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Federal Register/Vol. 84, No. 238/Wednesday, December 11

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Federal Register/Vol. 84, No. 238/Wednesday, December 11 67766 Federal Register / Vol. 84, No. 238 / Wednesday, December 11, 2019 / Notices DEPARTMENT OF TRANSPORTATION and milo farmers, in reliance upon any personal information the restoration of rail service to this commenter provides, to Federal Railroad Administration territory, have delivered so much grain www.regulations.gov, as described in [Docket Number FRA–2019–0103] to one Haswell facility, that it has been the system of records notice (DOT/ALL– necessary to store a veritable mountain 14 FDMS), which can be reviewed at Petition for Waiver of Compliance of it on the ground. 2019 saw near www.dot.gov/privacy. See also http:// record rainfall in this territory, resulting www.regulations.gov/#!privacyNotice Under part 211 of title 49 Code of in above average harvest amounts. To for the privacy notice of regulations.gov. Federal Regulations (CFR), this provides avoid the waste of these harvested Issued in Washington, DC. the public notice that by letter received crops, expedited approval of flagman John Karl Alexy, December 3, 2019, Colorado Pacific service to allow opening of the railroad Railroad, LLC (CXR) petitioned the to service is necessary. Associate Administrator for Railroad Safety, Federal Railroad Administration (FRA) A copy of the petition, as well as any Chief Safety Officer. for a waiver of compliance from certain written communications concerning the [FR Doc. 2019–26663 Filed 12–10–19; 8:45 am] provisions of the Federal railroad safety petition, is available for review online at BILLING CODE 4910–06–P regulations contained at 49 CFR part www.regulations.gov and in person at 234. FRA assigned the petition Docket the Department of Transportation’s Number FRA–2019–0103. Docket Operations Facility, 1200 New DEPARTMENT OF TRANSPORTATION Specifically, CXR seeks a waiver from Jersey Ave. SE, W12–140, Washington, the requirements of 49 CFR 234.247, National Highway Traffic Safety DC 20590. The Docket Operations Administration Purpose of inspections and tests; Facility is open from 9 a.m. to 5 p.m., removal from service of relay or device Monday through Friday, except Federal [Docket No. NHTSA–2019–0029; NHTSA– failing to meet test requirements. CXR Holidays. 2019–0030; Notice 2] seeks this relief to operate over five non- Interested parties are invited to functioning highway-rail grade participate in these proceedings by Mack Trucks, Inc., and Volvo Trucks crossings (HRGC) in Kiowa County, submitting written views, data, or North America, Grant of Petitions for Colorado, without making inspections comments. FRA does not anticipate Decision of Inconsequential and tests required in § 234.249 through scheduling a public hearing in Noncompliance § 234.271. connection with these proceedings since AGENCY: National Highway Traffic The line runs from milepost (MP) the facts do not appear to warrant a Safety Administration (NHTSA), 747.50 in Towner, Colorado, to NA hearing. If any interested parties desire Department of Transportation (DOT). Junction, Colorado, at MP 869.40. CXR an opportunity for oral comment, they ACTION: Grant of petitions. purchased the line in 2017, but it has should notify FRA, in writing, before not yet started operations pending the end of the comment period and SUMMARY: Mack Trucks Inc., (Mack) and repair and rehabilitation of the tracks specify the basis for their request. Volvo Trucks North America (Volvo) that have been neglected for many years. All communications concerning these have determined that certain model year CXR explains the HRGC warning proceedings should identify the (MY) 2014–2019 Mack Trucks and signal system at each of the five appropriate docket number and may be certain MY 2014–2019 Volvo Trucks do locations has been vandalized. CXR submitted by any of the following not comply with Federal Motor Vehicle intends to rehabilitate the tracks to meet methods: Safety Standard (FMVSS) 101, Controls FRA Class 2 standards with 25 miles per • Website: http:// and Displays. Both Mack and Volvo hour (MPH) operation, with 10 MPH in www.regulations.gov. Follow the online filed noncompliance reports dated Eads, Colorado, and Ordway, Colorado, instructions for submitting comments. August 16, 2018, and later amended with an average of one train per day. • Fax: 202–493–2251. them on August 23, 2018, and June 2, Applications to the Colorado Public • Mail: Docket Operations Facility, 2019. Both Mack and Volvo Utilities Commission have been made U.S. Department of Transportation, 1200 subsequently petitioned NHTSA on for the five involved HRGCs. Four of the New Jersey Ave. SE, W12–140, October 9, 2018, and later amended five applications seek changing the Washington, DC 20590. their respective petitions on May 29, active crossings to passive crossings, • Hand Delivery: 1200 New Jersey 2019, for a decision that the subject and one application seeks