Indexing the Annual Operating Revenues of Railroads, 57553-57554 [2010-23463]

Download as PDF 57553 srobinson on DSKHWCL6B1PROD with NOTICES Federal Register / Vol. 75, No. 182 / Tuesday, September 21, 2010 / Notices enable it to begin the manufacture and sale of the Karma earlier than it could otherwise. This will provide additional consumer choice in selecting a motor vehicle, encourage the development of fuel-efficient and alternative-energy vehicles, and provide additional employment opportunities. It will also enable Fisker to generate funds through the sale of vehicles, which will help it sustain vehicle development plans, including meeting the advanced air bag requirements. We have also considered safety issues related to the exemption requested by Fisker. With respect to transporting children, Fisker noted that the Karma is equipped with two rear seats. Each rear seat is equipped with a child seat LATCH system.7 Fisker stated that child seats may be safely placed in these rear seat positions. The Karma will also have the permanently affixed ‘‘sun visor air bag warning label’’ and a removable ‘‘warning label on the dashboard’’ that NHTSA developed/requires for vehicles without advanced air bags. Thus, parents and others will be able to transport children in the rear seats of the Karma without exposing them to the risks of air bags, and the vehicles will have warning labels concerning the risks of air bags. This helps minimize any safety disbenefits of the vehicle not meeting requirements for advanced air bags. We also note again that the coupe version of the Karma will be equipped with eight functional air bags (front, side, knee and curtain air bags). The convertible version will be equipped with six functional air bags (front, side and knee air bags). Both versions will include seat belts with pretensioners and load limiters. Given the relatively small number of vehicles that will be produced during the one-year exemption and the above discussion, we believe that the requested exemption would have a negligible effect on motor vehicle safety. We note that, as explained below, prospective purchasers will be notified that the vehicle is exempted from the specified advanced air bag requirements of Standard No. 208. Under § 555.9(b), a manufacturer of an exempted passenger car must affix securely to the windshield or side window of each exempted vehicle a label containing a statement that the vehicle conforms to all applicable FMVSSs in effect on the date of manufacture ‘‘except for Standard Nos. [listing the standards by number and title for which an exemption has been granted] exempted 7 Lower Anchors and Tethers for Children (LATCH) Restraint System. VerDate Mar<15>2010 19:02 Sep 20, 2010 Jkt 220001 pursuant to NHTSA Exemption No. lllll.’’ This label notifies prospective purchasers about the exemption and its subject. Under § 555.9(c), this information must also be included on the vehicle’s certification label. The text of § 555.9 does not expressly indicate how the required statement on the two labels should read in situations where an exemption covers part but not all of a FMVSS. In this case, we believe that a statement that the vehicle has been exempted from Standard No. 208 generally, without an indication that the exemption is limited to the specified advanced air bag provisions, could be misleading. A consumer might incorrectly believe that the vehicle has been exempted from all of Standard No. 208’s requirements. Moreover, we believe that the addition of a reference to such provisions by number without an indication of its subject matter would be of little use to consumers, since they would not know the subject of those specific provisions. For these reasons, we believe the two labels should read in relevant part, ‘‘except for S14 (apart from S14.5.1(b)), S15, S17, S19, S21, S23, and S25 (Advanced Air Bag Requirements) of Standard No. 208, Occupant Crash Protection, exempted pursuant to * * *.’’ We note that the phrase ‘‘Advanced Air Bag Requirements’’ is an abbreviated form of the title of S14 of Standard No. 208. We believe it is reasonable to interpret § 555.9 as requiring this language. e. Decision In consideration of the foregoing, we conclude that compliance with the advanced air bag requirements of FMVSS No. 208, Occupant Crash Protection, would cause substantial economic hardship to a manufacturer that has tried in good faith to comply with the standard. We further conclude that granting of an exemption would be in the public interest and consistent with the objectives of traffic safety. In accordance with 49 U.S.C. 30113(b)(3)(B)(i), Fisker is granted NHTSA Temporary Exemption No. EX 10–01, from S14 (apart from S14.5.1(b)), S15, S17, S19, S21, S23, and S25 of FMVSS No. 208. In addition to certifying compliance with the belted 50th percentile adult male dummy barrier impact requirements in S14.5.1(b), Fisker must certify to the unbelted 50th percentile adult male dummy barrier impact test requirement that applied prior to September 1, 2006 (S5.1.2(a)). For purposes of this exemption, the unbelted sled test in S13 is an acceptable option for that requirement. PO 00000 Frm 00117 Fmt 4703 Sfmt 4703 The exemption is for the Karma and shall remain in effect for one year as indicated in the DATES section of this document. (49 U.S.C. 30113; delegations of authority at 49 CFR 1.50. and 501.8) Issued on: September 15, 2010. David L. Strickland, Administrator. [FR Doc. 2010–23472 Filed 9–20–10; 8:45 am] BILLING CODE 4910–59–P DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Docket No. CU 159] Indexing the Annual Operating Revenues of Railroads The Surface Transportation Board (STB) is publishing the annual inflationadjusted index factors for 2009. These factors are used by the railroads to adjust their gross annual operating revenues for classification purposes. This indexing methodology insures that railroads are classified based on real business expansion and not from the affects of inflation. Classification is important because it determines the extent to which individual railroads must comply with STB reporting requirements. The STB’s annual inflation-adjusted factors are based on the annual average Railroad’s Freight Price Index which is developed by the Bureau of Labor Statistics (BLS). The STB’s deflator factor is used to deflate revenues for comparison with established revenue thresholds. The base year for railroads is 1991. The inflation index factors are presented as follows: STB RAILROAD INFLATION-ADJUSTED INDEX AND DEFLATOR FACTOR TABLE Year 1991 1992 1993 1994 1995 1996 1997 1998 1999 .......................... .......................... .......................... .......................... .......................... .......................... .......................... .......................... .......................... Index 409.50 411.80 415.50 418.80 418.17 417.46 419.67 424.54 423.01 Deflator 1100.00 99.45 98.55 97.70 97.85 98.02 97.50 96.38 96.72 1 Montana Rail Link, Inc., and Wisconsin Central Ltd., Joint Petition For Rulemaking With Respect To 49 CFR Part 1201, 8 I.C.C. 2d 625 (1992) raised the revenue classification level for Class I railroads from $50 million (1978 dollars) to $250 million (1991 dollars), effective for the reporting year beginning January 1, 1992. The Class II threshold was also raised from $10 million (1978 dollars) to $20 million (1991 dollars). E:\FR\FM\21SEN1.SGM 21SEN1 57554 Federal Register / Vol. 75, No. 182 / Tuesday, September 21, 2010 / Notices STB RAILROAD INFLATION-ADJUSTED INDEX AND DEFLATOR FACTOR TABLE—Continued Year srobinson on DSKHWCL6B1PROD with NOTICES 2000 2001 2002 2003 2004 2005 Index .......................... .......................... .......................... .......................... .......................... .......................... VerDate Mar<15>2010 hearing impaired: 1–800–877–8339. Year Deflator 428.64 436.48 445.03 454.33 473.41 522.41 19:02 Sep 20, 2010 STB RAILROAD INFLATION-ADJUSTED FOR FURTHER INFORMATION CONTACT: INDEX AND DEFLATOR FACTOR Scott Decker 202–245–0330. Federal Information Relay Service (FIRS) for the TABLE—Continued 95.45 93.73 91.92 90.03 86.40 78.29 Jkt 220001 2006 2007 2008 2009 .......................... .......................... .......................... .......................... DATES: PO 00000 Index 567.34 588.27 656.78 619.73 Deflator 72.09 69.52 62.28 66.00 Effective Date: January 1, 2009. Frm 00118 Fmt 4703 Sfmt 9990 By the Board, William F. Huneke, Director, Office of Economics. Jeffrey Herzig, Clearance Clerk. [FR Doc. 2010–23463 Filed 9–20–10; 8:45 am] BILLING CODE 4915–01–P E:\FR\FM\21SEN1.SGM 21SEN1

