Petition for Waiver of Compliance, 54289-54290 [2011-22320]

Download as PDF Federal Register / Vol. 76, No. 169 / Wednesday, August 31, 2011 / Notices of the ‘‘registrant-only’’ USDOT Number as part of the PRISM program. In an August 9, 2010, Federal Register notice, the Agency initially set September 1, 2011, as the effective date of the change. The extension will allow the Agency to provide additional implementation guidance based on feedback and information received since the August 9, 2010, notice of procedural change and will allow States and other stakeholders to make necessary changes to their systems and processes pursuant to this additional guidance. The new effective date to eliminate use of the ‘‘registrant-only’’ USDOT Number as part of the PRISM program is September 1, 2012. DATES: FOR FURTHER INFORMATION CONTACT: Stephen Parker, Transportation Specialist, Office of Enforcement and Compliance, Federal Motor Carrier Safety Administration, 1200 New Jersey Avenue, SE., Washington, DC 20590– 0001; (202) 366–6407 (telephone); stephen.parker@dot.gov (e-mail). Background jlentini on DSK4TPTVN1PROD with NOTICES On August 9, 2010, FMCSA published a Federal Register notice announcing plans to eliminate the practice of allowing non-motor carrier registrants to obtain registrant-only USDOT Numbers under the PRISM program (76 FR 47883). The Agency developed the concept of a ‘‘registrant-only’’ USDOT Number in 1999 to identify registered owners of commercial motor vehicles (CMVs) that are not motor carriers but lease their CMVs to entities that are motor carriers. The Agency later concluded that registrant-only USDOT Numbers were being used differently than intended and announced the decision to eliminate the requirement for registrant-only USDOT Numbers. The FMCSA set September 1, 2011, as the effective date for the change. Today’s action extends the effective date until September 1, 2012, providing adequate time for all States participating in the PRISM program to complete process changes and for the Agency to provide updated guidance, as needed, to PRISM member jurisdictions and other stakeholders. Issued on: August 25, 2001. Anne S. Ferro, Administrator. [FR Doc. 2011–22318 Filed 8–30–11; 8:45 am] BILLING CODE 4910–EX–P VerDate Mar<15>2010 16:51 Aug 30, 2011 Jkt 223001 DEPARTMENT OF TRANSPORTATION Federal Railroad Administration [Docket Number FRA–2010–0139] Petition for Waiver of Compliance In accordance with Part 211 of Title 49 Code of Federal Regulations (CFR), this document provides the public notice that by a document dated May 11, 2011, Fillmore & Western Railway Company (FWRY) has resubmitted a petition letter to the Federal Railroad Administration (FRA) requesting a waiver of compliance from certain provisions of the Federal railroad safety regulations contained at 49 CFR parts 215 and 224. Previously, by a letter dated November 15, 2010, from FWRY to FRA, FWRY requested to withdraw its petition as announced in the Federal Register (Ref. Volume 75, No. 192, Tuesday, October 5, 2010, Pages 61562 and 61563) in the same docket as the current one, i.e. Docket Number: FRA– 2010–0139. Specifically, FWRY seeks a waiver of compliance from the Railroad Freight Car Safety Standards, 49 CFR 215.301, which requires stenciling or otherwise displaying the reporting marks and built date of freight cars; 49 CFR 215.303, which requires stenciling on restricted freight cars; and Reflectorization of Rail Freight Rolling Stock, 49 CFR 224.101, which requires the application of reflective materials for freight rolling stock. FWRY requests this relief for five freight cars: Tank Car #8803, Flat Car #8017, Box Car #2326, Box Car #16600, and Flat Car #680. As information, FWRY also requests approval of continued inservice of the above-mentioned freight cars that are more than 50 years from their original construction dates. Specifically, FWRY seeks permission to move the stenciling location of the reporting marks and built date from each side of the freight carbody (49 CFR 215.301(a) and (b)) to both ends of the car. To justify this request, FWRY stated that although FWRY is considered a general system railroad, these cars are not interchanged in or with the general system. These cars are not freight revenue cars, and are only used for tourist passengers, films, movies, props, and still photos. FWRY requests this waiver