77580 Federal Register / Vol. 89, No. 184 / Monday, September 23, 2024 / Notices 

1 Infrastructure Investment and Jobs Act, Public 

Law 117–58, 135 Stat. 429 (Nov. 15, 2021). 

2 I.e., host railroads subject to Title 49 United 

States Code (U.S.C.) 20157. 

3Title 49 Code of Federal Regulations (CFR) part 

236, subpart I. 4OMB Control No. 2130–0553. The Quarterly 

Report of PTC System Performance (Form FRA F 

6180.152) is available in FRA’s eLibrary at https:// 

railroads.dot.gov/elibrary/quarterly-report-ptcsystem-performance-form-fra-f-6180152. 

5 49 U.S.C. 20157(m). 

6 49 U.S.C. 20157(m)(2)(A)–(C); 49 CFR 

236.1029(h)(1)(i)–(iii). 

7 49 U.S.C. 20157(m)(2)(E); 49 CFR 

236.1029(h)(1)(v). 

5. The Intellistop module type and/or 

subtype(s) involved in the crash or 

incident. 

6. Information, if any, indicating that 

the Intellistop module is, or was, not 

working as intended, or caused 

confusion or a roadway hazard for either 

the consumer or other motorists. 

Annual data. At the end of each 12- 

month period this exemption is in 

effect, the Applicant shall, within 60 

days, submit a report detailing all 

information in its possession regarding 

crash rates and vehicle miles traveled by 

CMVs equipped with a module covered 

by this exemption. Additionally, the 

report shall specify the number and type 

of CMVs the Applicant is operating 

under the exemption, the module type 

or sub-type installed on each CMV, the 

affected lamps (rear clearance, 

identification, and/or brake lamps), the 

number of covered vehicles sold or 

transferred in ownership during the 12- 

month reporting period, and a statement 

certifying that any sold/transferred 

vehicle(s) have been restored to 

compliance with applicable FMVSSs 

and FMCSRs. 

Meetings. The Applicant shall, at 

FMCSA’s request, meet with FMCSA to 

answer questions regarding data and 

information provided by the Applicant 

under this exemption. 

(v). Early Termination. The 

exemption is valid for 5 years from the 

date of issuance unless rescinded earlier 

by FMCSA. FMCSA will terminate the 

exemption if: (1) the Applicant fails to 

comply with the terms and conditions; 

(2) the exemption results in a lower 

level of safety than was maintained 

before it was granted; or (3) 

continuation of the exemption would 

not be consistent with the goals and 

objectives of 49 U.S.C. 31136(e) and 

31315(b). 

(vi). Notification from the Public. 

Interested parties possessing 

information that would demonstrate 

that Encore’s CMVs equipped with 

Intellistop’s pulsating rear-light module 

may not be achieving the requisite 

statutory level of safety should 

immediately notify FMCSA. The 

Agency will evaluate any such 

information and, if safety is being 

compromised or if the continuation of 

the exemption is not consistent with 49 

U.S.C. 31136(e) and 31315(b), will take 

immediate steps to revoke the 

exemption. 

(vii). Non-Endorsement. This limited 

and conditional exemption does not 

constitute an endorsement of the 

Intellistop product by FMCSA, NHTSA, 

the U.S. DOT, or any of their 

components, or by any of these 

agencies’ employees or agents. As a 

condition of the continued effectiveness 

of this exemption, Intellistop is 

expressly prohibited from describing its 

product as approved by, endorsed by, or 

otherwise authorized by FMCSA, 

NHTSA, or U.S. DOT, or as compliant 

with Federal safety regulations. 

VII. Preemption 

In accordance with 49 U.S.C. 

31315(d), as implemented by 49 CFR 

381.600, during the period this 

exemption is in effect, no State shall 

enforce any law or regulation applicable 

to interstate commerce that conflicts 

with or is inconsistent with this 

exemption. States may, but are not 

required to, adopt the same exemption 

with respect to operations in intrastate 

commerce. 

Vincent G. White, 

Deputy Administrator. 

[FR Doc. 2024–21681 Filed 9–20–24; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF TRANSPORTATION 

Federal Railroad Administration 

Quarterly Reports of Positive Train 

Control System Performance 

AGENCY: Federal Railroad 

Administration (FRA), Department of 

Transportation (DOT). 

ACTION: Notice. 

SUMMARY: The purpose of this notice is 

to inform the public that FRA has 

determined it is in the public interest 

for railroads to continue submitting 

reports of their positive train control 

(PTC) systems’ performance to FRA on 

a quarterly basis as the Infrastructure 

Investment and Jobs Act currently 

requires, and as the Office of 

Management and Budget (OMB) has 

approved through March 31, 2027. 