Agencies

[Federal Register Volume 75, Number 182 (Tuesday, September 21, 2010)]
[Notices]
[Pages 57553-57554]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-23463]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Docket No. CU 159]


Indexing the Annual Operating Revenues of Railroads

    The Surface Transportation Board (STB) is publishing the annual 
inflation- adjusted index factors for 2009. These factors are used by 
the railroads to adjust their gross annual operating revenues for 
classification purposes. This indexing methodology insures that 
railroads are classified based on real business expansion and not from 
the affects of inflation. Classification is important because it 
determines the extent to which individual railroads must comply with 
STB reporting requirements.
    The STB's annual inflation-adjusted factors are based on the annual 
average Railroad's Freight Price Index which is developed by the Bureau 
of Labor Statistics (BLS). The STB's deflator factor is used to deflate 
revenues for comparison with established revenue thresholds.
    The base year for railroads is 1991. The inflation index factors 
are presented as follows:
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    \1\ Montana Rail Link, Inc., and Wisconsin Central Ltd., Joint 
Petition For Rulemaking With Respect To 49 CFR Part 1201, 8 I.C.C. 
2d 625 (1992) raised the revenue classification level for Class I 
railroads from $50 million (1978 dollars) to $250 million (1991 
dollars), effective for the reporting year beginning January 1, 
1992. The Class II threshold was also raised from $10 million (1978 
dollars) to $20 million (1991 dollars).

     STB Railroad Inflation-Adjusted Index and Deflator Factor Table
------------------------------------------------------------------------
                       Year                           Index     Deflator
------------------------------------------------------------------------
1991..............................................     409.50  \1\100.00
1992..............................................     411.80      99.45
1993..............................................     415.50      98.55
1994..............................................     418.80      97.70
1995..............................................     418.17      97.85
1996..............................................     417.46      98.02
1997..............................................     419.67      97.50
1998..............................................     424.54      96.38
1999..............................................     423.01      96.72

[[Page 57554]]

 
2000..............................................     428.64      95.45
2001..............................................     436.48      93.73
2002..............................................     445.03      91.92
2003..............................................     454.33      90.03
2004..............................................     473.41      86.40
2005..............................................     522.41      78.29
2006..............................................     567.34      72.09
2007..............................................     588.27      69.52
2008..............................................     656.78      62.28
2009..............................................     619.73      66.00
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DATES: Effective Date: January 1, 2009.

FOR FURTHER INFORMATION CONTACT: Scott Decker 202-245-0330. Federal 
Information Relay Service (FIRS) for the hearing impaired: 1-800-877-
8339.

    By the Board, William F. Huneke, Director, Office of Economics.
Jeffrey Herzig,
Clearance Clerk.
[FR Doc. 2010-23463 Filed 9-20-10; 8:45 am]
BILLING CODE 4915-01-P