due to the fact that the movie and television companies and still photographers want the cars to be authentic in their antiquated and historic look, or to have them renamed, numbered, and painted to their particular themed set, film, movie, or still photo. FWRY has been known to PO 00000 Frm 00100 Fmt 4703 Sfmt 4703 54289 renumber and repaint cars and engines two or three times a month to accommodate filming or still photo requests. Re-establishing the reporting marks and built date to the sides after each instance that they are removed is very costly. With the small amount of equipment that FWRY has, all of the train crew and staff are very familiar with each piece of equipment. FWRY does not transport any type of hazardous loads or freight. FWRY runs its trains at very low speeds, generally 10–15 mph. To support its petition to seek relief from the stenciling (49 CFR 215.303) and reflectorization (49 CFR 224.101) requirements, FWRY states that the cars subject to this waiver are only used for tourist passengers, films, movies, props, and still photos. Although FWRY is considered a general system railroad, these subject cars are not interchanged in or with the general system, and are not freight revenue cars. FWRY asks for this waiver due to the fact that the movie and television companies and still photographers want the cars to be authentic in their antiquated and historic look. A copy of the petition, as well as any written communications concerning the petition, is available for review online at https://www.regulations.gov and in person at the U.S. Department of Transportation’s (DOT) Docket Operations Facility, 1200 New Jersey Ave., 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 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 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. E:\FR\FM\31AUN1.SGM 31AUN1 54290 Federal Register / Vol. 76, No. 169 / Wednesday, August 31, 2011 / Notices and 5 p.m., Monday through Friday, except Federal holidays. Communications received by October 17, 2011 will be considered by FRA before final action is taken. Comments received after that date will be considered as far as practicable. 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 DOT’s complete Privacy Act Statement in the Federal Register published on April 11, 2000 (Volume 65, Number 70; Pages 19477–78), or online at https://www.dot.gov/ privacy.html. Issued in Washington, DC, on August 26, 2011. Robert C. Lauby, Deputy Associate Administrator for Regulatory and Legislative Operations. [FR Doc. 2011–22320 Filed 8–30–11; 8:45 am] BILLING CODE 4910–06–P DEPARTMENT OF TRANSPORTATION National Highway Traffic Safety Administration [Docket No. NHTSA–2011–0124] Decision That Certain Nonconforming Motor Vehicles Are Eligible for Importation National Highway Traffic Safety Administration (NHTSA), Department of Transportation. ACTION: Notice of decision by National Highway Traffic Safety Administration (NHTSA) that certain nonconforming motor vehicles are eligible for importation. AGENCY: This document announces decisions by NHTSA that certain motor vehicles not originally manufactured to comply with all applicable Federal Motor Vehicle Safety Standards (FMVSS) are eligible for importation into the United States because they are substantially similar to vehicles originally manufactured for sale in the United States and certified by their manufacturers as complying with the safety standards, and they are capable of being readily altered to conform to the standards or because they have safety features that comply with, or are capable of being altered to comply with, all applicable FMVSS. DATES: These decisions became effective on the dates specified in Annex A. jlentini on DSK4TPTVN1PROD with NOTICES SUMMARY: VerDate Mar<15>2010 16:51 Aug 30, 2011 Jkt 223001 Child Restraint Anchorage Systems) be verified before the vehicle is released by a Registered Importer (RI). Safe Ride also questioned whether it is advisable for the agency to permit the importation Background of older vehicles that cannot be required Under 49 U.S.C. 30141(a)(1)(A), a to meet safety standards put into place motor vehicle that was not originally after their date of manufacture. Addressing the first issue raised by manufactured to conform to all Safe Rides, it is worth noting that under applicable FMVSS shall be refused admission into the