FOR FURTHER INFORMATION CONTACT: 

Gabe Neal, Staff Director, Signal, Train 

Control, and Crossings Division, 

telephone: 816–516–7168, email: 

Gabe.Neal@dot.gov. 

SUPPLEMENTARY INFORMATION: On 

November 15, 2021, President Joseph R. 

Biden signed into law the Infrastructure 

Investment and Jobs Act, which 

included the Passenger Rail Expansion 

and Rail Safety Act of 2021.1 Section 

22414 of the Passenger Rail Expansion 

and Rail Safety Act of 2021 requires 

PTC-mandated host railroads 2 and other 

railroads subject to FRA’s PTC 

regulations 3 to submit Reports of PTC 

System Performance on Form FRA F 

6180.152 4 to FRA on a quarterly basis, 

instead of biannually as otherwise 

required by FRA’s regulations at 49 CFR 

236.1029(h).5

Section 22414 of the Passenger Rail 

Expansion and Rail Safety Act of 2021 

requires FRA, by November 15, 2024, to 

reduce the frequency with which host 

railroads must submit Reports of PTC 

System Performance (Form FRA F 

6180.152) to not less frequently than 

twice per year, unless FRA determines 

that quarterly reporting is in the public 

interest and publishes a justification for 

such determination in the Federal 

Register. 49 U.S.C. 20157(m)(3)(B); 49 

CFR 1.89. FRA has determined that it is 

in the public interest for host railroads 

to continue submitting Reports of PTC 

System Performance (Form FRA F 

6180.152) to FRA on a quarterly basis, 

rather than reverting to a lesser or 

biannual frequency, and the purpose of 

this notice is to provide the necessary 

justification under Section 22414. See 

49 U.S.C. 20157(m)(3)(B). 

As background, 49 U.S.C. 20157(m) 

and 49 CFR 236.1029(h) require each 

applicable host railroad to submit 

certain metrics about PTC system 

performance to FRA on behalf of the 

host railroad itself and each of its 

applicable tenant railroads. The metrics 

include, for example, the number of 

PTC system initialization failures, cut 

outs, and malfunctions during the 

reporting period, with subtotals that 

identify whether the source or cause of 

the initialization failures, cut outs, and 

malfunctions was the onboard 

subsystem, the wayside subsystem, the 

communications subsystem, the back 

office subsystem, or a non-PTC 

component.6

In addition, railroads’ Reports of PTC 

System Performance (Form FRA F 

6180.152) must encompass positive 

performance-related information in 

addition to failure-related information. 

For example, railroads report the 

number of enforcements by the PTC 

system in which it is reasonable to 

assume an accident or incident was 

prevented.7 These statistics enable FRA 

to evaluate PTC technology’s positive 

impact on rail safety and the extent to 


khammond on DSKJM1Z7X2PROD with NOTICES
Federal Register / Vol. 89, No. 184 / Monday, September 23, 2024 / Notices 77581 

8 49 U.S.C. 20157(m)(2)(H); 49 CFR 

236.1029(h)(2). 

1 In an email dated April 9, 2024, Winnebago 

clarified that the front turn signal is affected by the 

subject noncompliance, therefore paragraph 

S7.1.1.6 of FMVSS No. 108 also include the 

requirement relevant to Winnebago’s petition. 

which PTC systems are meeting their 

desired objectives. 

In October 2021, OMB initially 

approved Form FRA F 6180.152 when it 

was a biannual reporting requirement 

under FRA’s regulations, 49 CFR 

236.1029(h), Biannual Report of PTC 

System Performance. In October 2022, 

OMB approved Form FRA F 6180.152, 

as modified by 49 U.S.C. 20157(m), 

simply to shift to a quarterly frequency 

as required. Most recently, in March 

2024, OMB re-approved Form FRA F 

6180.152 for a three-year period through 

March 31, 2027, in its current form, the 

Quarterly Report of PTC System 

Performance. 

FRA has had the benefit of receiving 

railroads’ Reports of PTC System 

Performance (Form FRA F 6180.152) on 

a quarterly basis for the last six quarters. 

