Petition for Waiver of Compliance, 8135-8136 [05-3018]
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Federal Register / Vol. 70, No. 32 / Thursday, February 17, 2005 / Notices
Despite the termination of the
consultant contact, the Virginia
Department of Transportation
considered other options that might lead
to the development of the Western
Transportation Corridor. In 2004, the
Virginia Department of Transportation
put out a request to the private sector
soliciting their interest in developing
the Western Transportation Corridor.
The solicitation did not elicit any
interest, so the Virginia Department of
Transportation will not continue to
pursue the development of the Western
Transportation Corridor at this time or
the preparation of an Environmental
Impact Statement.
(Catalog of Federal Domestic Assistance
Program Number 20.205, Highway Planning
and Construction. The regulations
implementing Executive Order 12372
regarding intergovernmental consultation on
Federal programs and activities apply to this
proposed action.)
Authority: 23 U.S.C. 315; 49 CFR 1.48.
Issued on: February 8, 2005.
Edward S. Sundra,
Senior Environmental Specialist.
[FR Doc. 05–3079 Filed 2–16–05; 8:45 am]
BILLING CODE 4910–22–M
DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
Proposed Agency Information
Collection Activities; Comment
Request
Federal Railroad
Administration, DOT.
ACTION: Notice and request for
comments.
AGENCY:
SUMMARY: In compliance with the
Paperwork Reduction Act of 1995 (44
U.S.C. 3501 et seq.), this notice
announces that the Information
Collection Requirements (ICRs)
abstracted below have been forwarded
to the Office of Management and Budget
(OMB) for review and comment. The
ICRs describes the nature of the
information collections and their
expected burdens. The Federal Register
notice with a 60-day comment period
soliciting comments on the following
collection of information was published
on December 10, 2004 (69 FR 71869).
DATES: Comments must be submitted on
or before March 21, 2005.
FOR FURTHER INFORMATION CONTACT: Mr.
Robert Brogan, Office of Planning and
Evaluation Division, RRS–21, Federal
Railroad Administration, 1120 Vermont
Ave., NW., Mail Stop 17, Washington,
DC 20590 (telephone: (202) 493–6292),
or Debra Steward, Office of Information
VerDate jul<14>2003
14:41 Feb 16, 2005
Jkt 205001
Technology and Productivity
Improvement, RAD–20, Federal
Railroad Administration, 1120 Vermont
Ave., NW., Mail Stop 35, Washington,
DC 20590 (telephone: (202) 493–6139).
(These telephone numbers are not tollfree.)
SUPPLEMENTARY INFORMATION: The
Paperwork Reduction Act of 1995
(PRA), Pub. L. 104–13, 2, 109 Stat. 163
(1995) (codified as revised at 44 U.S.C.
3501–3520), and its implementing
regulations, 5 CFR Part 1320, require
Federal agencies to issue two notices
seeking public comment on information
collection activities before OMB may
approve paperwork packages. 44 U.S.C.
3506, 3507; 5 CFR 1320.5, 1320.8(d)(1),
1320.12. On December 10, 2004, FRA
published a 60-day notice in the Federal
Register soliciting comment on ICRs
that the agency was seeking OMB
approval. 69 FR 71869. FRA received no
comments after issuing this notice.
Accordingly, DOT announces that these
information collection activities have
been re-evaluated and certified under 5
CFR 1320.5(a) and forwarded to OMB
for review and approval pursuant to 5
CFR 1320.12(c).
Before OMB decides whether to
approve these proposed collections of
information, it must provide 30 days for
public comment. 44 U.S.C. 3507(b); 5
CFR 1320.12(d). Federal law requires
OMB to approve or disapprove
paperwork packages between 30 and 60
days after the 30 day notice is
published. 44 U.S.C. 3507 (b)–(c); 5 CFR
1320.12(d); see also 60 FR 44978, 44983,
Aug. 29, 1995. OMB believes that the 30
day notice informs the regulated
community to file relevant comments
and affords the agency adequate time to
digest public comments before it
renders a decision. 60 FR 44983, Aug.