United States unless the agency’s existing regulations, a nonconforming vehicle cannot be found NHTSA has decided that the motor eligible for importation unless it is vehicle is substantially similar to a shown to be capable of being modified motor vehicle originally manufactured to conform to all applicable FMVSS in for importation into and/or sale in the effect on its date of manufacture. United States, certified under 49 U.S.C. Moreover, such a vehicle cannot be 30115, and of the same model year as released by an RI for the purpose of the model of the motor vehicle to be being licensed or registered for on-road compared, and is capable of being use until the RI proves to NHTSA’s readily altered to conform to all satisfaction that the vehicle does in fact applicable FMVSS. Where there is no substantially comply with all such standards. In similar U.S.-certified motor vehicle, 49 instances where modifications are U.S.C. 30141(a)(1)(B) permits a necessary to achieve compliance, the RI nonconforming motor vehicle to be must provide descriptions of the admitted into the United States if its modifications required along with safety features comply with, or are documentary and photographic capable of being altered to comply with, evidence that the modifications have all applicable FMVSS based on been made. When modifications require destructive test data or such other components that are different from evidence as NHTSA decides to be those installed in a substantially similar adequate. U.S.-certified version of a vehicle, proof Petitions for eligibility decisions may that the substituted components will be submitted by either manufacturers or bring the vehicle into compliance with importers who have registered with all applicable FMVSS are also NHTSA pursuant to 49 CFR part 592. As necessary. With regard to the second specified in 49 CFR 593.7, NHTSA issue raised by Safe Rides, the agency publishes notice in the Federal Register notes that it lacks authority to deny of each petition that it receives, and import eligibility to an older model affords interested persons an vehicle on the basis that the vehicle opportunity to comment on the petition. could not be made to comply with At the close of the comment period, FMVSS put into place after the vehicle’s NHTSA decides, on the basis of the date of manufacture. petition and any comments that it has No other substantive comments were received, whether the vehicle is eligible received in response to the subject for importation. The agency then petitions. Based on its review of the information publishes this decision in the Federal submitted by the petitioners, NHTSA Register. NHTSA received petitions from has decided to grant the petitions. Vehicle Eligibility Number for Subject registered importers to decide whether Vehicles: The importer of a vehicle the vehicles listed in Annex A to this admissible under any final decision notice are eligible for importation into must indicate on the form HS–7 the United States. To afford an accompanying entry the appropriate opportunity for public comment, vehicle eligibility number indicating NHTSA published notice of these that the vehicle is eligible for entry. petitions as specified in Annex A. The Vehicle eligibility numbers assigned to reader is referred to those notices for a vehicles admissible under this decision thorough description of the petitions. Comments: Safe Ride News (Safe are specified in Annex A. Final Decision: Accordingly, on the Ride), a Division of the Willapa Bay basis of the foregoing, NHTSA hereby Company, Inc., submitted comments to decides that each motor vehicle listed in petition dockets NHTSA–2011–0057, NHTSA–2011–0019, and NHTSA–2011– Annex A to this notice, which was not originally manufactured to comply with 0061 expressing its concern that a nonconforming vehicle’s ability to meet all applicable FMVSS, is either substantially similar to a motor vehicle all safety requirements intended to manufactured for importation into and/ protect child occupants (specifically or sale in the United States, and those required by FMVSS Nos. 208 certified under 49 U.S.C. 30115, as Occupant Crash Protection and 225 FOR FURTHER INFORMATION CONTACT: George Stevens, Office of Vehicle Safety Compliance, NHTSA (202–366–5308). SUPPLEMENTARY INFORMATION: PO 00000 Frm 00101 Fmt 4703 Sfmt 4703 E:\FR\FM\31AUN1.SGM 31AUN1

