Petition for Special Approval, 40126-40127 [2019-17228]

Download as PDF 40126 Federal Register / Vol. 84, No. 156 / Tuesday, August 13, 2019 / Notices us to notify you that we received your comments, please include a selfaddressed, stamped envelope or postcard, or print the acknowledgement page that appears after submitting comments online. Comments received after the comment closing date will be included in the docket and will be considered to the extent practicable. FOR FURTHER INFORMATION CONTACT: Ms. Suzanne Rach, Office of Enforcement and Compliance, Hazardous Materials Division, FMCSA, West Building 6th Floor, 1200 New Jersey Avenue SE, Washington, DC 20590. Telephone: 202–385–2307; email suzanne.rach@ dot.gov. jspears on DSK3GMQ082PROD with NOTICES SUPPLEMENTARY INFORMATION: Background: The data for the Transportation of Hazardous Materials; Highway Routing ICR is collected under authority of 49 U.S.C. 5112 and 5125. Specifically, 49 U.S.C. 5112(c) requires that the Secretary, in coordination with the States, ‘‘shall update and publish periodically a list of currently effective hazardous material highway route designations.’’ In 49 CFR 397.73, FMCSA requires that each State and Indian tribe, through its routing agency, provide information identifying new, or changes to existing, hazardous materials routing designations within its jurisdiction within 60 days after their establishment (or 60 days of the change). That information is collected and consolidated by FMCSA and published annually, in whole or as updates, in the Federal Register at https:// www.fmcsa.dot.gov/. Title: Transportation of Hazardous Materials, Highway Routing. OMB Control Number: 2126–0014. Type of Request: Extension of a currently-approved information collection. Respondents: The reporting burden is shared by 50 States, the District of Columbia, Indian tribes with designated routes, and U.S. Territories including; Puerto Rico, American Samoa, Guam, the Commonwealth of the Northern Mariana Islands and the U.S. Virgin Islands. Estimated Number of Respondents: 57 [36 States plus the District of Columbia, with designated hazardous materials highway routes + 19 States/U.S. Territories without designated hazardous materials highway routes + 1 Indian tribe with a designated route = 57]. Estimated Time per Response: 15 minutes. Expiration Date: April 30, 2020. Frequency of Response: Once every two years. VerDate Sep<11>2014 17:51 Aug 12, 2019 Jkt 247001 Estimated Total Annual Burden: 7 hours [57 annual respondents × 1 response per 2 years × 15 minutes per response/60 minutes per response = 7.125 hours rounded to 7 hours]. Public Comments Invited: You are asked to comment on any aspect of this information collection, including: (1) Whether the proposed collection is necessary for the performance of FMCSA’s functions; (2) the accuracy of the estimated burden; (3) ways for FMCSA to enhance the quality, usefulness, and clarity of the collected information; and (4) ways that the burden could be minimized without reducing the quality of the collected information. The agency will summarize or include your comments in the request for OMB’s clearance of this information collection. Issued under the authority of 49 CFR 1.87 on: Dated: August 8, 2019. Kelly Regal, Associate Administrator for Office of Research and Information Technology. [FR Doc. 2019–17343 Filed 8–12–19; 8:45 am] BILLING CODE 4910–EX–P DEPARTMENT OF TRANSPORTATION Federal Railroad Administration [Docket Number FRA–2013–0081] Petition for Special Approval Under part 211 of title 49 Code of Federal Regulations (CFR), this document provides the public notice that on June 6, 2019, the Association of American Railroads (AAR) petitioned the Federal Railroad Administration (FRA) for a special approval of certain industry standards in accordance with the Federal railroad safety regulations contained at 49 CFR 231.33, Procedure for special approval of existing industry safety appliance standards, and 49 CFR 231.35, Procedure for modification of an approved industry safety appliance standard for new railcar construction. FRA assigned the petition Docket Number FRA–2013–0081. AAR, on behalf of itself and its member railroads, submitted a petition for special approval of existing industry safety appliance standards contained in 49 CFR part 231, and minor edits to AAR Standard S–2044 and its appendices that have been previously approved by FRA. Specifically, AAR requests approval of the standards and specifications delineated in AAR Standard S–2044, Appendices E3, Safety Appliances for Tank Cars with Side Ladders and Low Side-Mounted PO 00000 Frm 00107 Fmt 4703 Sfmt 4703 Hand Brakes, and E4, Safety Appliances for Tank Cars with End Ladders and Low Side-Mounted Handbrakes. Appendices E3 and E4 were not included in the version of AAR Standard S–2044 approved September 26, 2018, and are entirely new. Additionally, AAR seeks approval of minor edits to previously-approved S– 2044 and its appendices, as shown in Attachment 2 to the petition. AAR S– 2044 and its appendices have been developed to serve as requirements for safety appliance arrangements. The revised standard and its appendices are to be applied to new railroad freight cars, if approved by FRA. A copy of the petition, as well as any written communications concerning the petition, is available for review online at www.regulations.gov and in person at the Department of Transportation’s (DOT) Docket Operations Facility, 1200 New Jersey Avenue 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 about 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: • Website: 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 by September 27, 2019, will be considered by FRA before final action is taken. Comments received after that date will be considered if practicable. Anyone can 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 document, if submitted on behalf of an E:\FR\FM\13AUN1.SGM 13AUN1 Federal Register / Vol. 84, No. 156 / Tuesday, August 13, 2019 / Notices association, business, labor union, etc.). Under 5 U.S.C. 553(c), DOT solicits comments from the public to better inform its processes. DOT posts these comments, without edit, including any personal information the commenter provides, to www.regulations.gov, as described in the system of records notice (DOT/ALL–14 FDMS), which can be reviewed at https:// www.transportation.gov/privacy. See