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Federal Register / Vol. 89, No. 180 / Tuesday, September 17, 2024 / Notices

OMB Control Number: 2130–0008.
Abstract: Title 49 CFR part 232
prescribes Federal safety standards for
freight and other non-passenger train
brake systems and equipment. Part 232
contains recordkeeping and information
reporting requirements, including
requirements relating to the following:
General (subpart A)—procedures for
special approvals of alternative
standards or test procedures and
waivers, and procedures related to the
movement of equipment with defective
brakes.
General requirements (subpart B)—
generally applicable system
requirements for the operation of brake
systems on complete trains, including
braking systems, locomotive brakes,
dynamic braking, train handling, and
unattended equipment securement.
Inspection and testing requirements
(subpart C)—various airbrake test
requirements for specific train operating
scenarios, including initial terminal
tests, intermediate inspections,
continuity tests, and extended haul
trains. This subpart also has specific
rules regarding the use of yard air for
conducting the above tests in lieu of
locomotives and the use of independent
locomotives in double-heading and
helper service.
Periodic maintenance and testing
requirements (subpart D)—yearly and
other periodic testing of individual
equipment. This subpart also specifies
the equipment and procedures
necessary to modify the instructions
used to perform these tests.
End-of-train (EOT) devices (subpart
E)—design and performance standards
of both one-way and two-way EOT
devices used on all trains with air
brakes. This subpart also includes the
inspection and testing requirements for
EOT devices.
Introduction of new brake system
technology (subpart F)—approval
procedures for the introduction of new
technologies not already covered by
existing regulations, and requirements
for the development of a pre-revenue
service acceptance testing plan.
Electronically controlled pneumatic
(ECP) braking systems (subpart G)—
alternate standards for the operation and
maintenance of ECP brake systems,
particularly where the ECP system is not
harmonious with previous standards.
This includes interoperability, training,
inspection and testing, movement of
defective equipment, and periodic
maintenance.
Tourist, scenic, historic, and
excursion operations (T&H) braking
approved title in the OMB inventory as Brake
System Standards for Freight and Other NonPassenger Trains and Equipment.

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systems (subpart H)—regulations that
apply specifically to T&H railroads.
Those regulations are the same as
existed in 2001,2 as stated in current 49
CFR 232.1(c).
Overall, the information collection
requirements of part 232 serve two
important safety purposes. First, the
regulations allow FRA to monitor
compliance with braking system safety
regulations. Second, FRA refers to
records regularly maintained under part
232 to assess the effectiveness of the
regulations and identify opportunities
for improvement.
Type of Request: Extension without
change (with changes in estimates) of a
currently approved information
collection.
Affected Public: Railroads,
Association of American Railroads
(AAR), and manufacturers.
Form(s): N/A.
Respondent Universe: 784 Railroads.
Frequency of Submission: On
occasion.
Total Estimated Annual Responses:
4,947,392.
Total Estimated Annual Burden:
324,638 hours.
Total Estimated Annual Burden Hour
Dollar Cost Equivalent: $27,896,141.
FRA informs all interested parties that
it may not conduct or sponsor, and a
respondent is not required to respond
to, a collection of information that does
not display a currently valid OMB
control number.
Authority: 44 U.S.C. 3501–3520.
Christopher S. Van Nostrand,
Deputy Chief Counsel.
[FR Doc. 2024–21125 Filed 9–16–24; 8:45 am]
BILLING CODE 4910–06–P

DEPARTMENT OF TRANSPORTATION
Maritime Administration
[Docket No. MARAD–2024–0122]

Request for Comments on the Renewal
of a Previously Approved Collection:
Shipbuilding Orderbook and Shipyard
Employment
Maritime Administration, DOT
Notice.

AGENCY:
ACTION:

The Maritime Administration
(MARAD) invites public comments on
our intention to request the Office of
Management and Budget (OMB)
approval to renew an information

SUMMARY:

2 In 2001, appendix B to part 232 was created to
preserve part 232 as it existed prior to a 2001 final
rule. In 2020, appendix B was moved, with some
revisions, to a new subpart H. See 85 FR 80544,
Dec. 11, 2020.

