Quarterly Reports of Positive Train Control System Performance, 77580-77581 [2024-21654]
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Federal Register / Vol. 89, No. 184 / Monday, September 23, 2024 / Notices
5. The Intellistop module type and/or
subtype(s) involved in the crash or
incident.
6. Information, if any, indicating that
the Intellistop module is, or was, not
working as intended, or caused
confusion or a roadway hazard for either
the consumer or other motorists.
Annual data. At the end of each 12month period this exemption is in
effect, the Applicant shall, within 60
days, submit a report detailing all
information in its possession regarding
crash rates and vehicle miles traveled by
CMVs equipped with a module covered
by this exemption. Additionally, the
report shall specify the number and type
of CMVs the Applicant is operating
under the exemption, the module type
or sub-type installed on each CMV, the
affected lamps (rear clearance,
identification, and/or brake lamps), the
number of covered vehicles sold or
transferred in ownership during the 12month reporting period, and a statement
certifying that any sold/transferred
vehicle(s) have been restored to
compliance with applicable FMVSSs
and FMCSRs.
Meetings. The Applicant shall, at
FMCSA’s request, meet with FMCSA to
answer questions regarding data and
information provided by the Applicant
under this exemption.
(v). Early Termination. The
exemption is valid for 5 years from the
date of issuance unless rescinded earlier
by FMCSA. FMCSA will terminate the
exemption if: (1) the Applicant fails to
comply with the terms and conditions;
(2) the exemption results in a lower
level of safety than was maintained
before it was granted; or (3)
continuation of the exemption would
not be consistent with the goals and
objectives of 49 U.S.C. 31136(e) and
31315(b).
(vi). Notification from the Public.
Interested parties possessing
information that would demonstrate
that Encore’s CMVs equipped with
Intellistop’s pulsating rear-light module
may not be achieving the requisite
statutory level of safety should
immediately notify FMCSA. The
Agency will evaluate any such
information and, if safety is being
compromised or if the continuation of
the exemption is not consistent with 49
U.S.C. 31136(e) and 31315(b), will take
immediate steps to revoke the
exemption.
(vii). Non-Endorsement. This limited
and conditional exemption does not
constitute an endorsement of the
Intellistop product by FMCSA, NHTSA,
the U.S. DOT, or any of their
components, or by any of these
agencies’ employees or agents. As a
VerDate Sep<11>2014
16:57 Sep 20, 2024
Jkt 262001
condition of the continued effectiveness
of this exemption, Intellistop is
expressly prohibited from describing its
product as approved by, endorsed by, or
otherwise authorized by FMCSA,
NHTSA, or U.S. DOT, or as compliant
with Federal safety regulations.
VII. Preemption
In accordance with 49 U.S.C.
31315(d), as implemented by 49 CFR
381.600, during the period this
exemption is in effect, no State shall
enforce any law or regulation applicable
to interstate commerce that conflicts
with or is inconsistent with this
exemption. States may, but are not
required to, adopt the same exemption
with respect to operations in intrastate
commerce.
Vincent G. White,
Deputy Administrator.
[FR Doc. 2024–21681 Filed 9–20–24; 8:45 am]
BILLING CODE 4910–EX–P
DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
Quarterly Reports of Positive Train
Control System Performance
Federal Railroad
Administration (FRA), Department of
Transportation (DOT).
ACTION: Notice.
AGENCY:
The purpose of this notice is
to inform the public that FRA has
determined it is in the public interest
for railroads to continue submitting
reports of their positive train control
(PTC) systems’ performance to FRA on
a quarterly basis as the Infrastructure
Investment and Jobs Act currently
requires, and as the Office of
Management and Budget (OMB) has
approved through March 31, 2027.
FOR FURTHER INFORMATION CONTACT:
Gabe Neal, Staff Director, Signal, Train
Control, and Crossings Division,
telephone: 816–516–7168, email:
Gabe.Neal@dot.gov.
SUPPLEMENTARY INFORMATION: On
November 15, 2021, President Joseph R.
Biden signed into law the Infrastructure
Investment and Jobs Act, which
included the Passenger Rail Expansion
and Rail Safety Act of 2021.1 Section
22414 of the Passenger Rail Expansion
and Rail Safety Act of 2021 requires
PTC-mandated host railroads 2 and other
railroads subject to FRA’s PTC
SUMMARY:
1 Infrastructure Investment and Jobs Act, Public
Law 117–58, 135 Stat. 429 (Nov. 15, 2021).