29, 1995. Therefore, respondents should
submit their respective comments to
OMB within 30 days of publication to
best ensure having their full effect. 5
CFR 1320.12(c); see also 60 FR 44983,
Aug. 29, 1995.
The summary below describes the
nature of the information collection
requirements (ICRs) and the expected
burden. The proposed requirements are
being submitted for clearance by OMB
as required by the PRA.
Title: Safety Integration Plans.
OMB Control Number: 2130–0557.
Type of Request: Extension of a
currently approved collection.
Affected Public: Railroads.
Form(s): N/A.
Abstract: The Federal Railroad
Administration (FRA) and the Surface
Transportation Board (STB), working in
conjunction with each other, issued
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8135
joint final rules establishing procedures
for the development and
implementation of safety integration
plans (‘‘SIPs’’ or ‘‘plans’’) by a Class I
railroad proposing to engage in certain
specified merger, consolidation, or
acquisition of control transactions with
another Class I railroad, or a Class II
railroad with which it proposes to
amalgamate operations. The scope of the
transactions covered under the two
rules is the same. FRA will use the
information collected, notably the
required SIPs, to maintain and promote
a safe rail environment by ensuring that
affected railroads (Class Is and some
Class IIs) address critical safety issues
unique to the amalgamation of large,
complex railroad operations.
Annual Estimated Burden Hours: 528
hours.
ADDRESSES: Send comments regarding
these information collections to the
Office of Information and Regulatory
Affairs, Office of Management and
Budget, 725 Seventeenth Street, NW.,
Washington, DC, 20503, Attention: FRA
Desk Officer.
Comments are invited on the
following: Whether the proposed
collections of information are necessary
for the proper performance of the
functions of the Department, including
whether the information will have
practical utility; the accuracy of the
Department’s estimates of the burden of
the proposed information collections;
ways to enhance the quality, utility, and
clarity of the information to be
collected; and ways to minimize the
burden of the collections of information
on respondents, including the use of
automated collection techniques or
other forms of information technology.
A comment to OMB is best assured of
having its full effect if OMB receives it
within 30 days of publication of this
notice in the Federal Register.
Authority: 44 U.S.C. 3501–3520.
Issued in Washington, DC on February 9,
2005.
Kathy A. Weiner,
Director, Office of Information Technology
and Support Systems, Federal Railroad
Administration.
[FR Doc. 05–3015 Filed 2–16–05; 8:45 am]
BILLING CODE 4910–06–P
DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
Petition for Waiver of Compliance
In accordance with part 211 of Title
49 Code of Federal Regulations (CFR),
notice is hereby given that the Federal
Railroad Administration (FRA) received
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8136
Federal Register / Vol. 70, No. 32 / Thursday, February 17, 2005 / Notices
a request for a waiver of compliance
with certain requirements of its safety
standards. The individual petition is
described below, including the party
seeking relief, the regulatory provisions
involved, the nature of the relief being
requested, and the petitioner’s
arguments in favor of relief.
Uniontown Central Railroad (UTCV)
(Waiver Petition Docket Number FRA–
2004–19999)
The Uniontown Central Railroad
(UTCV) seeks a waiver of compliance
from certain provisions of the Safety
Glazing Standards, 49 CFR part 223,
which requires certified glazing in all
windows.
This request is for two (2) cabooses,
Car Numbers PC 18086 (built in 1946)
and P&LE 504 (built in 1956), and one
locomotive, UTCV 5656. The UTCV
claims that its operation has low
incidence of vandalism, the windows of
these cabooses and locomotive are of
odd sizes, and the costs of FRA Type I
and II glazing are high. In addition, the
UTCV stated that the maximum speed of
its equipment is 20 miles per hour.