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collection. The proposed collection
OMB 2133–0029 (Shipbuilding
Orderbook and Shipyard Employment)
is used to provide essential information
for reports, services, projects, and
database to better understand the
current state of the shipyards in the U.S.
In compliance with the Merchant
Marine Act of 1936, as amended,
MARAD conducts this survey to obtain
information from the shipbuilding and
ship repair industry to be used
primarily to determine if an adequate
mobilization base exists for national
defense and for use in a national
emergency. There are no changes to the
collection since the last renewal. We are
required to publish this notice in the
Federal Register to obtain comments
from the public and affected agencies.
ADDRESSES: Written comments and
recommendations for the proposed
information collections should be sent
within 30 days of publication of this
notice to www.reginfo.gov/public/do/
PRAMain. Find this particular
information collection by selecting
‘‘Currently under 30-day Review—Open
for Public Comments’’ or by using the
search function.
FOR FURTHER INFORMATION CONTACT:
Elizabeth Gearhart, 202–366–1867,
Office of Shipyards and Marine
Engineering (MAR 720), Maritime
Administration, U.S. Department of
Transportation, 1200 New Jersey Ave
SE, Washington, DC 20590, Email:
beth.gearhart@dot.gov.
SUPPLEMENTARY INFORMATION: Title:
Shipbuilding Orderbook and Shipyard
Employment.
OMB Control Number: 2133–0029.
Type of Request: Extension of a
previously approved information
collection.
Abstract: In compliance with 46
U.S.C. 50102 (2007), the Merchant
Marine Act of 1936, as amended,
MARAD conducts this survey to obtain
information from the shipbuilding and
ship repair industry to be used
primarily to determine if an adequate
mobilization base exists for national
defense and for use in a national
emergency.
Respondents: Owners of U.S.
shipyards who agree to complete the
requested information.
Affected Public: Business or other for
profit.
Estimated Number of Respondents:
200.
Estimated Number of Responses: 200.
Estimated Hours per Response: 0.5.
Annual Estimated Total Annual
Burden Hours: 100.
Frequency of Response: Once
Annually.

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Federal Register / Vol. 89, No. 180 / Tuesday, September 17, 2024 / Notices
A 60-day Federal Register Notice
soliciting comments on this information
collection was published on June 13,
2024 (89 FR 50405).
(Authority: The Paperwork Reduction Act of
1995; 44 U.S.C. Chapter 35, as amended; and
49 CFR 1.49.)
By Order of the Maritime Administrator.
T. Mitchell Hudson, Jr.
Secretary, Maritime Administration.
[FR Doc. 2024–21104 Filed 9–16–24; 8:45 am]
BILLING CODE 4910–81–P

DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety
Administration
[Docket No. NHTSA–2019–0077; Notice 2]

Harley-Davidson Motor Company,
Denial of Petition for Decision of
Inconsequential Noncompliance
National Highway Traffic
Safety Administration (NHTSA or the
Agency), Department of Transportation
(DOT).
ACTION: Denial of petition.
AGENCY:

Harley-Davidson Motor
Company (Harley-Davidson) has
determined that certain model year
(MY) 2018–2019 Harley-Davidson
Softail motorcycles do not fully comply
with Federal Motor Vehicle Safety
Standard (FMVSS) No. 120, Tire
Selection and Rims and Motor Home/
Recreation Vehicle Trailer Load
Carrying Capacity Information for Motor
Vehicles with a GVWR of more than
4,536 kilograms (10,000 Pounds).
Harley-Davidson filed a noncompliance
report dated June 20, 2019. HarleyDavidson subsequently petitioned
NHTSA, on July 17, 2019, for a decision
that the subject noncompliance is
inconsequential as it relates to motor
vehicle safety. This document
announces and explains the denial of
Harley-Davidson’s petition.
FOR FURTHER INFORMATION CONTACT:
Kamna Ralhan, Office of Vehicle Safety
Compliance, NHTSA, (202) 366–7236.
SUPPLEMENTARY INFORMATION:

ddrumheller on DSK120RN23PROD with NOTICES1

SUMMARY:

I. Overview
Harley-Davidson has determined that
certain MY 2018–2019 Harley-Davidson
Softail motorcycles do not fully comply
with paragraph S5.3.1 of FMVSS No.
120, Tire Selection and Rims and Motor
Home/Recreation Vehicle Trailer Load
Carrying Capacity Information for Motor
Vehicles with a GVWR of More Than
4,536 Kilograms (10,000 Pounds) (49
CFR 571.120). On June 20, 2019, HarleyDavidson filed a noncompliance report

