76182 Federal Register / Vol. 89, No. 180 / Tuesday, September 17, 2024 / Notices 

approved title in the OMB inventory as Brake 

System Standards for Freight and Other NonPassenger Trains and Equipment. 

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. 

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 

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 

AGENCY: Maritime Administration, DOT 

ACTION: Notice. 

SUMMARY: The Maritime Administration 

(MARAD) invites public comments on 

our intention to request the Office of 

Management and Budget (OMB) 

approval to renew an information 

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. 


ddrumheller on DSK120RN23PROD with NOTICES1
Federal Register / Vol. 89, No. 180 / Tuesday, September 17, 2024 / Notices 76183 

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 

AGENCY: National Highway Traffic 

Safety Administration (NHTSA or the 

Agency), Department of Transportation 

(DOT). 

ACTION: Denial of petition. 

SUMMARY: 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: 

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 

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 

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 


ddrumheller on DSK120RN23PROD with NOTICES1