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 (e.g., Waiver
Petition Docket Number 2004–19999)
and must be submitted to the Docket
Clerk, DOT Docket Management
Facility, Room PL–401 (Plaza Level),
400 7th Street, SW., Washington, DC
20590. Communications received within
45 days of the date of this notice will
be considered by FRA before final
action is taken. Comments received after
that date will be considered as far as
practicable. All written communications
concerning these proceedings are
available for examination during regular
business hours (9 a.m.–5 p.m.) at the
above facility. All documents in the
public docket are also available for
inspection and copying on the Internet
at the docket facility’s Web site at
https://dms.dot.gov.
Anyone is able to search the
electronic form of all comments
received into any of our dockets by the
name of the individual submitting the
comment (or signing the comment, if
submitted on behalf of an association,
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14:41 Feb 16, 2005
Jkt 205001
business, labor union, etc.). You may
review DOT’s complete Privacy Act
Statement in the Federal Register
published on April 11, 2000 (Volume
65, Number 70; Pages 19477–78). The
Statement may also be found at https://
dms.dot.gov.
Issued in Washington, DC, on February 9,
2005.
Grady C. Cothen, Jr.,
Deputy Associate Administrator for Safety
Standards and Program Development.
[FR Doc. 05–3018 Filed 2–16–05; 8:45 am]
BILLING CODE 4910–06–P
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety
Administration
[Docket No. NHTSA 2003–14826, Notice 2]
Nissan North America Inc., Notice of
Grant of Application for Decision of
Inconsequential Noncompliance
Nissan North America (Nissan) has
determined that some 2002–2003 Model
Year (MY) Altimas are equipped with
side marker lamps that fail to comply
with certain requirements of Federal
Motor Vehicle Safety Standard (FMVSS)
No. 108, ‘‘Lamps, Reflective Devices and
Associated Equipment.’’ Nissan has
filed an appropriate report pursuant to
49 CFR part 573, ‘‘Defect and
Noncompliance Reports.’’ Nissan has
also applied to be exempted from the
notification and remedy requirements of
49 U.S.C Chapter 301—‘‘Motor Vehicle
Safety’’ on the basis that the
noncompliance is inconsequential to
motor vehicle safety.
Notice of receipt of the application
was published in the Federal Register
(68 FR 60147) on October 21, 2003.
Opportunity was afforded for public
comment until November 20, 2003.
Comments were received from lighting
manufacturers Koito Manufacturing Co.,
LTD. (Koito), and North American
Lighting (NAL). Nissan submitted a
letter September 28, 2004, in support of
its petition; this letter referenced a
FMVSS No. 108 final rule published in
the Federal Register (69 FR 48805) on
August 11, 2004. Nissan also submitted
data in support of its letter on October
22, 2004.
Paragraph S5.1.1 of FMVSS No.108
states that ‘‘* * * each vehicle shall be
equipped with at least the number of
lamps, reflective devices, and associated
equipment specified in Tables I and III
and S7, as applicable. Required
equipment shall be designed to conform
to the SAE Standards or Recommended
Practices referenced in those tables
* * * Table III applies to passenger cars
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and motorcycles and to multipurpose
passenger vehicles, trucks, trailers, and
buses less than 80 inches in overall
width.’’ For side marker lamps, Table III
lists SAE J592e, July 1972, which in
turn requires section J ‘‘Photometry
Test’’ of SAE J575 to be met. Section J
of SAE J575 states that ‘‘when making
photometric measurements at specified
test points, the candlepower
requirements between test points shall
not be less than the lower specified
value of two closest adjacent test points
for minimum values.’’ The specified
photometric value required for amber
side markers such as those used on the
subject Nissan Altimas is 0.62 cd.
Nissan stated that extensive testing
has shown that the side marker lamps
consistently meet the photometric
requirements at the required test points,
but that the lamps fail to satisfy the
requirement to maintain the lower
minimum intensity value of two test
points between those test points.
