Oct 2 2020, FR Notice (30 Day)

Oct 2 2020 30-Day FRN.pdf

Railroad Safety Appliance Standards

Oct 2 2020, FR Notice (30 Day)

OMB: 2130-0594

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Federal Register / Vol. 85, No. 192 / Friday, October 2, 2020 / Notices

Comments are due within 30
days of the date of the publication of
this notice in the Federal Register.

DEPARTMENT OF TRANSPORTATION

Written comments can be
provided to Gary M. Gates, Civil
Engineer, Helena Airports District
Office, 2725 Skyway Drive Suite 2,
Helena, MT 59602, (406) 449–5271.

[Docket No. FRA–2020–0027–N–25]

DATES:

Federal Railroad Administration

ADDRESSES:

Proposed Agency Information
Collection Activities; Comment
Request

Mr.
Monte Hasl, Airport Superintendent,
Nampa Municipal Airport, 411 3rd
Street South, Nampa Idaho 83651 or
Gary M. Gates, Civil Engineer, Helena
Airports District Office, 2725 Skyway
Drive Suite 2, Helena, MT 59602, (406)
449–5271. Documents reflecting this
FAA action may be reviewed at the
above locations.

FOR FURTHER INFORMATION CONTACT:

Under the
provisions of Title 49, U.S.C. 47153(c),
and 47107(h)(2), the FAA is considering
a proposal from the Airport
Superintendent, Nampa Municipal
Airport, to change a portion of the
Nampa Municipal Airport from
aeronautical use to non-aeronautical use
in order to relocate a portion of an
existing roadway outside of the Runway
Protection Zone (RPZ). A total of 6
parcels, consisting of approximately
4.68 acres were included in the request.
The FAA has reviewed the request and
determined that all of the parcels or
portions thereof in the request package
can be released from aeronautical use.
The land will remain under the City of
Nampa ownership and will be leased at
fair market value for non-aeronautical
revenue generation. The revenue will
support the Airports aviation needs,
including upcoming airport
development projects. The proposed use
of this property is considered
compatible with other airport operations
in accordance with FAA’s Policy and
Procedures Concerning the Use of
Airport Revenue, published in Federal
Register on February 16, 1999.

SUPPLEMENTARY INFORMATION:

Issued in Helena, Montana on September
28, 2020.
Steven L. Engebrecht,
Acting Manager,Helena Airports District
Office.
[FR Doc. 2020–21780 Filed 10–1–20; 8:45 am]

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Federal Railroad
Administration (FRA), Department of
Transportation (DOT).
ACTION: Notice of information collection;
request for comment.
AGENCY:

Under the Paperwork
Reduction Act of 1995 (PRA) and its
implementing regulations, this notice
announces that FRA is forwarding the
Information Collection Request (ICR)
abstracted below to the Office of
Management and Budget (OMB) for
review and comment. The ICR describes
the information collection and its
expected burden. On July 16, 2020, FRA
published a notice providing a 60-day
period for public comment on the ICR.
DATES: Interested persons are invited to
submit comments on or before
November 2, 2020.
ADDRESSES: Written comments and
recommendations for the proposed ICR
should be sent within 30 days of
publication of this notice to
www.reginfo.gov/public/do/PRAMain.
Find the particular ICR by selecting
‘‘Currently under 30-day Review—Open
for Public Comments’’ or by using the
search function.
FOR FURTHER INFORMATION CONTACT: Ms.
Hodan Wells, Information Collection
Clearance Officer, Office of Railroad
Safety, Regulatory Analysis Division,
Federal Railroad Administration,
telephone (202) 493–0440, email:
[email protected].
SUPPLEMENTARY INFORMATION: The PRA,
44 U.S.C. 3501–3520, and its
implementing regulations, 5 CFR part
1320, require Federal agencies to issue
two notices seeking public comment on
information collection activities before
OMB may approve paperwork packages.
See 44 U.S.C. 3506, 3507; 5 CFR 1320.8
through 1320.12. On July 16, 2020, FRA
published a 60-day notice in the Federal
Register soliciting comment on the ICR
for which it is now seeking OMB
approval. See 85 FR 43298. FRA
received no comments in response to
this notice.
Before OMB decides whether to
approve these proposed collections of
information, it must provide 30 days for
public comment. Federal law requires
OMB to approve or disapprove
paperwork packages between 30 and 60
days after the 30-day notice is
SUMMARY:

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published. 44 U.S.C. 3507(b)–(c); 5 CFR
1320.12(d); see also 60 FR 44978, 44983,
Aug. 29, 1995. OMB believes the 30-day
notice informs the regulated community
to file relevant comments and affords
the agency adequate time to digest
public comments before it renders a
decision. 60 FR 44983, Aug. 29, 1995.
Therefore, respondents should submit
their respective comments to OMB
within 30 days of publication to best
ensure having their full effect.
Comments are invited on the
following ICR regarding: (1) Whether the
information collection activities are
necessary for FRA to properly execute
its functions, including whether the
information will have practical utility;
(2) the accuracy of FRA’s estimates of
the burden of the information collection
activities, including the validity of the
methodology and assumptions used to
determine the estimates; (3) ways for
FRA to enhance the quality, utility, and
clarity of the information being
collected; and (4) ways to minimize the
burden of information collection
activities on the public, including the
use of automated collection techniques
or other forms of information
technology.
The summaries below describe the
ICR 1 that FRA will submit for OMB
clearance as the PRA requires:
Title: Railroad Safety Appliance
Standards.
OMB Control Number: 2130–0594.
Abstract: The information collection
associated with 49 CFR part 231 is used
by FRA to promote and enhance the safe
placement and securement of safety
appliances on modern rail equipment by
establishing a process for the review and
approval of existing industry standards.
In 2011, FRA amended the regulations
related to safety appliance arrangements
by permitting railroad industry
representatives to submit requests for
the approval of existing industry
standards relating to the safety
appliance arrangements on newly
constructed railroad cars, locomotives,
tenders, or other rail vehicles in lieu of
the specific provisions contained in part
231.
Type of Request: Extension with
change (revised estimates) of a currently
approved collection.
Affected Public: Businesses.
Form(s): N/A.
1 After an internal agency review, FRA adjusts the
ICR’s total estimated annual responses from 7
responses to 6 responses, consistent with FRA’s
experience of one response approximately every
two months. FRA does not anticipate the filing of
any statement of interests under 49 CFR
231.35(b)(2)(iii), thus decreasing the burden hours
from 38 hours to 37 hours.

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Federal Register / Vol. 85, No. 192 / Friday, October 2, 2020 / Notices
Respondent Universe: Railroads/
railroad industry representatives/rail
labor unions/general public.
Frequency of Submission: On
occasion.
Total Estimated Annual Responses: 6.
Total Estimated Annual Burden: 37
hours.
Total Estimated Annual Burden Hour
Dollar Cost Equivalent: $2,849.
Under 44 U.S.C. 3507(a) and 5 CFR
1320.5(b) and 1320.8(b)(3)(vi), FRA
informs all interested parties that a
respondent is not required to respond
to, conduct, or sponsor a collection of
information that does not display a
currently valid OMB control number.
(Authority: 44 U.S.C. 3501–3520)
Brett A. Jortland,
Deputy Chief Counsel.
[FR Doc. 2020–21836 Filed 10–1–20; 8:45 am]
BILLING CODE 4910–06–P

DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety
Administration
[Docket No. NHTSA–2019–0094; Notice 2]

II. Vehicles Involved

Porsche Cars North America, Inc.,
Grant of Petition for Decision of
Inconsequential Noncompliance

Approximately 2,610 MY 2018
Porsche 911 GT3 motor vehicles,
manufactured between August 30, 2017,
and December 21, 2018, are potentially
involved.