to remove the Ave. SE, Room W12–140, Washington, noncompliance is inconsequential as it gates, but keep the flashers. DC 20590, between 9 a.m. and 5 p.m., relates to motor vehicle safety. This CXR explains it only seeks permission Monday through Friday, except Federal notice announces grant of both Mack to temporarily use flagmen at five Holidays. HRGCs in relatively small Colorado Communications received by January and Volvo’s petitions. towns to allow rail service pending the 10, 2020 will be considered by FRA FOR FURTHER INFORMATION CONTACT: John reconstruction of rail signaling and before final action is taken. Comments Finneran, Office of Vehicle Safety equipment. The expectation is that no received after that date will be Compliance, NHTSA, telephone (202) more than one train of 25 cars per day considered if practicable. 366–5289, facsimile (202) 366–3081. would be transported over these HRGCs Anyone can search the electronic SUPPLEMENTARY INFORMATION: for a period of 10 weeks. This rail form of any written communications I. Overview service would be over an approximately and comments received into any of our 62-mile-long segment of CXR’s 122-mile dockets by the name of the individual Mack and Volvo have determined that rail line. This segment extends from submitting the comment (or signing the certain MY 2014–2019 Mack Trucks and Haswell, Colorado, eastward to Towner, document, if submitted on behalf of an that certain MY 2014–2019 Volvo Colorado, where the CXR track association, business, labor union, etc.). Trucks do not comply with Table 2 of interchanges with the track of the In accordance with 5 U.S.C. 553(c), DOT FMVSS 101, Controls and Displays (49 Kansas & Oklahoma Railroad. solicits comments from the public to CFR 571.101). Both Mack and Volvo CXR states there is a present urgency better inform its processes. DOT posts filed noncompliance reports dated to permit this rail service. Area wheat these comments, without edit, including August 16, 2018, and later amended VerDate Sep<11>2014 16:23 Dec 10, 2019 Jkt 250001 PO 00000 Frm 00064 Fmt 4703 Sfmt 4703 E:\FR\FM\11DEN1.SGM 11DEN1 lotter on DSKBCFDHB2PROD with NOTICES Federal Register / Vol. 84, No. 238 / Wednesday, December 11, 2019 / Notices 67767 them on August 23, 2018, and June 2, V. Summary of Petition the 30-day requirement. However, due 2019, pursuant to 49 CFR part 573, Mack and Volvo both described the to the nature of the noncompliance and Defect and Noncompliance subject noncompliance and stated its considering that the agency has Responsibility and Reports. Both Mack belief that the noncompliance is previously granted similar and Volvo subsequently petitioned inconsequential as it relates to motor inconsequential noncompliance NHTSA on October 9, 2018, and later vehicle safety. petitions, in this case, the agency has amended their petitions on May 29, Mack and Volvo submitted the decided to accept both Mack and 2019, for an exemption from the following views and arguments in Volvo’s petitions. notification and remedy requirements of support of the petitions: VII. NHTSA’s Analysis 49 U.S.C. Chapter 301 on the basis that 1. Both Mack and Volvo provide a this noncompliance is inconsequential visual and audible alarm along with air NHTSA has considered the arguments as it relates to motor vehicle safety, pressure gauges and feel that their presented by Mack and Volvo and has pursuant to 49 U.S.C. 30118(d) and vehicles, even though non-compliant, determined that the subject 30120(h) and 49 CFR part 556, meet the intent of the regulation to noncompliance is inconsequential to Exemption for Inconsequential Defect or provide a clear and visible warning to motor vehicle safety. NHTSA believes Noncompliance. the driver when the air pressure in the that the subject noncompliance poses no Notice of receipt of Mack’s and service reservoir system is below 60 psi. risk to motor vehicle safety for the Volvo’s petitions was published with a 2. For Mack Granite, Pinnacle, and reasons discussed below: 30-day public comment period on Titan model vehicles that are 2018 and 1. When a low air pressure situation August 21, 2019, in the Federal Register earlier, the display includes two gauges exists, each vehicle has a low system air (84 FR 43663). No comments were and a red low air pressure indicator pressure indicator illuminated in red received. lamp for each gauge. When a low air with a black background. There are no II. Vehicles Involved pressure situation occurs, the driver is requirements in FMVSS No. 101 for the warned through the gauge, a red color of the telltale but the petitioner’s Approximately 95,000 MY 2014–2019 use of red, which is an accepted color Mack Anthem, Granite, LR, Pinnacle, indicator lamp in each gauge, and an audible warning. representing an urgent condition, TerraPro, and Titan Trucks, provides a definitive indication of a manufactured between September 1, 3. For Mack LR model vehicles, two pressure gauges, a low air telltale, a situation that needs attention.
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