Petition for Waiver of Compliance, 47638-47639 [2011-19827]

Download as PDF 47638 Federal Register / Vol. 76, No. 151 / Friday, August 5, 2011 / Notices (Catalog of Federal Domestic Assistance Numbers 59002 and 59008) James E. Rivera, Associate Administrator for Disaster Assistance. [FR Doc. 2011–19908 Filed 8–4–11; 8:45 am] BILLING CODE 8025–01–P SMALL BUSINESS ADMINISTRATION [Disaster Declaration #12576 and #12577] Missouri Disaster Number MO–00048 U.S. Small Business Administration. ACTION: Amendment 8. AGENCY: This is an amendment of the Presidential declaration of a major disaster for the State of Missouri (FEMA–1980–DR), dated 05/09/2011. Incident: Severe Storms, Tornadoes, and Flooding. Incident Period: 04/19/2011 through 06/06/2011. Effective Date: 08/01/2011. Physical Loan Application Deadline Date: 08/26/2011. EIDL Loan Application Deadline Date: 02/09/2012. ADDRESSES: Submit completed loan applications to: U.S. Small Business Administration, Processing and Disbursement Center, 14925 Kingsport Road, Fort Worth, TX 76155. FOR FURTHER INFORMATION CONTACT: A. Escobar, Office of Disaster Assistance, U.S. Small Business Administration, 409 3rd Street, SW., Suite 6050, Washington, DC 20416. SUPPLEMENTARY INFORMATION: The notice of the President’s major disaster declaration for the State of Missouri, dated 05/09/2011 is hereby amended to extend the deadline for filing applications for physical damage as a result of this disaster to 08/26/2011. All other information in the original declaration remains unchanged. SUMMARY: (Catalog of Federal Domestic Assistance Numbers 59002 and 59008) James E. Rivera, Associate Administrator for Disaster Assistance. [FR Doc. 2011–19906 Filed 8–4–11; 8:45 am] erowe on DSKG8SOYB1PROD with NOTICES BILLING CODE 8025–01–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), VerDate Mar<15>2010 15:16 Aug 04, 2011 Jkt 223001 notice is hereby given that the Federal Railroad Administration (FRA) has received a request for a waiver of compliance from 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. Denton County Transportation Authority (Waiver Petition Docket Number FRA–2010–0180) The Denton County Transportation Authority (DCTA) seeks a temporary waiver from some of the regulatory requirements of the CFR to operate new Stadler 2/6 GTW Diesel Multiple Units (DMUs) for use on its new ‘‘A-train’’ commuter rail service. This temporary relief is necessary so that DCTA can conduct vehicle acceptance, employee training, and equipment familiarization until such time that a second waiver request, relating to Alternate Vehicle Technology (AVT), is submitted. DCTA has ordered 11 Stadler Bussnang AG, GTW 2/6 DMUs (the first of which will arrive in July 2011) for use on its new ‘‘A-train’’ commuter rail service between Dallas and Denton, TX. These vehicles are constructed by a European manufacturer and meet European safety standards for crashworthiness and related safety measures. DCTA submitted the first petition for relief (the ‘‘Base Waiver’’) in which it sought relief from certain requirements of 49 CFR Part 238, Passenger Equipment Safety Standards (Sections 238.115, 238.121, 238.223, 238.229, 238.230, 238.305, 238.309, and Appendix D—Requirements for External Fuel Tanks on Tier I Locomotives); part 229, Railroad Locomotive Safety Standards (§§ 229.31, 229.47, 229.51, 229.71, 229.135, and Appendix D— Criteria for Certification of Crashworthy Event Recorder Memory Module); part 231, Railroad Safety Appliance Standards (§ 231.14); and part 239, Passenger Train Emergency Preparedness (§ 239.101). FRA rendered its decision in a July 13, 2011, letter. DCTA is currently in the process of developing the technical justification documentation to petition FRA for an AVT compliance waiver for use of this equipment on main tracks. Until such documentation is submitted, DCTA would like to operate this equipment so it can conduct vehicle acceptance, employee training, and equipment familiarization. DCTA will implement temporal separation, and seeks temporary relief from certain requirements of 49 CFR, particularly § 238.203—Static end strength; PO 00000 Frm 00102 Fmt 4703 Sfmt 4703 § 238.205—Anti-climbing mechanism; § 238.207—Link between coupling mechanism and car body; § 238.209— Forward end structure of locomotives, including cab cars and MU locomotives; § 238.211—Collision posts; § 238.213— Corner posts; § 238.215—Rollover strength; § 238.217—Side structure; § 238.219—Truck-to-car-body attachment; and § 238.233—Interior fittings and surfaces. 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 FRA–2010– 0180) and may be submitted by any of the following methods: • Web site: https:// www.regulations.gov. Follow the online instructions for submitting comments. • Fax: 202–493–2251. • Mail: Docket Operations Facility, U.S. Department of Transportation, 1200 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 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://www.regulations.gov. Anyone is able to 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 comment, if submitted on behalf of an association, business, labor union, etc.). You may review the U.S. Department of Transportation’s complete Privacy Act Statement in the Federal Register published on April 11, 2000 (Volume E:\FR\FM\05AUN1.SGM 05AUN1 Federal Register / Vol. 76, No. 151 / Friday, August 5, 2011 / Notices 65, Number 70; Pages 19477–78) or online at https://www.dot.gov/ privacy.html. Issued in Washington, DC on August 1, 2011. Robert C. Lauby, Deputy Associate Administrator for Regulatory and Legislative Operations. [FR Doc. 2011–19827 Filed 8–4–11; 8:45 am] BILLING CODE 4910–06–P DEPARTMENT OF TRANSPORTATION National Highway Traffic Safety Administration [Docket No. NHTSA–2011–0110] Tesla Motors, Inc.; Receipt of Petition for Temporary Exemption From the Electronic Stability Control Requirements of FMVSS No. 126 National Highway Traffic Safety Administration (NHTSA), Department