Hazardous Materials Safety: Notice of Availability of the Draft Environmental Assessment for a Special Permit Request for Liquefied Natural Gas by Rail, 26507-26508 [2019-11882]
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Federal Register / Vol. 84, No. 109 / Thursday, June 6, 2019 / Notices
previously granted petitions for
inconsequential noncompliance
regarding FMVSS No. 110 involving
vehicles whereby the tire information
placard contained tire size and tire
pressure information which did not
match the tires equipped on the vehicle.
In particular, it was shown that
although the tire information placard
displayed the manufacturer’s
recommended cold tire inflation
pressure which was a smaller value than
that which was required for the tires
equipped on the vehicle, the load
carrying capacity of the equipped tires,
at this smaller tire pressure, was still
sufficient and would not lead to a
vehicle overload condition.
For the affected vehicles that are the
subject of this petition, the FMVSS No.
110 tire information placard displays
the manufacturer’s recommended cold
tire inflation pressure value for the front
tires which is identical to that which is
required for the tires equipped on the
vehicle and, displays the manufacturer’s
recommended cold tire inflation
pressure value for the rear tires which
is larger than the value which is
required for the tires equipped on the
vehicle. Consequently, there is no risk
of an underinflated tire, the load
carrying capacity of the equipped tires
is still sufficient and, therefore, there is
no risk of a vehicle overload condition.
Nevertheless, as a reference, and for
comparison to this petition, NHTSA has
granted petitions from manufacturers in
cases where the tire information placard
displayed a tire inflation pressure value
which was smaller than that which was
required for the tires equipped on the
vehicle. (See BMW, 81 FR 62970,
September 13, 2016; BMW, 78 FR
76408, December 17, 2013; and
Volkswagen, 78 FR 28287, May 14,
2013)
6. Vehicle Production: Vehicle
production has been corrected to
conform to FMVSS No. 110 paragraphs
S4.3(c) and S4.3(d).
BMW concluded by expressing the
belief that the subject noncompliance is
inconsequential as it relates to motor
vehicle safety, and that its petition to be
exempted from providing notification of
the noncompliance, as required by 49
U.S.C. 30118, and a remedy for the
noncompliance, as required by 49
U.S.C. 30120, should be granted.
VI. NHTSA Analysis: BMW explains
that the noncompliance is that the
subject vehicles were equipped with 17inch tires, although, the vehicle placard
(referred to as the tire and information
placard by BMW) states that the
vehicles were equipped with 18-inch
tires and includes the manufacturer’s
recommended cold tire inflation
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16:11 Jun 05, 2019
Jkt 247001
pressure and tire size designation for the
18-inch tires. Therefore, the affected
vehicles do not conform to FMVSS 110
paragraphs S4.3(c) and 4.3(d).
The intent of FMVSS No. 110 is to
ensure that vehicles are equipped with
tires appropriate to handle maximum
vehicle loads and to prevent
overloading.
FMVSS No. 110 requires that the
original tires installed on a vehicle and
the tires listed on the vehicle placard be
the same size and that the tires, at the
manufacturer recommended inflation
pressure, be appropriate for the
designed vehicle maximum load
conditions. If a customer were to look at
the vehicle placard to determine
recommended inflation pressure values
they would see values intended for the
18-inch tire and not the 17-inch tire. If
the customer does not notice that their
vehicle has 17-inch tires installed they
may use the 18-inch tire inflation
pressure values, which are the same for
the tires on the front axle but larger for
the tires on the rear axle. If this were the
case, calculations show that the 17-inch
tire load carrying capacity of the rear
tires at the 18-inch tire delineated
pressure is appropriate for the subject
vehicle’s rear GAWR. Specifically, if a
vehicle owner inflated their tires to the
inflation pressure listed for the 18-inch
tires, the result would be an increase to
240 kPa/35 psi for the rear tires and a
net increase in load capacity for the
vehicle overall. Alternatively, if the
vehicle owner installed 18-inch tires on
the subject vehicle, those tires at the
listed cold inflation pressure would also
be appropriate, as required by FMVSS
No. 110, for the subject vehicle’s front
and rear GAWRs.
The agency agrees with BMW that the
subject noncompliance is
inconsequential to motor vehicle safety
and that there is no risk of possible
underinflating or overloading of the
tires and should a vehicle owner
question the correct tire size or
corresponding recommended cold tire
inflation pressures for the their vehicle,
this information is available in other
locations such as the sidewall markings
and the owner’s manual.