2 I.e., host railroads subject to Title 49 United
States Code (U.S.C.) 20157.
PO 00000
Frm 00110
Fmt 4703
Sfmt 4703
regulations 3 to submit Reports of PTC
System Performance on Form FRA F
6180.152 4 to FRA on a quarterly basis,
instead of biannually as otherwise
required by FRA’s regulations at 49 CFR
236.1029(h).5
Section 22414 of the Passenger Rail
Expansion and Rail Safety Act of 2021
requires FRA, by November 15, 2024, to
reduce the frequency with which host
railroads must submit Reports of PTC
System Performance (Form FRA F
6180.152) to not less frequently than
twice per year, unless FRA determines
that quarterly reporting is in the public
interest and publishes a justification for
such determination in the Federal
Register. 49 U.S.C. 20157(m)(3)(B); 49
CFR 1.89. FRA has determined that it is
in the public interest for host railroads
to continue submitting Reports of PTC
System Performance (Form FRA F
6180.152) to FRA on a quarterly basis,
rather than reverting to a lesser or
biannual frequency, and the purpose of
this notice is to provide the necessary
justification under Section 22414. See
49 U.S.C. 20157(m)(3)(B).
As background, 49 U.S.C. 20157(m)
and 49 CFR 236.1029(h) require each
applicable host railroad to submit
certain metrics about PTC system
performance to FRA on behalf of the
host railroad itself and each of its
applicable tenant railroads. The metrics
include, for example, the number of
PTC system initialization failures, cut
outs, and malfunctions during the
reporting period, with subtotals that
identify whether the source or cause of
the initialization failures, cut outs, and
malfunctions was the onboard
subsystem, the wayside subsystem, the
communications subsystem, the back
office subsystem, or a non-PTC
component.6
In addition, railroads’ Reports of PTC
System Performance (Form FRA F
6180.152) must encompass positive
performance-related information in
addition to failure-related information.
For example, railroads report the
number of enforcements by the PTC
system in which it is reasonable to
assume an accident or incident was
prevented.7 These statistics enable FRA
to evaluate PTC technology’s positive
impact on rail safety and the extent to
3 Title 49 Code of Federal Regulations (CFR) part
236, subpart I.
4 OMB Control No. 2130–0553. The Quarterly
Report of PTC System Performance (Form FRA F
6180.152) is available in FRA’s eLibrary at https://
railroads.dot.gov/elibrary/quarterly-report-ptcsystem-performance-form-fra-f-6180152.
5 49 U.S.C. 20157(m).
6 49 U.S.C. 20157(m)(2)(A)–(C); 49 CFR
236.1029(h)(1)(i)–(iii).
7 49 U.S.C. 20157(m)(2)(E); 49 CFR
236.1029(h)(1)(v).
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khammond on DSKJM1Z7X2PROD with NOTICES
Federal Register / Vol. 89, No. 184 / Monday, September 23, 2024 / Notices
which PTC systems are meeting their
desired objectives.
In October 2021, OMB initially
approved Form FRA F 6180.152 when it
was a biannual reporting requirement
under FRA’s regulations, 49 CFR
236.1029(h), Biannual Report of PTC
System Performance. In October 2022,
OMB approved Form FRA F 6180.152,
as modified by 49 U.S.C. 20157(m),
simply to shift to a quarterly frequency
as required. Most recently, in March
2024, OMB re-approved Form FRA F
6180.152 for a three-year period through
March 31, 2027, in its current form, the
Quarterly Report of PTC System
Performance.
FRA has had the benefit of receiving
railroads’ Reports of PTC System
Performance (Form FRA F 6180.152) on
a quarterly basis for the last six quarters.
