Federal Register / Vol. 77, No. 8 / Thursday, January 12, 2012 / Notices 1975 

1UP notes a milepost equation of 402.78 = 402.59 

in Hughes County, which makes the line 0.19 miles 

longer than the terminal mileposts would otherwise 

indicate. 

of future product nameplates, the 

beginning model year for which the 

petition is granted and a general 

description of the antitheft device is 

necessary in order to notify law 

enforcement agencies of new vehicle 

lines exempted from the parts-marking 

requirements of the Theft Prevention 

Standard. 

If FUSA decides not to use the 

exemption for this line, it must formally 

notify the agency, and thereafter, the 

line must be fully marked as required by 

49 CFR 541.5 and 541.6 (marking of 

major component parts and replacement 

parts). 

NHTSA notes that if FUSA wishes in 

the future to modify the device on 

which this exemption is based, the 

company may have to submit a petition 

to modify the exemption. 

Part 543.7(d) states that a Part 543 

exemption applies only to vehicles that 

belong to a line exempted under this 

part and equipped with the anti-theft 

device on which the line’s exemption is 

based. Further, § 543.9(c)(2) provides for 

the submission of petitions ‘‘to modify 

an exemption to permit the use of an 

antitheft device similar to but differing 

from the one specified in that 

exemption.’’ 

The agency wishes to minimize the 

administrative burden that Part 

543.9(c)(2) could place on exempted 

vehicle manufacturers and itself. The 

agency did not intend Part 543 to 

require the submission of a modification 

petition for every change to the 

components or design of an antitheft 

device. The significance of many such 

changes could be de minimis. Therefore, 

NHTSA suggests that if the 

manufacturer contemplates making any 

changes the effects of which might be 

characterized as de minimis, it should 

consult the agency before preparing and 

submitting a petition to modify. 

Authority: 49 U.S.C. 33106; delegation of 

authority at 49 CFR 1.50. 

Issued on: January 6, 2012. 

Christopher J. Bonanti, 

Associate Administrator for Rulemaking. 

[FR Doc. 2012–454 Filed 1–11–12; 8:45 am] 

BILLING CODE 4910–59–P 

DEPARTMENT OF TRANSPORTATION 

Pipeline and Hazardous Materials 

Safety Administration 

[Docket No. PHMSA–2011–0328; Notice No. 

11–15] 

Safety Advisory: Unauthorized Marking 

of Compressed Gas Cylinders 

AGENCY: Pipeline and Hazardous 

Materials Safety Administration 

(PHMSA), DOT. 

ACTION: Safety Advisory Notice. 

SUMMARY: This is to notify the public 

that PHMSA has confirmed that Spears 

Fire & Safety, 287 Jackson Plaza, Ann 

Arbor, MI improperly requalified and 

marked high pressure compressed gas 

cylinders. During a recent investigation, 

PHMSA determined that between 

November 2008 and October 2011, 

Spears Fire & Safety requalified and 

marked with a Requalifier Identification 

Number (RIN) ‘‘B037’’ approximately 

7,740 DOT specification cylinders after 

its authority to requalifiy high pressure 

cylinders expired on October 31, 2008. 

Additionally the investigation revealed 

that during this period, Spears Fire & 

Safety (1) failed to condemn cylinders 

with a permanent expansion greater 

than 10% of total expansion, (2) on 

multiple occasions did not maintain the 

minimum test pressure for the required 

time and (3) improperly repeated 

pressure tests on cylinders required to 

be condemned. Cylinders that have not 

been properly requalified and marked in 

accordance with the HMR may not be 

filled with compressed gas or other 

hazardous material. 

FOR FURTHER INFORMATION CONTACT: 

Spears Fire & Safety, Mr. Robert Pate, 

Manager, 287 Jackson Plaza, Ann Arbor, 

MI, Telephone (734) 633–4133. 

SUPPLEMENTARY INFORMATION: PHMSA 

has recently confirmed that Spears Fire 

& Safety continued to requalify and 

mark high pressure cylinders after their 

authority to requalify cylinders had 

expired. Spears Fire & Safety’s authority 

to requalify cylinders expired on 

October 31, 2008 and failed to seek 

renewal of its authority from the 

Associate Administrator. However, 

Spears Fire & Safety continued to 

requalify cylinders for a period of time 

up to and including October 14, 2011. 

The investigation also revealed that 

Spears Fire & Safety (1) failed to 

condemn cylinders with a permanent 

expansion greater than 10% of total 

expansion (2) on multiple occasions, 

did not maintain test pressure for the 

required time period, and (3) performed 

multiple repeat pressure tests on a 

cylinder with a permanent expansion 

greater than 10% of total expansion. 

Because Spears Fire & Safety improperly 

pressure tested and marked high 

pressure cylinders that were required to 

be condemned, PHMSA questions the 

condition of all of the cylinders 

requalified, marked and returned to 

service by Spears Fire & Safety between 

November 2008 and October 2011 

(approximately 7,740 cylinders). The 

cylinders in question were marked with 

Spears Fire & Safety’s RIN ‘‘B037’’. The 

markings appear in the following 

pattern: 

B0 

M Y 

73 

Where B037 is Spears Fire & Safety’s 

RIN, M is the month of the retest (e.g. 

10) and Y is the year of the retest (e.g. 

11). Anyone who identifies a cylinder 

marked with the RIN ‘‘B037’’ and a test 

date after October 2008, are advised to 

remove these cylinders from service and 

contact Spears Fire & Safety, Ann Arbor, 

MI for further instructions. 

Issued in Washington, DC, on December 

29, 2011. 

Magdy El-Sibaie, 

Associate Administrator for Hazardous 

Materials Safety. 

[FR Doc. 2012–394 Filed 1–11–12; 8:45 am] 

BILLING CODE 4910–60–P 

DEPARTMENT OF TRANSPORTATION 

Surface Transportation Board 

[Docket No. AB 33 (Sub-No. 299X)] 

Union Pacific Railroad Company— 

Discontinuance of Service 

Exemption—in Pittsburg, Hughes, and 

Seminole Counties, OK 

Union Pacific Railroad Company (UP) 

has filed a verified notice of exemption 

under 49 CFR pt. 1152 subpart F– 

Exempt Abandonments and 

Discontinuances of Service to 

discontinue service over a portion of a 

line of railroad known as the Shawnee 

Branch Line, between milepost 428.00, 

near Seminole, and milepost 370.5, near 

McAlester, a distance of 57.69 miles,1 in 

Pittsburg, Hughes, and Seminole 

Counties, Okla. (the line). The line 

traverses United States Postal Service 

Zip Codes 74501, 74570, 74531, 74848, 

74884, and 74868. 

UP has certified that: (1) No local 

traffic has moved over the line for at 

least 2 years; (2) there is no overhead 

traffic on the line; and (3) no formal 


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