Federal Register / Vol. 65, No. 83 / Friday, April 28, 2000 / Notices 25021

and its expected burden. The Federal

Register Notice with a 60-day comment

period soliciting comments on the

following information collection was

published on November 30, 1999 (64 FR

66961).

DATES: Comments must be submitted on

or before May 30, 2000.

FOR FURTHER INFORMATION CONTACT: Mr.

Ron Ashby, (202) 358–7039, Office of

Enforcement and Compliance, Federal

Motor Carrier Safety Administration,

400 7th Street, SW., Washington, DC

20590–0001. Office hours are from 7:30

a.m. to 4 p.m., e.t., Monday through

Friday, except Federal holidays.

SUPPLEMENTARY INFORMATION:

Title: Financial Responsibility for

Motor Carriers of Passengers and Motor

Carriers of Property.

OMB Number: 2126–0008.

Type of Request: Renewal of

currently-approved information

collections.

Abstract: Upon OMB approval for

renewal of information collections, the

FMCSA is requesting to combine two

information collections into one as

titled above. The 60-day Federal

Register notice was published prior to

OMB’s assignment of new approval

numbers to accommodate the FMCSA.

Therefore, the Notice referenced the two

collections under their former Federal

Highway Administration (FHWA) OMB

approval numbers as 2125–0074 and

2125–0518. They have subsequently

been renumbered as 2126–0005 and

2126–0008. FMCSA is requesting that a

combined collection maintain OMB

Approval No. 2126–0008 and that 2126–

0005 be canceled. The two collections,

which differ only in regulated

audiences, cover similar requirements

for motor carriers to document their

minimum levels of financial

responsibility. Combining these two

collections will not result in increased

burdens.

The Secretary of Transportation is

responsible for regulations which

establish minimal levels of financial

responsibility for (1) motor carriers of

property to cover public liability,

property damage, and environmental

restoration and (2) for-hire motor

carriers of passengers to cover public

liability and property damage. The

Endorsement for Motor Carrier Policies

of Insurance for Public Liability (Form

MCS–90/90B) and the Motor Carrier

Public Liability Surety Bond (Form

MCS–82/82B) contain the minimum

amount of information necessary to

document that these levels have been

obtained and are in effect. The

information within these documents is

used by the FMCSA and the public to

verify that a motor carrier of property or

passengers has obtained and has in

effect the required minimum levels of

financial responsibility.

Respondents: Insurance and surety

companies of motor carriers of property

(Form MCS–90 and Form MCS–82) and

motor carriers of passengers (Form

MCS–90B and Form MCS–82B).

Average Burden per Response: Two

minutes to complete the Endorsement

for Motor Carrier Policies of Insurance

for Public Liability or the Motor Carrier

Public Liability Surety Bond; one

minute to file the Motor Carrier Public

Liability Surety Bond; one minute to

have either document on board the

vehicle (foreign-domiciled motor

carriers only).

Estimated Total Annual Burden:

5,285 hours.

Frequency: Upon creation, change, or

replacement of an insurance policy or

surety bond.

ADDRESSES: Send comments to the

Office of Information and Regulatory

Affairs, Office of Management and

Budget, 725 17th Street, NW.,

Washington, DC 20503, Attention: DOT

Desk Officer. Comments are invited on:

Whether the proposed collection of

information is necessary for the proper

performance of the functions of the

Department, including whether the

information will have practical utility;

the accuracy of the Department’s

estimate of the burden of the proposed

information collection; ways to enhance

the quality, utility and clarity of the

information to be collected; and ways to

minimize the burden of the collection of

information on respondents, including

the use of automated collection

techniques or other forms of information

technology. A comment to OMB is most

effective if OMB receives it within 30

days of publication of this Notice.

Issued on: April 20, 2000.

Brian M. McLaughlin,

Director Office of Policy, Plans, & Regulations,

Federal Motor Carrier Safety Administration.