Agencies

[Federal Register Volume 76, Number 169 (Wednesday, August 31, 2011)]
[Notices]
[Pages 54289-54290]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-22320]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket Number FRA-2010-0139]


Petition for Waiver of Compliance

    In accordance with Part 211 of Title 49 Code of Federal Regulations 
(CFR), this document provides the public notice that by a document 
dated May 11, 2011, Fillmore & Western Railway Company (FWRY) has 
resubmitted a petition letter to the Federal Railroad Administration 
(FRA) requesting a waiver of compliance from certain provisions of the 
Federal railroad safety regulations contained at 49 CFR parts 215 and 
224.
    Previously, by a letter dated November 15, 2010, from FWRY to FRA, 
FWRY requested to withdraw its petition as announced in the Federal 
Register (Ref. Volume 75, No. 192, Tuesday, October 5, 2010, Pages 
61562 and 61563) in the same docket as the current one, i.e. Docket 
Number: FRA-2010-0139.
    Specifically, FWRY seeks a waiver of compliance from the Railroad 
Freight Car Safety Standards, 49 CFR 215.301, which requires stenciling 
or otherwise displaying the reporting marks and built date of freight 
cars; 49 CFR 215.303, which requires stenciling on restricted freight 
cars; and Reflectorization of Rail Freight Rolling Stock, 49 CFR 
224.101, which requires the application of reflective materials for 
freight rolling stock. FWRY requests this relief for five freight cars: 
Tank Car 8803, Flat Car 8017, Box Car 2326, 
Box Car 16600, and Flat Car 680.
    As information, FWRY also requests approval of continued inservice 
of the above-mentioned freight cars that are more than 50 years from 
their original construction dates.
    Specifically, FWRY seeks permission to move the stenciling location 
of the reporting marks and built date from each side of the freight 
carbody (49 CFR 215.301(a) and (b)) to both ends of the car. To justify 
this request, FWRY stated that although FWRY is considered a general 
system railroad, these cars are not interchanged in or with the general 
system. These cars are not freight revenue cars, and are only used for 
tourist passengers, films, movies, props, and still photos. FWRY 
requests this waiver due to the fact that the movie and television 
companies and still photographers want the cars to be authentic in 
their antiquated and historic look, or to have them renamed, numbered, 
and painted to their particular themed set, film, movie, or still 
photo. FWRY has been known to renumber and repaint cars and engines two 
or three times a month to accommodate filming or still photo requests. 
Re-establishing the reporting marks and built date to the sides after 
each instance that they are removed is very costly. With the small 
amount of equipment that FWRY has, all of the train crew and staff are 
very familiar with each piece of equipment. FWRY does not transport any 
type of hazardous loads or freight. FWRY runs its trains at very low 
speeds, generally 10-15 mph.
    To support its petition to seek relief from the stenciling (49 CFR 
215.303) and reflectorization (49 CFR 224.101) requirements, FWRY 
states that the cars subject to this waiver are only used for tourist 
passengers, films, movies, props, and still photos. Although FWRY is 
considered a general system railroad, these subject cars are not 
interchanged in or with the general system, and are not freight revenue 
cars. FWRY asks for this waiver due to the fact that the movie and 
television companies and still photographers want the cars to be 
authentic in their antiquated and historic look.
    A copy of the petition, as well as any written communications 
concerning the petition, is available for review online at https://www.regulations.gov and in person at the U.S. Department of 
Transportation's (DOT) Docket Operations Facility, 1200 New Jersey 
Ave., 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 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 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.

[[Page 54290]]

and 5 p.m., Monday through Friday, except Federal holidays.
    Communications received by October 17, 2011 will be considered by 
FRA before final action is taken. Comments received after that date 
will be considered as far as practicable.
    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 DOT's complete Privacy Act Statement in the Federal 
Register published on April 11, 2000 (Volume 65, Number 70; Pages 
19477-78), or online at https://www.dot.gov/privacy.html.

    Issued in Washington, DC, on August 26, 2011.
Robert C. Lauby,
Deputy Associate Administrator for Regulatory and Legislative 
Operations.
[FR Doc. 2011-22320 Filed 8-30-11; 8:45 am]
BILLING CODE 4910-06-P
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.