FRA has found that the quarterly
frequency has improved FRA’s ability to
oversee the performance and reliability
of PTC systems effectively. For example,
FRA has been able to monitor more
closely industry-wide and system-bysystem trends in PTC system reliability,
without needing to wait six months for
the next set of performance-related
statistics. FRA also utilizes the data it
receives in railroads’ Quarterly Reports
of PTC System Performance to inform
and perform other necessary oversight,
including inspections, targeted audits,
and program reviews. The quarterly
frequency enables FRA to direct its
resources to areas, including specific
PTC-governed track segments, that show
the potential for a possible unsafe
condition or where PTC system failures
are occurring at a relatively high rate or
trending upwards. The quarterly
frequency enables FRA to intervene
more promptly than it would be able to
with less frequent reporting.
Also, railroads’ Quarterly Reports of
PTC System Performance must contain
a summary of any actions the host
railroad and its tenant railroads are
taking to reduce the frequency and rate
of initialization failures, cut outs, and
malfunctions, such as any actions to
correct or eliminate systemic issues and
specific problems.8 Requiring railroads
to provide this data to FRA on a
quarterly basis, rather than a biannual
basis, helps ensure that both host
railroads and tenant railroads are
regularly taking actions to improve the
performance of their PTC systems and
enables FRA to monitor and track
railroads’ corrective actions regularly
throughout the year.
As noted above, OMB has approved
the Quarterly Report of PTC System
8 49 U.S.C. 20157(m)(2)(H); 49 CFR
236.1029(h)(2).
VerDate Sep<11>2014
16:57 Sep 20, 2024
Jkt 262001
Performance (Form FRA F 6180.152)
through March 31, 2027. Before that
expiration date, FRA will issue the
requisite 60-day and 30-day notices in
the Federal Register to solicit public
comment pursuant to the Paperwork
Reduction Act.
Issued in Washington, DC.
John Karl Alexy,
Associate Administrator for Railroad Safety,
Chief Safety Officer.
[FR Doc. 2024–21654 Filed 9–20–24; 8:45 am]
BILLING CODE 4910–06–P
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety
Administration
[Docket No. NHTSA–2022–0114; Notice 2]
Winnebago Industries, Inc., Denial of
Petition for Decision of
Inconsequential Noncompliance
National Highway Traffic
Safety Administration (NHTSA),
Department of Transportation (DOT).
ACTION: Denial of petition.
AGENCY:
Winnebago Industries, Inc.,
(Winnebago or petitioner), has
determined that certain model year
(MY) 2013–2023 Winnebago
motorhomes do not fully comply with
Federal Motor Vehicle Safety Standard
(FMVSS) No. 108, Lamps, Reflective
Devices, and Associated Equipment.
Winnebago filed a noncompliance
report dated November 11, 2022, and
amended the report on December 2,
2022, and May 17, 2023. Winnebago
petitioned NHTSA on December 2,
2022, and amended the petition on May
17, 2023, for a decision that the subject
noncompliance is inconsequential as it
relates to motor vehicle safety. This
document announces the denial of
Winnebago’s petition.
FOR FURTHER INFORMATION CONTACT:
Leroy Angeles, Office of Vehicle Safety
Compliance, NHTSA, (202) 366–5304.
SUPPLEMENTARY INFORMATION:
I. Overview: Winnebago determined
that certain MY 2013–2023 Winnebago
motorhomes do not fully comply with
paragraph S6.4.1 and Table IV–a of
FMVSS No. 108, Lamps, Reflective
Devices, and Associated Equipment (49
CFR 571.108).
Winnebago filed a noncompliance
report dated November 11, 2022, and
amended the report on December 2,
2022, and May 17, 2023, pursuant to 49
CFR part 573, Defect and
Noncompliance Responsibility and
Reports. Winnebago petitioned NHTSA
on December 2, 2022, and amended its
SUMMARY:
PO 00000
Frm 00111
Fmt 4703
Sfmt 4703
77581
petition on May 17, 2023, 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. 30118(d) and 30120(h) and
49 CFR part 556, Exemption for
Inconsequential Defect or
Noncompliance.
Notice of receipt of Winnebago’s
petition was published with a 30-day
public comment period, on August 1,
2023, in the Federal Register (88 FR
50276). 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–2022–
0114.’’