However, Nissan stated that the
noncompliance does not affect the
primary purpose of the lamps to provide
proper visibility allowing identification
of the front edge of the vehicle at night.
Nissan argued that the reported
noncompliance is inconsequential as it
relates to motor vehicle safety. In its
letter received by the agency on
September 28, 2004, Nissan discussed
the applicability of the cited final rule
that amended requirements of FMVSS
No. 108. Nissan pointed out that the
final rule contained a provision for side
marker lamps mounted less than 750
mm above the road surface that allows
compliance with photometric
requirements at a 5 degree downward
visibility angle instead of the previously
required 10 degree downward visibility
angle. Nissan stated that the Altima side
marker lamps would be compliant
under the amended Standard because
the light output at 5 degrees downward
surpasses the minimum requirement of
0.62 cd at, and between, test points.
Both of the public comments
received, from Koito and NAL,
supported granting Nissan’s petition.
Both companies stated they believe the
noncompliance in question is
inconsequential to motor vehicle safety.
They supported this conclusion with
various comments that indicated a belief
that the ability to recognize the presence
of the subject Altimas, as well as the
overall length of these vehicles, is not
adversely impacted by the
noncompliance in question.
We have reviewed Nissan’s rationale
for granting the petition and we agree.
The aforementioned final rule published
on August 11, 2004, did indeed amend
the photometric requirement for low-
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]]>Agencies
[Federal Register Volume 70, Number 32 (Thursday, February 17, 2005)]
[Notices]
[Pages 8135-8136]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-3018]
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DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
Petition for Waiver of Compliance
In accordance with part 211 of Title 49 Code of Federal Regulations
(CFR), notice is hereby given that the Federal Railroad Administration
(FRA) received
[[Page 8136]]
a request for a waiver of compliance with certain requirements of its
safety standards. The individual petition is described below, including
the party seeking relief, the regulatory provisions involved, the
nature of the relief being requested, and the petitioner's arguments in
favor of relief.
Uniontown Central Railroad (UTCV) (Waiver Petition Docket Number FRA-
2004-19999)
The Uniontown Central Railroad (UTCV) seeks a waiver of compliance
from certain provisions of the Safety Glazing Standards, 49 CFR part
223, which requires certified glazing in all windows.
This request is for two (2) cabooses, Car Numbers PC 18086 (built
in 1946) and P&LE 504 (built in 1956), and one locomotive, UTCV 5656.
The UTCV claims that its operation has low incidence of vandalism, the
windows of these cabooses and locomotive are of odd sizes, and the
costs of FRA Type I and II glazing are high. In addition, the UTCV
stated that the maximum speed of its equipment is 20 miles per hour.
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 (e.g., Waiver Petition Docket Number 2004-
19999) and must be submitted to the Docket Clerk, DOT Docket Management
Facility, Room PL-401 (Plaza Level), 400 7th Street, SW., Washington,
DC 20590. Communications received within 45 days of the date of this
notice will be considered by FRA before final action is taken. Comments
received after that date will be considered as far as practicable. All
written communications concerning these proceedings are available for
examination during regular business hours (9 a.m.-5 p.m.) at the above
facility. All documents in the public docket are also available for
inspection and copying on the Internet at the docket facility's Web
site at https://dms.dot.gov.
Anyone is able to search the electronic form of all comments
received into any of our dockets by the name of the individual
submitting the comment (or signing the comment, if submitted on behalf
of an association, business, labor union, etc.). You may review DOT's
complete Privacy Act Statement in the Federal Register published on
April 11, 2000 (Volume 65, Number 70; Pages 19477-78). The Statement
may also be found at https://dms.dot.gov.
Issued in Washington, DC, on February 9, 2005.
Grady C. Cothen, Jr.,
Deputy Associate Administrator for Safety Standards and Program
Development.
[FR Doc. 05-3018 Filed 2-16-05; 8:45 am]
BILLING CODE 4910-06-P