of Transportation (DOT). ACTION: Notice of receipt of a petition for temporary exemption from Federal Motor Vehicle Safety Standard (FMVSS) No. 126, Electronic Stability Control Systems. AGENCY: In accordance with the procedures in 49 CFR part 555, Tesla Motors, Inc., has petitioned the agency for a temporary exemption from the electronic stability control requirements of FMVSS No. 126. The bases for the application are that the petitioner avers that the exemption would make the development or field evaluation of a low-emission vehicle easier and would not unreasonably lower the safety level of that vehicle and that compliance would cause it substantial economic hardship and that it has tried in good faith to comply with the standard.1 This notice of receipt of an application for a temporary exemption is published in accordance with statutory and administrative provisions. NHTSA has made no judgment on the merits of the application. DATES: You should submit your comments not later than September 6, 2011. SUMMARY: erowe on DSKG8SOYB1PROD with NOTICES FOR FURTHER INFORMATION CONTACT: David Jasinski, Office of the Chief Counsel, NCC–112, National Highway Traffic Safety Administration, 1200 New Jersey Avenue, SE., West Building 4th Floor, Room W41–213, Washington, DC 20590. Telephone: (202) 366–2992; Fax: (202) 366–3820. 1 To view the application, go to https:// www.regulations.gov and enter the docket number set forth in the heading of this document. VerDate Mar<15>2010 15:16 Aug 04, 2011 Jkt 223001 We invite you to submit comments on the application described above. You may submit comments identified by docket number at the heading of this notice by any of the following methods: • Web Site: https:// www.regulations.gov. Follow the instructions for submitting comments on the electronic docket site by clicking on ‘‘Help and Information’’ or ‘‘Help/ Info.’’ • Fax: 1–202–493–2251. • Mail: U.S. Department of Transportation, Docket Operations, M– 30, Room W12–140, 1200 New Jersey Avenue, SE., Washington, DC 20590. • Hand Delivery: 1200 New Jersey Avenue, SE., West Building Ground Floor, Room W12–140, Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal Holidays. • Federal eRulemaking Portal: Go to https://www.regulations.gov. Follow the online instructions for submitting comments. Instructions: All submissions must include the agency name and docket number. Note that all comments received will be posted without change to https://www.regulations.gov, including any personal information provided. Please see the Privacy Act discussion below. We will consider all comments received before the close of business on the comment closing date indicated above. To the extent possible, we will also consider comments filed after the closing date. Docket: For access to the docket to read background documents or comments received, go to https:// www.regulations.gov at any time or to 1200 New Jersey Avenue, SE., West Building Ground Floor, Room W12–140, Washington, DC 20590, between 9 am and 5 pm, Monday through Friday, except Federal Holidays. Telephone: (202) 366–9826. Privacy Act: 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) or you may visit https://www.dot.gov/ privacy.html. Confidential Business Information: If you wish to submit any information under a claim of confidentiality, you should submit three copies of your complete submission, including the information you claim to be confidential business information, to the Chief ADDRESSES: PO 00000 Frm 00103 Fmt 4703 Sfmt 4703 47639 Counsel, NHTSA, at the address given under FOR FURTHER INFORMATION CONTACT. In addition, you should submit two copies, from which you have deleted the claimed confidential business information, to Docket Management at the address given above. When you send a comment containing information claimed to be confidential business information, you should include a cover letter setting forth the information specified in our confidential business information regulation (49 CFR part 512). SUPPLEMENTARY INFORMATION: I. Statutory Basis for Temporary Exemptions The National Traffic and Motor Vehicle Safety Act (Safety Act), codified as 49 U.S.C. chapter 301, authorizes the Secretary of Transportation to exempt, on a temporary basis and under specified circumstances, motor vehicles from a motor vehicle safety standard or bumper standard. This authority is set forth at 49 U.S.C. 30113. The Secretary has delegated the authority in this section to NHTSA. NHTSA established 49 CFR part 555, Temporary Exemption from Motor Vehicle Safety and Bumper Standards, to implement the statutory provisions concerning temporary exemptions. A vehicle manufacturer wishing to obtain an exemption from a standard must demonstrate in its application (A) that an exemption would be in the public interest and consistent with the Safety Act and (B) that the manufacturer satisfies one of the following four bases for an exemption: (i) Compliance with the standard would cause substantial economic hardship to a manufacturer that has tried to comply with the standard in good faith; (ii) the exemption would make easier the development or field evaluation of a new motor vehicle safety feature providing a safety level at least equal to the safety level of the standard; (iii) the exemption would make the development or field evaluation of a low-emission motor vehicle easier and would not unreasonably lower the safety level of that vehicle; or (iv) compliance with the standard would prevent the manufacturer from selling a motor vehicle with an overall safety level at least equal to the overall safety level of nonexempt vehicles. Only small manufacturers can obtain an economic hardship exemption. A manufacturer is eligible to apply for a hardship exemption if its total motor vehicle production in its most recent year of production did not exceed 10,000 vehicles, as determined by the NHTSA Administrator (49 U.S.C. E:\FR\FM\05AUN1.SGM 05AUN1