II. Vehicles Involved: Winnebago
reported that 13,126 of the following
motorhomes, manufactured between
April 5, 2012, and November 4, 2022,
are potentially involved:
• 2015–2021 Winnebago Vista
• 2015–2021 Winnebago Sunstar
• 2013–2019 Winnebago Horizon
• 2014–2023 Winnebago Forza
• 2018–2021 Winnebago Intent
• 2015–2016 Winnebago Brave
• 2015–2016 Itasca Tribute
III. Rule Requirements: Paragraphs
S6.4.1 and S7.1.1.6 and Table IV–a of
FMVSS No. 108 include the
requirements relevant to this petition.1
Each turn signal lamp, stop lamp, highmounted stop lamp, and school bus
signal lamp must meet the applicable
effective projected luminous lens area
requirement specified in Tables IV–a,
IV–b, and IV–c of FMVSS No. 108. For
the subject vehicles, the luminous lens
area of the turn signals shall be no
smaller than 7,500 square millimeters.
IV. Noncompliance: Winnebago
explains that the subject vehicles are
equipped with front turn signal lamps
that do not meet the luminous lens area
requirements specified by S7.1.1.6 and
Table IV–a of FMVSS No. 108.
Specifically, the luminous lens area of
the turn signals equipped in the subject
vehicles is 6,361 square millimeters,
thus, 1,139 square millimeters smaller
than the minimum area required by the
standard.
V. Summary of Winnebago’s Petition:
The following views and arguments
presented in this section, ‘‘V. Summary
of Winnebago’s Petition,’’ are the views
1 In an email dated April 9, 2024, Winnebago
clarified that the front turn signal is affected by the
subject noncompliance, therefore paragraph
S7.1.1.6 of FMVSS No. 108 also include the
requirement relevant to Winnebago’s petition.
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Agencies
[Federal Register Volume 89, Number 184 (Monday, September 23, 2024)]
[Notices]
[Pages 77580-77581]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-21654]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
Quarterly Reports of Positive Train Control System Performance
AGENCY: Federal Railroad Administration (FRA), Department of
Transportation (DOT).
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: The purpose of this notice is to inform the public that FRA
has determined it is in the public interest for railroads to continue
submitting reports of their positive train control (PTC) systems'
performance to FRA on a quarterly basis as the Infrastructure
Investment and Jobs Act currently requires, and as the Office of
Management and Budget (OMB) has approved through March 31, 2027.
FOR FURTHER INFORMATION CONTACT: Gabe Neal, Staff Director, Signal,
Train Control, and Crossings Division, telephone: 816-516-7168, email:
[email protected].
SUPPLEMENTARY INFORMATION: On November 15, 2021, President Joseph R.
Biden signed into law the Infrastructure Investment and Jobs Act, which
included the Passenger Rail Expansion and Rail Safety Act of 2021.\1\
Section 22414 of the Passenger Rail Expansion and Rail Safety Act of
2021 requires PTC-mandated host railroads \2\ and other railroads
subject to FRA's PTC regulations \3\ to submit Reports of PTC System
Performance on Form FRA F 6180.152 \4\ to FRA on a quarterly basis,
instead of biannually as otherwise required by FRA's regulations at 49
CFR 236.1029(h).\5\
---------------------------------------------------------------------------
\1\ Infrastructure Investment and Jobs Act, Public Law 117-58,
135 Stat. 429 (Nov. 15, 2021).
\2\ I.e., host railroads subject to Title 49 United States Code
(U.S.C.) 20157.
\3\ Title 49 Code of Federal Regulations (CFR) part 236, subpart
I.
\4\ OMB Control No. 2130-0553. The Quarterly Report of PTC
System Performance (Form FRA F 6180.152) is available in FRA's
eLibrary at https://railroads.dot.gov/elibrary/quarterly-report-ptc-system-performance-form-fra-f-6180152.
\5\ 49 U.S.C. 20157(m).
---------------------------------------------------------------------------
Section 22414 of the Passenger Rail Expansion and Rail Safety Act
of 2021 requires FRA, by November 15, 2024, to reduce the frequency
with which host railroads must submit Reports of PTC System Performance
(Form FRA F 6180.152) to not less frequently than twice per year,
unless FRA determines that quarterly reporting is in the public
interest and publishes a justification for such determination in the
Federal Register. 49 U.S.C. 20157(m)(3)(B); 49 CFR 1.89. FRA has
determined that it is in the public interest for host railroads to
continue submitting Reports of PTC System Performance (Form FRA F
6180.152) to FRA on a quarterly basis, rather than reverting to a
lesser or biannual frequency, and the purpose of this notice is to
provide the necessary justification under Section 22414. See 49 U.S.C.