VII. NHTSA’s Decision: In
consideration of the foregoing analysis,
NHTSA finds that BMW has met its
burden of persuasion that the subject
FMVSS No. 110 noncompliance in the
subject vehicles is inconsequential to
motor vehicle safety.
Accordingly, BMW’s petition is
hereby granted and BMW is
consequently exempted from the
obligation of providing notification of,
and a free remedy for, that
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26507
noncompliance under 49 U.S.C. 30118
and 30120.
NHTSA notes that the statutory
provisions (49 U.S.C. 30118(d) and
30120(h)) that permit manufacturers to
file petitions for a determination of
inconsequentiality allow NHTSA to
exempt manufacturers only from the
duties found in sections 30118 and
30120, respectively, to notify owners,
purchasers, and dealers of a defect or
noncompliance and to remedy the
defect or noncompliance. Therefore, this
decision only applies to the subject
vehicles that BMW no longer controlled
at the time it determined that the
noncompliance existed. However, the
granting of this petition does not relieve
vehicle distributors and dealers of the
prohibitions on the sale, offer for sale,
or introduction or delivery for
introduction into interstate commerce of
the noncompliant vehicles under their
control after BMW notified them that
the subject noncompliance existed.
Authority: 49 U.S.C. 30118, 30120:
delegations of authority at 49 CFR 1.95 and
501.8.
Otto G. Matheke III,
Director, Office of Vehicle Safety Compliance.
[FR Doc. 2019–11791 Filed 6–5–19; 8:45 am]
BILLING CODE 4910–59–P
DEPARTMENT OF TRANSPORTATION
Pipeline and Hazardous Materials
Safety Administration
[Docket No. PHMSA–2019–0100]
Hazardous Materials Safety: Notice of
Availability of the Draft Environmental
Assessment for a Special Permit
Request for Liquefied Natural Gas by
Rail
Pipeline and Hazardous
Materials Safety Administration
(PHMSA), DOT.
ACTION: Notice.
AGENCY:
PHMSA announces the
availability for public review and
comment of the draft environmental
assessment for a special permit request
to transport ‘‘Methane, Refrigerated
Liquid’’ (i.e., liquefied natural gas) by
rail tank car.
DATES: Comment must be received by
July 8, 2019. To the extent possible,
PHMSA will consider late-filed
comments.
ADDRESSES: Comments should reference
the Docket number for this notice and
may be submitted in the following ways:
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments.
SUMMARY:
E:\FR\FM\06JNN1.SGM
06JNN1
khammond on DSKBBV9HB2PROD with NOTICES
26508
Federal Register / Vol. 84, No. 109 / Thursday, June 6, 2019 / Notices
• Fax: 1–202–493–2251.
• Mail: Docket Management System;
U.S. Department of Transportation,
West Building, Ground Floor, Room
W12–140, Routing Symbol M–30, 1200
New Jersey Avenue SE, Washington, DC
20590.
• Hand Delivery: To the Docket
Management System; Room W12–140
on the ground floor of the West
Building, 1200 New Jersey Avenue SE,
Washington, DC 20590, between 9 a.m.
and 5 p.m., Monday through Friday,
except Federal holidays.
Instructions: All submissions must
include the agency name and Docket
Number (PHMSA–2019–0100) for this
notice at the beginning of the comment.
To avoid duplication, please use only
one of these four methods. All
comments received will be posted
without change to the Federal Docket
Management System (FDMS) and will
include any personal information you
provide. If sent by mail, comments must
be submitted in duplicate. Persons
wishing to receive confirmation of
receipt of their comments must include
a self-addressed stamped postcard.
Docket: For access to the dockets to
read associated documents or comments
received, go to https://
www.regulations.gov or DOT’s Docket
Operations Office (see ADDRESSES).
Privacy Act: In accordance with 5
U.S.C. 553(c), DOT solicits comments
from the public to better inform its
process. DOT posts these comments,
without change, including any personal
information the commenter provides, to
https://www.regulations.gov, as
described in the system of records
notice (DOT/ALL–14 FDMS), which can
be reviewed at https://www.dot.gov/
privacy.
FOR FURTHER INFORMATION CONTACT:
Ryan Paquet by telephone at 202–366–
4511, or email at specialpermits@
dot.gov.
