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