also https://www.regulations.gov/ privacyNotice for the privacy notice of regulations.gov. Issued in Washington, DC. John Karl Alexy, Associate Administrator for Railroad Safety, Chief Safety Officer. [FR Doc. 2019–17228 Filed 8–12–19; 8:45 am] BILLING CODE 4910–06–P DEPARTMENT OF TRANSPORTATION National Highway Traffic Safety Administration II. Tires Involved [Docket No. NHTSA–2018–0072; Notice 2] Michelin North America, Inc., Grant of Petition for Decision of Inconsequential Noncompliance National Highway Traffic Safety Administration (NHTSA), Department of Transportation (DOT). ACTION: Grant of petition. AGENCY: SUMMARY: Michelin North America, Inc. (MNA) has determined that certain Michelin XZL brand tires do not fully comply with Federal Motor Vehicle Safety Standard (FMVSS) No. 119, New Pneumatic Tires for Motor Vehicles with a GVWR of more than 4,536 kilograms (10,000 lbs.) and Motorcycles. MNA filed a noncompliance report dated May 21, 2018, and subsequently petitioned NHTSA on June 15, 2018, for a decision that the subject noncompliance is inconsequential as it relates to motor vehicle safety. FOR FURTHER INFORMATION CONTACT: Abraham Diaz, Office of Vehicle Safety Compliance, NHTSA, telephone (202) 366–5310, facsimile (202) 366–3081. SUPPLEMENTARY INFORMATION: jspears on DSK3GMQ082PROD with NOTICES I. Overview MNA has determined that certain Michelin brand tires do not fully comply with paragraph S6.4 of Federal Motor Vehicle Safety Standard (FMVSS) No. 119, New Pneumatic Tires for Motor Vehicles with a GVWR of more than 4,536 kilograms (10,000 lbs.) and Motorcycles (49 CFR 571.119). MNA filed a noncompliance report dated May 21, 2018, pursuant to 49 CFR part 573, VerDate Sep<11>2014 17:51 Aug 12, 2019 Jkt 247001 Defects and Noncompliance Responsibility and Reports. MNA subsequently petitioned NHTSA on June 18, 2018, for an exemption from the notification and remedy requirements of 49 U.S.C. Chapter 301 on the basis that this noncompliance is inconsequential as it relates to motor vehicle safety pursuant to 49 U.S.C. 20118(d) and 30120(h) and 49 CFR part 556, Exemption for Inconsequential Defect or Noncompliance. Notice of receipt of MNA’s petition was published with a 30-day public comment period, on December 6, 2018, in the Federal Register (83 FR 62951). No comments were received. To view the petition and all supporting documents log onto the Federal Docket Management System (FDMS) website at https://www.regulations.gov/. Then follow the online search instructions to locate docket number ‘‘NHTSA–2018– 0072.’’ Approximately 752 Michelin XZL size 16.00R20 tires manufactured between January 19, 2018, and April 9, 2018, are potentially involved. III. Noncompliance MNA explains that the noncompliance was due to a mold error which left the subject tires with fewer than the required number of treadwear indicators specified in paragraph S6.4 of FMVSS No. 119. Specifically, the tires were manufactured with 4 rows of treadwear indicators instead of the required minimum of 6 treadwear indicators. IV. Rule Requirements Paragraph S6.4 of FMVSS No. 119, includes the requirements relevant to this petition: • Each tire shall have at least six treadwear indicators spaced approximately equally around the circumference of the tire that enable a person inspecting the tire to determine visually whether the tire has worn to a tread depth of 1.6 mm (one-sixteenth of an inch). Tires with a rim diameter code of 12 or smaller shall have at least three such treadwear indicators. Motorcycle tires shall have at least three such indicators which permit visual determination that the tire has worn to a tread depth of 0.8 mm (one-thirtysecond of an inch). V. Summary of Petition MNA described the subject noncompliance and stated its belief that the noncompliance is inconsequential as it relates to motor vehicle safety. PO 00000 Frm 00108 Fmt 4703 Sfmt 4703 40127 In support of its petition, MNA submitted the following arguments: 1. Functionality: Truck tires normally have 6 treadwear indicators spaced equally around the circumference of the tire. The function of these indicators is to enable a person inspecting the tire to determine visually whether the tire has worn to a tread depth of 1.6 mm (1/16 in). In the case where tires have 6 treadwear indicators spaced equally around the tire, the indicators would appear at 60 degree intervals around the circumference of the tread. In the case of the subject tires, the 4 treadwear indicators are equally spaced; thus, appearing at 90 degree intervals around the circumference of the tread area of the tire. When normally loaded, approximately 10 percent of the tread band is in contact with the road surface. In most truck applications, the remaining 90 percent of the tread band is accessible for inspection. In the event that a vehicle is parked with one of the treadwear indicators positioned in the ground contact patch area, three other treadwear indicators would be accessible around the circumference of the tire. In addition, MNA tires have a molded ‘‘Bib’’ symbol on the tread shoulder to indicate the location of the treadwear indicator. These molded symbols aid the person inspecting the tire to visually locate the treadwear indicator and determine if the tire has worn to the extent that the tread depth is 1.6 mm (1/ 16 in) or less. 2. NHTSA’s Prior Decisions: NHTSA has previously granted Petitions for Determination of Inconsequential Noncompliance in similar cases related to 49 CFR 571.119 S6.4 treadwear indicators. On August 19, 2014, NHTSA issued a Grant of Petition to Cooper Tire and Rubber Company with the following comments: ‘‘NHTSA Analysis: The purpose for tire treadwear indicators is to serve as a means for a person to visually inspect a tire’s tread depth and readily determine if a tire has worn to the extent that tread depth is 1.6 mm (onesixteenth of an inch) or less. Cooper stated that while the subject tires were molded with only five treadwear indicators that it believes that those indicators still provide ample coverage over the surface of the tire. NHTSA agrees with Cooper that in this case the subject noncompliance will have no significant effect on the safety of the vehicles on which the subject tires are mounted. The subject tires have five indicators; 4 indicators spaced at 60 degrees and one indicator spaced at 120 degrees. NHTSA believes that in this E:\FR\FM\13AUN1.SGM 13AUN1

