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

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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. 2013, and August 13, 2018, are 2. Simultaneous to the illumination of potentially involved. popup in the display, and an audible alarm are provided. the low system air pressure indicators is Approximately 130,000 MY 2014– activation of an audible alert, further 2019 Volvo VAH, VHD, VNL, VNM, 4. For Mack TerraPro model vehicles, pressure gauges, a low air telltale, and notifying the operator that a VNR VNX, and VT Trucks, malfunction exists, requiring corrective manufactured between September 1, an audible alarm are provided. 5. In 2019 and later Anthem, action. Although the alert would not, in 2013, and August 13, 2018, are and of itself, identify the problem, a potentially involved. Pinnacle, and Granite model vehicles, pressure gauges, a low air pressure pop- driver would be prompted by the III. Noncompliance up (System Air Pressure is Low), and an warning tone to heed the other Mack and Volvo explained that the audible alarm are provided. indicators. noncompliance is that the Low Brake 6. For Volvo, 2014–2019 models, the 3. In a low-pressure situation, the Air Pressure telltale for air brake display includes two gauges and a red operator is provided additional feedback systems does not display the words low air pressure indicator lamp for each by the primary and secondary ‘‘Brake Air,’’ as specified in Table 2 of gauge. When a low air pressure situation instrument cluster air gauges which are FMVSS No. 101. The subject Mack occurs, the driver is warned through the marked with numerical values in PSI vehicles include various combinations gauge, a red indicator lamp in each units with red shading denoting the of low air telltales, pressure gauges, and gauge, and an audible warning. On all low-pressure range. available alerts, and the subject Volvo models and model years, a pop-up (Low 4. The Agency believes that the vehicles include both visual and audible System Air Pressure) is provided in functionality of the parking brake warnings that are not an exact match to addition to the gauges, a low-pressure system and the braking performance of the ‘‘Brake Air’’ telltale requirement. indicator, and an audible alarm. the service brake system remain Both Mack and Volvo concluded by unaffected by the use of multiple IV. Rule Requirements expressing the belief that the subject different indicators and audible alerts Paragraphs S5 and S5.2.1 of FMVSS noncompliance is inconsequential as it instead of the words ‘‘Brake Air’’ on the No. 101 include the requirements relates to motor vehicle safety, and that subject vehicles. relevant to these petitions. Each their petitions to be exempted from 5. Lastly, NHTSA believes that, as the passenger car, multipurpose passenger providing notification of the affected trucks are predominately used vehicle, truck and bus that is fitted with noncompliance, as required by 49 as commercial vehicles with a control, a telltale, or an indicator U.S.C. 30118, and a remedy for the professional drivers, operators will listed in Table 1 or Table 2 must meet noncompliance, as required by 49 monitor their vehicle’s condition and the requirements of FMVSS No. 101 for U.S.C. 30120, should be granted. take note of any warning signs and the location, identification, color, and gauge readings to ensure proper VI. NHTSA’s Consideration illumination of that control, telltale or functionality of all systems. Also, indicator. Any manufacturer that determines a professional drivers will become Each control, telltale and indicator noncompliance to exist and intends to familiar with the meaning of the that is listed in column 1 of Table 1 or petition the agency, pursuant to 49 CFR telltales and other warnings and the Table 2 must be identified by the part 556.4(c), must submit their petition feedback provided to the driver in these symbol specified for it in column 2 or no later than 30 days after such vehicles, if a low brake pressure the word or abbreviation specified for it determination. Both Mack and Volvo condition exists, would be well in column 3 of Table 1 or Table 2. submitted their petitions 25 days past understood.