SUPPLEMENTARY INFORMATION: PHMSA
received a request for special permit
from Energy Transport Solutions, LLC
seeking authorization to transport
‘‘Methane, Refrigerated Liquid’’
(UN1972), commonly known and
liquefied natural gas (LNG), in a rail
tank car. Specifically, the request is to
authorize shipment of LNG in a DOT
specification 113C120W tank car subject
to certain operational conditions. We
invite interested persons to review and
provide comment on the ‘‘draft
environmental assessment’’ for this
special permit request. Please include
comment on potential safety,
environmental, and any additional
impacts that should be considered. The
document is available at https://
VerDate Sep<11>2014
16:11 Jun 05, 2019
Jkt 247001
www.regulations.gov under Docket
number PHMSA–2019–0100. PHMSA
has also included the draft special
permit in the docket for this notice as
further reference material. Before
issuing a final decision on the special
permit request, PHMSA will evaluate all
comments and consider each relevant
comment we receive in making our
decision to grant or deny the request for
special permit.
Issued in Washington, DC, on June 3, 2019,
under authority delegated in 49 CFR 1.97.
William S. Schoonover,
Associate Administrator for Hazardous
Materials Safety, Pipeline and Hazardous
Materials Safety Administration.
[FR Doc. 2019–11882 Filed 6–5–19; 8:45 am]
BILLING CODE 4910–60–P
DEPARTMENT OF THE TREASURY
Internal Revenue Service
Credit for Renewable Electricity
Production and Refined Coal
Production, and Publication of Inflation
Adjustment Factor and Reference
Prices for Calendar Year 2019
Internal Revenue Service (IRS),
Treasury.
ACTION: Notice.
AGENCY:
The 2019 inflation adjustment
factor and reference prices are used in
determining the availability of the credit
for renewable electricity production and
refined coal production under section
45. As of October 2, 2018, the credit
period for small irrigation power
electricity production expired.
FOR FURTHER INFORMATION CONTACT:
Martha M. Garcia, CC:PSI:6, Internal
Revenue Service, 1111 Constitution
Avenue NW, Washington, DC 20224,
(202) 317–6853 (not a toll-free number).
SUPPLEMENTARY INFORMATION:
Publication of inflation adjustment
factor and reference prices for calendar
year 2019 as required by sections
45(e)(2)(A) (26 U.S.C. 45(e)(2)(A)) and
45(e)(8)(C) (26 U.S.C. 45(e)(8)(C)) of the
Internal Revenue Code.
The 2019 inflation adjustment factor
and reference prices apply to calendar
year 2019 sales of kilowatt hours of
electricity produced in the United States
or a possession thereof from qualified
energy resources and to 2019 sales of
refined coal produced in the United
States or a possession thereof.
Inflation Adjustment Factor: The
inflation adjustment factor for calendar
year 2019 for qualified energy resources
and refined coal is 1.6396.
Reference Prices: The reference price
for calendar year 2019 for facilities
SUMMARY:
PO 00000
Frm 00112
Fmt 4703
Sfmt 4703
producing electricity from wind is 5.18
cents per kilowatt hour. The reference
prices for fuel used as feedstock within
the meaning of section 45(c)(7)(A)
(relating to refined coal production) are
$31.90 per ton for calendar year 2002
and $49.23 per ton for calendar year
2019. The reference prices for facilities
producing electricity from closed-loop
biomass, open-loop biomass, geothermal
energy, municipal solid waste, qualified
hydropower production, and marine
and hydrokinetic renewable energy have
not been determined for calendar year
2019.
Phaseout Calculation: Because the
2019 reference price for electricity
produced from wind (5.18 cents per
kilowatt hour) does not exceed 8 cents
multiplied by the inflation adjustment
factor (1.6396), the phaseout of the
credit provided in section 45(b)(1) does
not apply to such electricity sold during
calendar year 2019. Because the 2019
reference price of fuel used as feedstock
for refined coal ($49.23) does not exceed
$88.92 (which is the $31.90 reference
price of such fuel in 2002 multiplied by
the inflation adjustment factor (1.6396)
and 1.7), the phaseout of the credit
provided in section 45(e)(8)(B) does not
apply to refined coal sold during
calendar year 2019. Further, for
electricity produced from closed-loop
biomass, open-loop biomass, geothermal
energy, municipal solid waste, qualified
hydropower production, and marine
and hydrokinetic renewable energy, the
phaseout of the credit provided in
section 45(b)(1) does not apply to such
electricity sold during calendar year
2019.