[FR Doc. 00–10547 Filed 4–27–00; 8:45 am]

BILLING CODE 4910–22–P

DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

Petitions for Waiver of Compliance;

Date and Location of Public Hearings

The National Railroad Passenger

Corporation (Amtrak), Maryland Mass

Transit Administration (MTA), and San

Diego Trolley, Inc. (SDTI) each seek a

waiver of compliance from 49 CFR

238.203(d)(2) to allow the continued

temporary usage of certain railroad

passenger equipment that does not

comply with FRA’s requirements for

static end strength contained in 49 CFR

238.203(a)(1). Amtrak, MTA, and SDTI

have petitioned FRA for

‘‘grandfathering’’ approval of this

passenger equipment pursuant to 49

CFR 238.203(d), which allows the

temporary usage of railroad passenger

equipment not conforming to FRA’s

static end strength requirements to

continue while a petition for

grandfathering approval is being

processed, but not later than May 8,

2000, unless FRA has approved the

petition. Amtrak, MTA, and SDTI seek

to extend beyond the May 8, 2000 date

the period during which passenger

equipment that is the subject of the

grandfathering petitions may operate,

until a date that is 30 days after the date

on which FRA acts finally on their

grandfathering petitions. SDTI also

seeks a waiver from the requirement to

file a grandfathering petition before

November 8, 1999. FRA announces that

it will hold a public hearing on each of

these waiver requests, as discussed in

more detail below by railroad.

National Railroad Passenger

Corporation (Amtrak)

[Docket No. FRA–2000–7199]

By public notice published on April

11, 2000 (65 FR 19427), FRA announced

the receipt of a petition from Amtrak for

a waiver of compliance from the May 8,

2000 date specified in 49 CFR

238.203(d)(2) for cessation of the

temporary usage of non-compliant

railroad passenger equipment that is the

subject of a grandfathering petition filed

with FRA, absent FRA approval of the

petition by that date. This waiver

petition proceeding is identified as

Docket No. FRA–2000–7199. On

October 18, 1999, Amtrak had filed a

grandfathering petition with FRA in

which it requested approval to continue

using five trainsets that do not meet the

static end strength requirements

contained in 49 CFR 238.203(a)(1). (This

grandfathering petition proceeding is

identified as Docket No. FRA–1999–

6404.) In the April 11, 2000 notice, FRA

invited comments from interested

parties on Amtrak’s waiver request, and

explained that any interested party

requesting a public hearing on this

request must do so, in writing, by April

20, 2000.

On April 20, 2000, FRA received a

request from Bombardier, Inc., for a

public hearing in connection with

Amtrak’s waiver request in Docket No.

FRA–2000–7199. Bombardier stated that

a public hearing is essential on the basis

that the waiver request, as currently

25022 Federal Register / Vol. 65, No. 83 / Friday, April 28, 2000 / Notices

docketed, lacks factual support for a

determination that continued operation

of the Talgo passenger equipment

beyond May 8, 2000, is consistent with

railroad safety. Bombardier also stated

that a public hearing is essential to

address FRA’s decision to consider this

general waiver request in a newlydocketed proceeding.

In accordance with 49 CFR 211.25,

FRA has decided to hold a public

hearing in Docket No. FRA–2000–7199

on Amtrak’s request to extend the May

8, 2000 date specified in 49 CFR

238.203(d) to a date 30 days after FRA

acts finally on Amtrak’s grandfathering

petition. A public hearing is hereby set

for 9:00 a.m. on Wednesday, May 3,

2000, at the Federal Railroad

Administration, 7th floor, conference

room 2, 1120 Vermont Ave., NW,

Washington, DC 20590. Interested

parties are invited to present oral

statements at the hearing. The hearing

will be an informal one and will be

conducted in accordance with FRA’s

Rules of Practice (49 CFR 211.25) by a

representative designated by FRA. The

hearing will be a non-adversarial

proceeding; therefore, there will be no

cross-examination of persons presenting

statements. The FRA representative will

make an opening statement outlining

the scope of the hearing. After all initial

statements have been completed, those

persons wishing to make a brief rebuttal

will be given the opportunity to do so

in the same order in which initial

statements were made. Additional

procedures, as necessary for the conduct

of the hearing, will be announced at the

hearing.