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with NHTSA for the subject
motorcycles, pursuant to 49 CFR part
573, Defect and Noncompliance
Responsibility and Reports. On July 17,
2019, Harley-Davidson petitioned
NHTSA for an exemption from the
notification and remedy requirements of
49 U.S.C. Chapter 301, asserting that the
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 Harley-Davidson’s
petition was published with a 30-day
public comment period, on June 12,
2020, in the Federal Register (85 FR
35987). NHTSA did not receive any
comments on the petition. 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–
0077.’’
II. Motorcycles Involved
Approximately 12,931 MY 2018–2019
Harley-Davidson Softail FXBB Street
Bob and FXLR Low Rider motorcycles,
manufactured between June 22, 2017,
and June 11, 2019, are potentially
involved.
III. Noncompliance
Harley-Davidson explains that the
noncompliance is that the subject
motorcycles are equipped with a
certification label which incorrectly
states the recommended cold inflation
pressure for the front tires and,
therefore, does not fully comply with
paragraph S5.3.1 of FMVSS No. 120.
Specifically, when a motorcycle’s tires
are set to the inflation pressure stated on
the certification label, the load ratings of
the front tires, according to the Tire and
Rim Association Year Book (TRA Year
Book), are less than the stated front
gross axle weight ratings (GAWR) of the
motorcycles.
IV. Rule Requirements
Paragraphs S5.1.2 and S5.3.1 of
FMVSS No. 120 set forth the relevant
requirements for which HarleyDavidson is claiming an inconsequential
noncompliance. Pursuant to FMVSS No.
120, S5.1.2, the sum of the maximum
load ratings of the tires fitted to an axle
shall not be less than the GAWR of the
axle system as specified on the vehicle’s
certification label, which is required by
49 CFR part 567. Additionally, FMVSS
No. 120, S5.3.1 requires that the sum of
the load ratings of the tires on each axle,
based on the tire size designation (not

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necessarily for the tires on the vehicle)
and the recommended cold inflation
pressure for those tires, is appropriate
for the GAWR as calculated in
accordance with S5.1.2.
V. Summary of Harley-Davidson’s
Petition
The following views and arguments
presented in this section are the views
and arguments provided by HarleyDavidson in its petition and do not
reflect the views of the Agency.
Harley-Davidson describes the subject
noncompliance and states that the
noncompliance is inconsequential as it
relates to motor vehicle safety. In
support of its petition, Harley-Davidson
offers the following reasoning:
The front wheel of the FXBB
motorcycle is fitted with a Dunlop
D401F 100/90–19 57H BW tire as
original equipment. The model has a
GAWR of 450 lbs., but when a
motorcycle owner inflates the tire to the
recommended inflation level that is
shown on the certification label (i.e., 30
psi), the calculated load rating of the
front tire, according to the TRA Year
Book, is 386 lbs. Because the FXBB’s
GAWR is 450 lbs., the tire’s load rating
at its recommended inflation pressure is
64 lbs. below the required front tire
GAWR.
The front wheel of the FXLR
motorcycle is fitted with a Michelin
Scorcher ‘‘31’’ 100/90B19 62H BW tire
as original equipment. The front axle
has a GAWR of 450 lbs., but when a
motorcycle owner inflates the tire to the
recommended inflation level shown on
the certification label (i.e., 30 psi), the
calculated load rating of the front tire,
according to the TRA Year Book, is 443
lbs. Because the FXLR’s GAWR is 450
lbs., the tire’s load rating at its
recommended inflation pressure is 7
lbs. below the required front tire GAWR.
Harley-Davidson cites NHTSA as
explaining that the GAWR ‘‘formalizes
the decision each manufacturer makes
about the load-bearing ability of the
tires, rims, axle, brakes, and suspension
components (at a minimum) chosen to
support and control the loaded vehicle.’’
See 42 FR 7140 (February 7, 1977).
FMVSS No. 120, S5.3.1 seeks to ensure
that the combination of the tire size
designation and the recommended cold
inflation pressure can support and
control the loaded vehicle.
In its views, despite the load rating of
the tires at the recommended inflation
pressure falling below the GAWR,
Harley-Davidson contends that the
noncompliant tires were designed to
carry a greater load than specified.
Harley-Davidson supports its position
by submitting test results conducted by

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