Agencies

[Federal Register Volume 76, Number 151 (Friday, August 5, 2011)]
[Notices]
[Pages 47638-47639]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-19827]


=======================================================================
-----------------------------------------------------------------------

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) has received a request for a waiver of compliance from 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.

Denton County Transportation Authority (Waiver Petition Docket Number 
FRA-2010-0180)

    The Denton County Transportation Authority (DCTA) seeks a temporary 
waiver from some of the regulatory requirements of the CFR to operate 
new Stadler 2/6 GTW Diesel Multiple Units (DMUs) for use on its new 
``A-train'' commuter rail service. This temporary relief is necessary 
so that DCTA can conduct vehicle acceptance, employee training, and 
equipment familiarization until such time that a second waiver request, 
relating to Alternate Vehicle Technology (AVT), is submitted.
    DCTA has ordered 11 Stadler Bussnang AG, GTW 2/6 DMUs (the first of 
which will arrive in July 2011) for use on its new ``A-train'' commuter 
rail service between Dallas and Denton, TX. These vehicles are 
constructed by a European manufacturer and meet European safety 
standards for crashworthiness and related safety measures. DCTA 
submitted the first petition for relief (the ``Base Waiver'') in which 
it sought relief from certain requirements of 49 CFR Part 238, 
Passenger Equipment Safety Standards (Sections 238.115, 238.121, 
238.223, 238.229, 238.230, 238.305, 238.309, and Appendix D--
Requirements for External Fuel Tanks on Tier I Locomotives); part 229, 
Railroad Locomotive Safety Standards (Sec. Sec.  229.31, 229.47, 
229.51, 229.71, 229.135, and Appendix D--Criteria for Certification of 
Crashworthy Event Recorder Memory Module); part 231, Railroad Safety 
Appliance Standards (Sec.  231.14); and part 239, Passenger Train 
Emergency Preparedness (Sec.  239.101). FRA rendered its decision in a 
July 13, 2011, letter.
    DCTA is currently in the process of developing the technical 
justification documentation to petition FRA for an AVT compliance 
waiver for use of this equipment on main tracks.
    Until such documentation is submitted, DCTA would like to operate 
this equipment so it can conduct vehicle acceptance, employee training, 
and equipment familiarization. DCTA will implement temporal separation, 
and seeks temporary relief from certain requirements of 49 CFR, 
particularly Sec.  238.203--Static end strength; Sec.  238.205--Anti-
climbing mechanism; Sec.  238.207--Link between coupling mechanism and 
car body; Sec.  238.209--Forward end structure of locomotives, 
including cab cars and MU locomotives; Sec.  238.211--Collision posts; 
Sec.  238.213--Corner posts; Sec.  238.215--Rollover strength; Sec.  
238.217--Side structure; Sec.  238.219--Truck-to-car-body attachment; 
and Sec.  238.233--Interior fittings and surfaces.
    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 FRA-
2010-0180) and may be submitted by any of the following methods:
     Web site: https://www.regulations.gov. Follow the online 
instructions for submitting comments.
     Fax: 202-493-2251.
     Mail: Docket Operations Facility, U.S. Department of 
Transportation, 1200 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 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://www.regulations.gov.
    Anyone is able to 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 comment, 
if submitted on behalf of an association, business, labor union, etc.). 
You may review the U.S. Department of Transportation's complete Privacy 
Act Statement in the Federal Register published on April 11, 2000 
(Volume

[[Page 47639]]

65, Number 70; Pages 19477-78) or online at https://www.dot.gov/privacy.html.

    Issued in Washington, DC on August 1, 2011.
Robert C. Lauby,
Deputy Associate Administrator for Regulatory and Legislative 
Operations.
[FR Doc. 2011-19827 Filed 8-4-11; 8:45 am]
BILLING CODE 4910-06-P
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.