FRA makes clear that the hearing

scheduled for May 3, 2000 is not a

hearing on the merits of Amtrak’s

grandfathering petition, identified as

Docket No. FRA–1999–6404.

Maryland Mass Transit Administration

[Docket No. FRA–2000–7286]

FRA announces receipt of a petition

from MTA for a waiver of compliance

from the May 8, 2000 date specified in

49 CFR 238.203(d)(2) for cessation of the

temporary usage of non-compliant

railroad passenger equipment that is the

subject of a grandfathering petition filed

with FRA, absent FRA approval of the

petition by that date. This waiver

petition proceeding is identified as

Docket No. FRA–2000–7286. On

November 5, 1999, MTA had filed a

grandfathering petition with FRA in

which it requested approval to continue

using its light rail vehicles on the

Central Light Rail Line, which do not

meet the static end strength

requirements contained in 49 CFR

238.203(a)(1). (This grandfathering

petition proceeding is identified as

Docket No. FRA–2000–7054; see 65 FR

14336; Mar. 16, 2000.)

MTA states that extending the May 8,

2000 date is consistent with the public

interest on the basis that the equipment

that is the subject of the grandfathering

petition is currently in use in an

operation that guarantees the temporal

separation of passenger service from

limited freight service that operates on

the same line, and because cessation of

use of the equipment would cause

enormous disruption in the Baltimore

area due to the heavy and increasing

reliance by the public on the light rail

service.

Interested parties are invited to

participate in this proceeding (Docket

No. FRA–2000–7286) by submitting

written views, data, or comments. FRA

announces that, in accordance with 49

CFR 211.25, it will hold a public

hearing on Docket No. FRA–2000–7286

concerning MTA’s request to extend the

May 8, 2000 date specified in 49 CFR

238.203(d) to a date 30 days after FRA

acts finally on MTA’s grandfather

petition. A public hearing is hereby set

for 9:00 a.m. on Wednesday, May 3,

2000, at the Federal Railroad

Administration, 7th floor, conference

room 2, 1120 Vermont Ave., NW,

Washington, DC 20590. Interested

parties are invited to present oral

statements at the hearing. The hearing

will be an informal one and will be

conducted in accordance with FRA’s

Rules of Practice (49 CFR 211.25) by a

representative designated by FRA. The

hearing will be a non-adversarial

proceeding; therefore, there will be no

cross-examination of persons presenting

statements. The FRA representative will

make an opening statement outlining

the scope of the hearing. After all initial

statements have been completed, those

persons wishing to make a brief rebuttal

will be given the opportunity to do so

in the same order in which initial

statements were made. Additional

procedures, as necessary for the conduct

of the hearing, will be announced at the

hearing.

Written comments should identify

Docket No. FRA–2000–7286 and must

be submitted to the Docket Clerk, DOT

Management Facility, Room PL–401

(Plaza Level), 400 7th Street, SW,

Washington, DC 20590.

Communications received by May 3,

2000 will be considered by FRA before

final action is taken. Comments received

after that date will be considered as far

as practicable. All written

communications concerning this

proceeding are available for

examination during regular business

hours (9 a.m.–5 p.m.) at the above

facility. All documents in the public

docket are also available for inspection

and copying on the Internet at the

docket facility’s web site at http://

dms.dot.gov.

FRA makes clear that the hearing

scheduled for May 3, 2000 is not a

hearing on the merits of MTA’s

grandfathering petition, identified as

Docket No. FRA–2000–7054.

San Diego Trolley, Inc.

[Docket No. FRA–2000–7274]

FRA announces the receipt of a

petition from SDTI for a waiver of

compliance from the May 8, 2000 date

specified in 49 CFR 238.203(d)(2) for

cessation of the temporary usage of noncompliant railroad passenger equipment

that is the subject of a grandfathering

petition filed with FRA, absent FRA

approval of the petition by that date.