National Highway Traffic
Safety Administration (NHTSA),
Department of Transportation (DOT).
ACTION: Grant of petition.
AGENCY:

III. Noncompliance

Porsche Cars North America,
Inc. has determined that certain model
year (MY) 2018 Porsche 911 GT3 motor
vehicles do not fully comply with
Federal Motor Vehicle Safety Standard
(FMVSS) No. 108, Lamps, Reflective
Devices, and Associated Equipment.
Porsche filed a noncompliance report
dated July 24, 2019. Porsche
subsequently petitioned NHTSA on
August 20, 2019, for a decision that the
subject noncompliance is
inconsequential as it relates to motor
vehicle safety. This document
announces the grant of Porsche’s
petition for inconsequential
noncompliance.
FOR FURTHER INFORMATION CONTACT:
Leroy Angeles, Office of Vehicle Safety
Compliance, the National Highway
Traffic Safety Administration (NHTSA),
telephone (202) 366–5304, facsimile
(202) 366–3081.
SUPPLEMENTARY INFORMATION:

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SUMMARY:

I. Overview
Porsche has determined that certain
MY 2018 Porsche 911 GT3 motor
vehicles do not fully comply with

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Paragraph S8.1.4 and Table I–a of
FMVSS No. 108, Lamps, Reflective
Devices, and Associated Equipment. (49
CFR 571.108). Porsche filed a
noncompliance report dated July 24,
2019, pursuant to 49 CFR part 573,
Defect and Noncompliance
Responsibility and Reports. Porsche
subsequently petitioned NHTSA on
August 20, 2019, 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 Porsche’s petition
was published with a 30-day public
comment period, on January 3, 2020, in
the Federal Register (85 FR 412). 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–2019–
0094.’’

Porsche explains that the
noncompliance is that the subject
vehicles are equipped with rear reflex
reflectors that do not meet the height
requirements as specified in paragraph
S8.1.4 and Table I–a of FMVSS No. 108.
Specifically, the rear reflex reflectors are
mounted approximately 0.20 inches
below the required 15 inches above the
road surface. The actual height above
the road surface is approximately 14.8
inches.
IV. Rule Requirements
Paragraph S8.1.4 and Table I–a of
FMVSS No. 108 includes the
requirements relevant to this petition.
The reflective devices should not be
mounted less than 15 inches and no
more than 60 inches in height.
V. Summary of Porsche’s Petition
The following views and arguments
presented in this section are the views
and arguments provided by Porsche.
They do not reflect the views of the
Agency.
Porsche described the subject
noncompliance and stated that the

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noncompliance is inconsequential as it
relates to motor vehicle safety.
Porsche submitted the following
views and arguments in support of its
petition: 1
1. The installation height
requirements of reflex reflectors as
defined by paragraph S8.1.4 of FMVSS
No. 108 are intended to assure a
sufficient luminous intensity of the
reflex reflectors towards the source of
illumination. Although the rear reflex
reflectors’ installation height falls
slightly below the specified minimum
height by 0.20 inches (5 mm), Porsche
has confirmed that the rear reflex
reflectors meet or exceed all applicable
FMVSS requirements regarding the
luminous intensity performance as
stated under § 571.108, S14 and all
other relevant requirements of FMVSS
No. 108 of paragraphs S8.1 and S8.2.
Porsche provided a copy of the
photometric test results for the rear
reflex reflectors, which Porsche believes
shows that the installation height does
not affect the performance of the
luminous intensity of the rear reflex
reflectors or the visibility of the subject
vehicles.
2. Porsche is unaware of any
accidents, injuries, warranty claims or
customer complaints related to the
slight shortfall of the rear reflex
reflectors’ installation height. The
absence of indicant data supports the
conclusion that the minimal deviation
in mounting height does not affect the
performance of the rear reflectors or the
visibility of the subject vehicles.
3. Porsche notes that NHTSA has
previously granted a similar petition.2
In that petition, Harley-Davidson Motor
Company, Inc. described the
noncompliance with FMVSS No. 108
where the rear reflex reflectors were
mounted an average of 0.3 inches to 0.7
inches below the required 15-inch
height. NHTSA determined that this
noncompliance, where the deviation
from the specified height was even
greater than in the present case, was
inconsequential to motor vehicle safety
based primarily on the lack of reduction
in conspicuity as compared to
compliant vehicles. Porsche suggests
that its noncompliant vehicles are also
equally conspicuous.
4. The purpose of the FMVSS No. 108
reflex reflector requirement is to prevent
crashes by permitting early detection of
an unlighted motor vehicle at an
intersection or when parked on or by
the side of the road, and the height
requirement is intended ‘‘to ensure
adequate reflex reflector performance
1 See
2 See

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Docket Number ‘‘NHTSA–2019–0094–001’’.
79 FR 69558, November 21, 2014.

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