After an initial starting value,
                                                Associate Administrator for Railroad Safety,            provided a detailed description and                   the authentication uses the challenge
                                                Chief Safety Officer.                                   diagram of the identity, design, and                  response technique with symmetric
                                                [FR Doc. 2018–10444 Filed 5–15–18; 8:45 am]             location of the components of the                     secret key. BMW further stated that
                                                BILLING CODE 4910–06–P                                  antitheft device for its 8 series vehicle             when the control unit identifies the
                                                                                                        line. BMW stated that its 8 series                    correct release signal, the ignition signal
                                                                                                        vehicle line will be installed with a                 and fuel supply are released allowing
                                                DEPARTMENT OF TRANSPORTATION                            passive, electronically-coded, vehicle                operation of the vehicle.
                                                                                                        immobilizer system (EWS) as standard                     BMW also stated that the vehicle is
                                                National Highway Traffic Safety                         equipment that will prevent the vehicle               equipped with a central-locking system
                                                Administration                                          from being driven away under its own                  that can be operated to lock and unlock
                                                                                                        engine power. Key features of the                     all doors or to unlock only the driver’s
                                                Petition for Exemption From the                         antitheft device will include a remote-               door, preventing forced entry into the
                                                Federal Motor Vehicle Theft Prevention                  control w/mechanical key, ring antenna                vehicle through the passenger doors.
                                                Standard; BMW of North America, LLC                     (transponder coil), low frequency                     BMW further stated that the vehicle can
                                                AGENCY: National Highway Traffic                        antenna (LF), engine control unit (DME/               be further secured by locking the doors
                                                Safety Administration (NHTSA),                          DDE) with encoded start release input,                and hood using either the key-lock
                                                Department of Transportation (DOT).                     a passive immobilizer, and an EWS                     cylinder on the driver’s door or the
                                                ACTION: Grant of petition for exemption.                (BDC) control unit. BMW also stated                   remote frequency remote control. BMW
                                                                                                        that it will not offer an audible or visible          stated that the frequency for the remote
                                                SUMMARY:   This document grants in full                 alarm feature on the proposed device.                 control constantly changes to prevent an
                                                the BMW of North America, LLC’s                            BMW’s submission is considered a                   unauthorized person from opening the
                                                (BMW) petition for exemption of the 8                   complete petition as required by 49 CFR               vehicle by intercepting the signals of its
                                                series vehicle line in accordance with                  543.7, in that it meets the general                   remote control.
                                                Exemption from the Theft Prevention                     requirements contained in § 543.5 and                    BMW further stated that all of its
                                                Standard. This petition is granted                      the specific content requirements of                  vehicles are currently equipped with
                                                because the Agency has determined that                  § 543.6.                                              antitheft devices as standard equipment,
                                                the antitheft device to be placed on the                   In addressing the specific content                 including its 8 series vehicle line. BMW
                                                vehicle line as standard equipment is                   requirements of Part 543.6, BMW                       compared the effectiveness of its
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                                                likely to be as effective in reducing and               provided information on the reliability               antitheft device with devices which
                                                deterring motor vehicle theft as                        and durability of its device. To ensure               NHTSA has previously determined to be
                                                compliance with the parts-marking                       reliability and durability of its device,             as effective in reducing and deterring
                                                requirements of the Federal Motor                       BMW stated that it conducted tests on                 motor vehicle theft as would
                                                Vehicle Theft Prevention Standard                       the antitheft device which complied                   compliance with the parts-marking
                                                (Theft Prevention Standard). BMW also                   with its own specific standards. BMW                  requirements of part 541. Specifically,
                                                requested confidential treatment for                    further stated that its antitheft device              BMW has installed its antitheft device


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Document Created: 2018-11-02 09:14:02
Document Modified: 2018-11-02 09:14:02
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 Citation83 FR 22741 

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