SDTI’s petition also seeks a waiver of

compliance from the November 8, 1999

date specified in 49 CFR 238.203(d)(2)

before which a grandfathering petition

is required to be filed with FRA. This

waiver petition proceeding is identified

as Docket No. FRA–2000–7274.

On March 22, 2000, SDTI filed a

grandfathering petition with FRA in

which it requested approval to continue

using its light rail vehicles which do not

meet the static end strength

requirements contained in 49 CFR

238.203(a)(1). This grandfathering

petition proceeding is identified as

Docket No. FRA–2000–7137, and FRA is

separately publishing notice in the

Federal Register of the receipt of this

grandfathering petition in accordance

with 49 CFR 238.203(f).

SDTI believes that its waiver requests

in Docket No. FRA–2000–7274 are in

the public interest and consistent with

railroad safety, citing the temporal

separation of the SDTI’s light rail transit

operations from freight rail operations

on the SDTI system, and existence of an

approved system safety program. SDTI

believes that allowing the continued

operation of its light rail vehicles on its

system past the May 8, 2000 date will

not jeopardize rail safety.

Interested parties are invited to

participate in this proceeding (Docket

No. FRA–2000–7274) by submitting

written views, data, or comments. FRA

announces that, in accordance with 49

CFR 211.25, it will hold a public

hearing on Docket No. FRA–2000–7274

concerning SDTI’s request to extend the

May 8, 2000 date specified in 49 CFR

238.203(d) to a date 30 days after FRA

acts finally on SDTI’s grandfathering

petition, as well as on SDTI’s request to

waive compliance with the date by

which a grandfathering petition is

required to be filed with FRA. A public

Federal Register / Vol. 65, No. 83 / Friday, April 28, 2000 / Notices 25023

hearing is hereby set for 9:00 a.m. on

Wednesday, May 3, 2000, at the Federal

Railroad Administration, 7th floor,

conference room 2, 1120 Vermont Ave.,

NW, Washington, DC 20590. Interested

parties are invited to present oral

statements at the hearing. The hearing

will be an informal one and will be

conducted in accordance with FRA’s

Rules of Practice (49 CFR 211.25) by a

representative designated by FRA. The

hearing will be a non-adversarial

proceeding; therefore, there will be no

cross-examination of persons presenting

statements. The FRA representative will

make an opening statement outlining

the scope of the hearing. After all initial

statements have been completed, those

persons wishing to make a brief rebuttal

will be given the opportunity to do so

in the same order in which initial

statements were made. Additional

procedures, as necessary for the conduct

of the hearing, will be announced at the

hearing.

Written comments should identify

Docket No. FRA–2000–7274 and must

be submitted to the Docket Clerk, DOT

Management Facility, Room PL–401

(Plaza Level), 400 7th Street, SW,

Washington, DC 20590.

Communications received by May 3,

2000, will be considered by FRA before

final action is taken. Comments received

after that date will be considered as far

as practicable. All written

communications concerning this

proceeding are available for

examination during regular business

hours (9:00 a.m.–5:00 p.m.) at the above

facility. All documents in the public

docket are also available for inspection

and copying on the Internet at the

docket facility’s web site at http://

dms.dot.gov.

FRA makes clear that the hearing

scheduled for May 3, 2000 is not a

hearing on the merits of SDTI’s

grandfathering petition, identified as

Docket No. FRA–2000–7137.

Issued in Washington, DC, on April 25,

2000.

S. Mark Lindsey,

Acting Deputy Administrator, Federal

Railroad Administration.

[FR Doc. 00–10706 Filed 4–27–00; 8:45 am]

BILLING CODE 4910–06–P

DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket No. FRA–2000–7137]

Petition for Grandfathering of NonCompliant Equipment; San Diego

Trolley, Inc.