Credit Amount by Qualified Energy
Resource and Facility and Refined Coal:
As required by section 45(b)(2), the 1.5
cent amount in section 45(a)(1) and the
$4.375 amount in section 45(e)(8)(A) are
each adjusted by multiplying such
amount by the inflation adjustment
factor for the calendar year in which the
sale occurs. If any amount as increased
under the preceding sentence is not a
multiple of 0.1 cent, such amount is
rounded to the nearest multiple of 0.1
cent. In the case of electricity produced
in open-loop biomass facilities, landfill
gas facilities, trash facilities, qualified
hydropower facilities, and marine and
hydrokinetic renewable energy
facilities, section 45(b)(4)(A) requires
the amount in effect under section
45(a)(1) (before rounding to the nearest
0.1 cent) to be reduced by one-half.
Under the calculation required by
section 45(b)(2), the credit for renewable
electricity production for calendar year
2019 under section 45(a) is 2.5 cents per
kilowatt hour on the sale of electricity
produced from the qualified energy
E:\FR\FM\06JNN1.SGM
06JNN1
Agencies
[Federal Register Volume 84, Number 109 (Thursday, June 6, 2019)]
[Notices]
[Pages 26507-26508]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-11882]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Pipeline and Hazardous Materials Safety Administration
[Docket No. PHMSA-2019-0100]
Hazardous Materials Safety: Notice of Availability of the Draft
Environmental Assessment for a Special Permit Request for Liquefied
Natural Gas by Rail
AGENCY: Pipeline and Hazardous Materials Safety Administration (PHMSA),
DOT.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: PHMSA announces the availability for public review and comment
of the draft environmental assessment for a special permit request to
transport ``Methane, Refrigerated Liquid'' (i.e., liquefied natural
gas) by rail tank car.
DATES: Comment must be received by July 8, 2019. To the extent
possible, PHMSA will consider late-filed comments.
ADDRESSES: Comments should reference the Docket number for this notice
and may be submitted in the following ways:
Federal eRulemaking Portal: https://www.regulations.gov.
Follow the instructions for submitting comments.
[[Page 26508]]
Fax: 1-202-493-2251.
Mail: Docket Management System; U.S. Department of
Transportation, West Building, Ground Floor, Room W12-140, Routing
Symbol M-30, 1200 New Jersey Avenue SE, Washington, DC 20590.
Hand Delivery: To the Docket Management System; Room W12-
140 on the ground floor of the West Building, 1200 New Jersey Avenue
SE, Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through
Friday, except Federal holidays.
Instructions: All submissions must include the agency name and
Docket Number (PHMSA-2019-0100) for this notice at the beginning of the
comment. To avoid duplication, please use only one of these four
methods. All comments received will be posted without change to the
Federal Docket Management System (FDMS) and will include any personal
information you provide. If sent by mail, comments must be submitted in
duplicate. Persons wishing to receive confirmation of receipt of their
comments must include a self-addressed stamped postcard.
Docket: For access to the dockets to read associated documents or
comments received, go to https://www.regulations.gov or DOT's Docket
Operations Office (see ADDRESSES).
Privacy Act: In accordance with 5 U.S.C. 553(c), DOT solicits
comments from the public to better inform its process. DOT posts these
comments, without change, including any personal information the
commenter provides, to https://www.regulations.gov, as described in the
system of records notice (DOT/ALL-14 FDMS), which can be reviewed at
https://www.dot.gov/privacy.
FOR FURTHER INFORMATION CONTACT: Ryan Paquet by telephone at 202-366-
4511, or email at [email protected].
SUPPLEMENTARY INFORMATION: PHMSA received a request for special permit
from Energy Transport Solutions, LLC seeking authorization to transport
``Methane, Refrigerated Liquid'' (UN1972), commonly known and liquefied
natural gas (LNG), in a rail tank car. Specifically, the request is to
authorize shipment of LNG in a DOT specification 113C120W tank car
subject to certain operational conditions. We invite interested persons
to review and provide comment on the ``draft environmental assessment''
for this special permit request. Please include comment on potential
safety, environmental, and any additional impacts that should be
considered. The document is available at https://www.regulations.gov
under Docket number PHMSA-2019-0100. PHMSA has also included the draft
special permit in the docket for this notice as further reference
material. Before issuing a final decision on the special permit
request, PHMSA will evaluate all comments and consider each relevant
comment we receive in making our decision to grant or deny the request
for special permit.
Issued in Washington, DC, on June 3, 2019, under authority
delegated in 49 CFR 1.97.
William S. Schoonover,
Associate Administrator for Hazardous Materials Safety, Pipeline and
Hazardous Materials Safety Administration.
[FR Doc. 2019-11882 Filed 6-5-19; 8:45 am]
BILLING CODE 4910-60-P