Agencies

[Federal Register Volume 84, Number 156 (Tuesday, August 13, 2019)]
[Notices]
[Pages 40126-40127]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-17228]


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

DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket Number FRA-2013-0081]


Petition for Special Approval

    Under part 211 of title 49 Code of Federal Regulations (CFR), this 
document provides the public notice that on June 6, 2019, the 
Association of American Railroads (AAR) petitioned the Federal Railroad 
Administration (FRA) for a special approval of certain industry 
standards in accordance with the Federal railroad safety regulations 
contained at 49 CFR 231.33, Procedure for special approval of existing 
industry safety appliance standards, and 49 CFR 231.35, Procedure for 
modification of an approved industry safety appliance standard for new 
railcar construction. FRA assigned the petition Docket Number FRA-2013-
0081.
    AAR, on behalf of itself and its member railroads, submitted a 
petition for special approval of existing industry safety appliance 
standards contained in 49 CFR part 231, and minor edits to AAR Standard 
S-2044 and its appendices that have been previously approved by FRA. 
Specifically, AAR requests approval of the standards and specifications 
delineated in AAR Standard S-2044, Appendices E3, Safety Appliances for 
Tank Cars with Side Ladders and Low Side-Mounted Hand Brakes, and E4, 
Safety Appliances for Tank Cars with End Ladders and Low Side-Mounted 
Handbrakes. Appendices E3 and E4 were not included in the version of 
AAR Standard S-2044 approved September 26, 2018, and are entirely new. 
Additionally, AAR seeks approval of minor edits to previously-approved 
S-2044 and its appendices, as shown in Attachment 2 to the petition. 
AAR S-2044 and its appendices have been developed to serve as 
requirements for safety appliance arrangements. The revised standard 
and its appendices are to be applied to new railroad freight cars, if 
approved by FRA.
    A copy of the petition, as well as any written communications 
concerning the petition, is available for review online at 
www.regulations.gov and in person at the Department of Transportation's 
(DOT) Docket Operations Facility, 1200 New Jersey Avenue 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 about 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:
     Website: 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 by September 27, 2019, will be considered 
by FRA before final action is taken. Comments received after that date 
will be considered if practicable.
    Anyone can 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 document, if 
submitted on behalf of an

[[Page 40127]]

association, business, labor union, etc.). Under 5 U.S.C. 553(c), DOT 
solicits comments from the public to better inform its processes. DOT 
posts these comments, without edit, including any personal information 
the commenter provides, to www.regulations.gov, as described in the 
system of records notice (DOT/ALL-14 FDMS), which can be reviewed at 
https://www.transportation.gov/privacy. See also https://www.regulations.gov/privacyNotice for the privacy notice of 
regulations.gov.

    Issued in Washington, DC.
John Karl Alexy,
Associate Administrator for Railroad Safety, Chief Safety Officer.
[FR Doc. 2019-17228 Filed 8-12-19; 8:45 am]
 BILLING CODE 4910-06-P
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