In accordance with 49 CFR 238.203(f),

notice is hereby given that San Diego

Trolley, Inc. (SDTI) has petitioned the

Federal Railroad Administration (FRA)

for grandfathering of non-compliant

railroad passenger equipment for use on

SDTI’s light rail transit system.

Section 238.203 of title 49 of the Code

of Federal Regulations addresses static

end strength requirements for passenger

rail equipment. Paragraph (a)(1)

provides that all passenger equipment

(subject to limited exceptions) shall

resist a minimum static end load of

800,000 pounds applied on the line of

draft without permanent deformation of

the body structure. Paragraph (d)(2)

provides that ‘‘[a]ny passenger

equipment placed in service on a rail

line or lines before November 8, 1999

that does not comply with the

requirements of paragraph (a)(1) may

continue to be operated on that

particular line or (those particular lines)

if the operator of the equipment files a

petition seeking grandfathering approval

under paragraph (d)(3) before November

8, 1999. Such usage may continue while

the petition is being processed, but in

no event later than May 8, 2000, unless

the petition is approved.’’

SDTI requests that all conventional

light rail vehicles operating on the Blue

Line and Orange Line be grandfathered

to permit usage pursuant to 49 CFR

238.203(d). The applicant states that the

Blue Line operates in the cities of San

Diego, National City, Chula Vista, and

an unincorporated area of San Diego

County and extends for 25.2 miles. The

Orange Line operates through the City of

San Diego, Lemon Grove, La Mesa, El

Cajon and Santee and extends for 21.6

miles.

Interested parties are invited to

participate in this proceeding by

submitting written views, data or

comments. FRA does not anticipate

scheduling a public hearing in

connection with this proceeding,

however, if any interested party desires

an opportunity for oral comment, they

should notify FRA, in writing, before

the end of the comment period and

specify the basis for their request.

All communications concerning this

proceeding should be identified with

Docket Number FRA–2000–7137 and

must be submitted to the Docket Clerk,

DOT Central Docket Management

Facility, Room PL–401, 400 Seventh

Street, SW, Washington, DC 20590–

0001. Communications received within

30 days of publication of this notice will

be considered by FRA before final

action is taken. Comments received after

that date will be considered to the

extent possible. SDTI’s petition and all

written communications concerning this

proceeding are available for

examination during regular business

hours (9:00 a.m. to 5:00 p.m.) at the

DOT Central Docket Management

Facility, Room PL–401 (Plaza Level),

400 Seventh, SW, Washington, DC

20590–0001. All documents in the

public docket are also available for

inspection and copying on the Internet

at the docket facility’s Web site at

http://dms.dot.gov.

Elsewhere in today’s Federal Register,

FRA is publishing notice of the receipt

of a petition from SDTI for a waiver of

compliance from the May 8, 2000 date

specified in 49 CFR 238.203(d)(2) for

cessation of the temporary usage of noncompliant railroad passenger equipment

that is the subject of a grandfathering

petition filed with FRA, absent FRA

approval of the petition by that date.

SDTI’s petition also seeks a waiver of

compliance from the date by which a

grandfathering petition is required to be

filed with FRA. This waiver petition

proceeding is identified as Docket No.

FRA–2000–7274. FRA will hold a

public hearing on Docket No. FRA–

2000–7274 on May 3, 2000, as detailed

in the separate Federal Register notice.

Issued in Washington, DC on April 25,

2000.

S. Mark Lindsey,

Acting Deputy Administrator, Federal

Railroad Administration.

[FR Doc. 00–10705 Filed 4–27–00; 8:45 am]

BILLING CODE 4910–06–P

DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety

Administration

Denial of Motor Vehicle Defect Petition,

DP00–002

AGENCY: National Highway Traffic

Safety Administration (NHTSA),

Department of Transportation.

ACTION: Denial of petition for a defect

investigation.

SUMMARY: This notice sets forth the

reasons for the denial of a petition

submitted to NHTSA under 49 U.S.C.

30162, requesting that the agency

commence a proceeding to determine

the existence of a defect related to motor