20157(m)(3)(B).
As background, 49 U.S.C. 20157(m) and 49 CFR 236.1029(h) require
each applicable host railroad to submit certain metrics about PTC
system performance to FRA on behalf of the host railroad itself and
each of its applicable tenant railroads. The metrics include, for
example, the number of PTC system initialization failures, cut outs,
and malfunctions during the reporting period, with subtotals that
identify whether the source or cause of the initialization failures,
cut outs, and malfunctions was the onboard subsystem, the wayside
subsystem, the communications subsystem, the back office subsystem, or
a non-PTC component.\6\
---------------------------------------------------------------------------
\6\ 49 U.S.C. 20157(m)(2)(A)-(C); 49 CFR 236.1029(h)(1)(i)-
(iii).
---------------------------------------------------------------------------
In addition, railroads' Reports of PTC System Performance (Form FRA
F 6180.152) must encompass positive performance-related information in
addition to failure-related information. For example, railroads report
the number of enforcements by the PTC system in which it is reasonable
to assume an accident or incident was prevented.\7\ These statistics
enable FRA to evaluate PTC technology's positive impact on rail safety
and the extent to
[[Page 77581]]
which PTC systems are meeting their desired objectives.
---------------------------------------------------------------------------
\7\ 49 U.S.C. 20157(m)(2)(E); 49 CFR 236.1029(h)(1)(v).
---------------------------------------------------------------------------
In October 2021, OMB initially approved Form FRA F 6180.152 when it
was a biannual reporting requirement under FRA's regulations, 49 CFR
236.1029(h), Biannual Report of PTC System Performance. In October
2022, OMB approved Form FRA F 6180.152, as modified by 49 U.S.C.
20157(m), simply to shift to a quarterly frequency as required. Most
recently, in March 2024, OMB re-approved Form FRA F 6180.152 for a
three-year period through March 31, 2027, in its current form, the
Quarterly Report of PTC System Performance.
FRA has had the benefit of receiving railroads' Reports of PTC
System Performance (Form FRA F 6180.152) on a quarterly basis for the
last six quarters. FRA has found that the quarterly frequency has
improved FRA's ability to oversee the performance and reliability of
PTC systems effectively. For example, FRA has been able to monitor more
closely industry-wide and system-by-system trends in PTC system
reliability, without needing to wait six months for the next set of
performance-related statistics. FRA also utilizes the data it receives
in railroads' Quarterly Reports of PTC System Performance to inform and
perform other necessary oversight, including inspections, targeted
audits, and program reviews. The quarterly frequency enables FRA to
direct its resources to areas, including specific PTC-governed track
segments, that show the potential for a possible unsafe condition or
where PTC system failures are occurring at a relatively high rate or
trending upwards. The quarterly frequency enables FRA to intervene more
promptly than it would be able to with less frequent reporting.
Also, railroads' Quarterly Reports of PTC System Performance must
contain a summary of any actions the host railroad and its tenant
railroads are taking to reduce the frequency and rate of initialization
failures, cut outs, and malfunctions, such as any actions to correct or
eliminate systemic issues and specific problems.\8\ Requiring railroads
to provide this data to FRA on a quarterly basis, rather than a
biannual basis, helps ensure that both host railroads and tenant
railroads are regularly taking actions to improve the performance of
their PTC systems and enables FRA to monitor and track railroads'
corrective actions regularly throughout the year.
---------------------------------------------------------------------------
\8\ 49 U.S.C. 20157(m)(2)(H); 49 CFR 236.1029(h)(2).
---------------------------------------------------------------------------
As noted above, OMB has approved the Quarterly Report of PTC System
Performance (Form FRA F 6180.152) through March 31, 2027. Before that
expiration date, FRA will issue the requisite 60-day and 30-day notices
in the Federal Register to solicit public comment pursuant to the
Paperwork Reduction Act.
Issued in Washington, DC.
John Karl Alexy,
Associate Administrator for Railroad Safety, Chief Safety Officer.
[FR Doc. 2024-21654 Filed 9-20-24; 8:45 am]
BILLING CODE 4910-06-P