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NHTSA concludes that simultaneous (PHMSA), Department of Transportation Number (PHMSA–2018–0025) or RIN activation of the red low air pressure (DOT). (2137–AF40) for this rulemaking at the indicators, an audible alert for a low air ACTION: Notice. beginning of the comment. To avoid pressure condition, along with the duplication, please use only one of primary and secondary air gauge SUMMARY: PHMSA is publishing this these four methods. All comments indicators, provide adequate notice as a general informational received will be posted without change notification to the operator that a brake announcement concerning the issuance to the Federal Docket Management malfunction exists. of a special permit. The special permit System (FDMS) and will include any authorizes the grantee to transport personal information you provide. If VIII. NHTSA’s Decision Methane, refrigerated liquid (i.e., sent by mail, comments must be In consideration of the foregoing, liquefied natural gas or LNG) by rail submitted in duplicate. Persons wishing NHTSA finds that Mack and Volvo have tank car. The special permit and to receive confirmation of receipt of met their burden of persuasion that the documents supporting the special their comments must include a self- FMVSS No. 101 noncompliance is, in permit decision have been added to addressed stamped postcard. each case, inconsequential as it relates PHMSA’s LNG by Rail Notice of Docket: For access to the dockets to to motor vehicle safety. Accordingly, Proposed Rulemaking Docket (Docket read background documents or Mack and Volvo’s petitions are hereby No. PHMSA–2018–0025) for comments received, go to http:// granted, and they are exempted from the consideration by the public because the www.regulations.gov or DOT’s Docket obligation to provide notification of and subject matter of the special permit Operations Office (see ADDRESSES). remedy for, the subject noncompliance overlaps with the subject matter of Confidential Business Information: in the affected vehicles under 49 U.S.C. PHMSA’s rulemaking proposing to Confidential Business Information (CBI) 30118 and 30120. authorize the transport of LNG in rail is commercial or financial information NHTSA notes that the statutory tank cars. PHMSA reviewed comments that is both customarily and actually provisions (49 U.S.C. 30118(d) and to the draft environmental assessment treated as private by its owner. Under 30120(h)) that permit manufacturers to (Docket No. PHMSA–2019–0100) the Freedom of Information Act (FOIA) file petitions for a determination of published for public review on June 6, (5 U.S.C. 552), CBI is exempt from inconsequentiality allow NHTSA to 2019. These comments informed public disclosure. If your comments exempt manufacturers only from the PHMSA’s decision making in issuing responsive to this notice contain duties found in sections 30118 and the special permit and will also help to commercial or financial information 30120, respectively, to notify owners, inform PHMSA’s deliberations with that is customarily treated as private, purchasers, and dealers of a defect or respect to a potential LNG by rail final that you actually treat as private, and noncompliance and to remedy the rule. PHMSA will consider any that is relevant or responsive to this defect or noncompliance. Therefore, this additional comments on the operational notice, it is important that you clearly decision only applies to the subject controls included in the special permit designate the submitted comments as vehicle that Mack and Volvo no longer that are filed to the LNG rulemaking CBI. Pursuant to 49 CFR 105.30, you controlled at the time it determined that docket to aid the agency in determining may ask PHMSA to give confidential the noncompliance existed. However, what, if any, operational controls may treatment to information you give to the the granting of this petition does not be appropriate for inclusion in a agency by taking the following steps: (1) relieve vehicle distributors and dealers potential final rule. Mark each page of the original of the prohibitions on the sale, offer for DATES: Comments must be received to document submission containing CBI as sale, or introduction or delivery for Docket No. PHMSA–2018–0025 by ‘‘Confidential’’; (2) send PHMSA, along introduction into interstate commerce of December 23, 2019. To the extent with the original document, a second the noncompliant vehicles under their practicable, PHMSA will consider late- copy of the original document with the control after Mack and Volvo notified filed comments in development of a CBI deleted; and (3) explain why the them that the subject noncompliance potential final rule. information you are submitting is CBI. existed. ADDRESSES: You may submit comments Unless you are notified otherwise, Authority: (49 U.S.C. 30118, 30120: identified by the Docket Number PHMSA will treat such marked delegations of authority at 49 CFR 1.95 and PHMSA–2018–0025 (HM–264) via any submissions as confidential under the 501.8) of the following methods: FOIA, and they will not be placed in the • public docket of this notice. Otto G. Matheke III, Federal eRulemaking Portal: http:// Submissions containing CBI should be Director, Office of Vehicle Safety Compliance. www.regulations.gov. Follow the instructions for submitting comments. sent to Michael Ciccarone, Office of [FR Doc. 2019–26685 Filed 12–10–19; 8:45 am] • Fax: 1–202–493–2251. Hazardous Materials Safety, Standards BILLING CODE 4910–59–P • Mail: Docket Management System; and Rulemaking Division, Pipeline and U.S. Department of Transportation, Hazardous Materials Safety Administration, U.S. Department of DEPARTMENT OF TRANSPORTATION West Building, Ground Floor, Room W12–140, Routing Symbol M–30, 1200 Transportation, 1200 New Jersey Ave. Pipeline and Hazardous Materials New Jersey Avenue SE, Washington, DC SE, Washington, DC 20590–0001. Any Safety Administration 20590. commentary that PHMSA receives • Hand Delivery: To the Docket which is not specifically designated as [Docket No. PHMSA–2018–0025: Notice No. Management System; Room W12–140 CBI will be placed in the LNG by Rail 19–XX] on the ground floor of the West Notice of Proposed Rulemaking Docket (Docket No. PHMSA–2018–0025). Hazardous Materials: Notice of Building, 1200 New Jersey Avenue SE, Issuance of Special Permit Regarding Washington, DC 20590, between 9 a.m. FOR FURTHER INFORMATION CONTACT: Liquefied Natural Gas and 5 p.m., Monday through Friday, Donald Burger, Approvals and Permits except Federal holidays. (PHH–30), Telephone (202) 366–4535, AGENCY: Pipeline and Hazardous Instructions: All submissions must or Michael Ciccarone, Standards and Materials Safety Administration include the agency name and Docket Rulemaking Division (PHH–10),

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