FRA has found that the quarterly 

frequency has improved FRA’s ability to 

oversee the performance and reliability 

of PTC systems effectively. For example, 

FRA has been able to monitor more 

closely industry-wide and system-bysystem trends in PTC system reliability, 

without needing to wait six months for 

the next set of performance-related 

statistics. FRA also utilizes the data it 

receives in railroads’ Quarterly Reports 

of PTC System Performance to inform 

and perform other necessary oversight, 

including inspections, targeted audits, 

and program reviews. The quarterly 

frequency enables FRA to direct its 

resources to areas, including specific 

PTC-governed track segments, that show 

the potential for a possible unsafe 

condition or where PTC system failures 

are occurring at a relatively high rate or 

trending upwards. The quarterly 

frequency enables FRA to intervene 

more promptly than it would be able to 

with less frequent reporting. 

Also, railroads’ Quarterly Reports of 

PTC System Performance must contain 

a summary of any actions the host 

railroad and its tenant railroads are 

taking to reduce the frequency and rate 

of initialization failures, cut outs, and 

malfunctions, such as any actions to 

correct or eliminate systemic issues and 

specific problems.8 Requiring railroads 

to provide this data to FRA on a 

quarterly basis, rather than a biannual 

basis, helps ensure that both host 

railroads and tenant railroads are 

regularly taking actions to improve the 

performance of their PTC systems and 

enables FRA to monitor and track 

railroads’ corrective actions regularly 

throughout the year. 

As noted above, OMB has approved 

the Quarterly Report of PTC System 

Performance (Form FRA F 6180.152) 

through March 31, 2027. Before that 

expiration date, FRA will issue the 

requisite 60-day and 30-day notices in 

the Federal Register to solicit public 

comment pursuant to the Paperwork 

Reduction Act. 

Issued in Washington, DC. 

John Karl Alexy, 

Associate Administrator for Railroad Safety, 

Chief Safety Officer. 

[FR Doc. 2024–21654 Filed 9–20–24; 8:45 am] 

BILLING CODE 4910–06–P 

DEPARTMENT OF TRANSPORTATION 

National Highway Traffic Safety 

Administration 

[Docket No. NHTSA–2022–0114; Notice 2] 

Winnebago Industries, Inc., Denial of 

Petition for Decision of 

Inconsequential Noncompliance 

AGENCY: National Highway Traffic 

Safety Administration (NHTSA), 

Department of Transportation (DOT). 

ACTION: Denial of petition. 

SUMMARY: Winnebago Industries, Inc., 

(Winnebago or petitioner), has 

determined that certain model year 

(MY) 2013–2023 Winnebago 

motorhomes do not fully comply with 

Federal Motor Vehicle Safety Standard 

(FMVSS) No. 108, Lamps, Reflective 

Devices, and Associated Equipment. 

Winnebago filed a noncompliance 

report dated November 11, 2022, and 

amended the report on December 2, 

2022, and May 17, 2023. Winnebago 

petitioned NHTSA on December 2, 

2022, and amended the petition on May 

17, 2023, for a decision that the subject 

noncompliance is inconsequential as it 

relates to motor vehicle safety. This 

document announces the denial of 

Winnebago’s petition. 

FOR FURTHER INFORMATION CONTACT: 

Leroy Angeles, Office of Vehicle Safety 

Compliance, NHTSA, (202) 366–5304. 

SUPPLEMENTARY INFORMATION: 

I. Overview: Winnebago determined 

that certain MY 2013–2023 Winnebago 

motorhomes do not fully comply with 

paragraph S6.4.1 and Table IV–a of 

FMVSS No. 108, Lamps, Reflective 

Devices, and Associated Equipment (49 

CFR 571.108). 

Winnebago filed a noncompliance 

report dated November 11, 2022, and 

amended the report on December 2, 

2022, and May 17, 2023, pursuant to 49 

CFR part 573, Defect and 

Noncompliance Responsibility and 

Reports. Winnebago petitioned NHTSA 

on December 2, 2022, and amended its 

petition on May 17, 2023, 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 Winnebago’s 

petition was published with a 30-day 

public comment period, on August 1, 

2023, in the Federal Register (88 FR 

50276). 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–2022– 

0114.’’ 

II. Vehicles Involved: Winnebago 

reported that 13,126 of the following 

motorhomes, manufactured between 

April 5, 2012, and November 4, 2022, 

are potentially involved: 

• 2015–2021 Winnebago Vista 

• 2015–2021 Winnebago Sunstar 

• 2013–2019 Winnebago Horizon 

• 2014–2023 Winnebago Forza 

• 2018–2021 Winnebago Intent 

• 2015–2016 Winnebago Brave 

• 2015–2016 Itasca Tribute 

III. Rule Requirements: Paragraphs 

S6.4.1 and S7.1.1.6 and Table IV–a of 

FMVSS No. 108 include the 

requirements relevant to this petition.1

Each turn signal lamp, stop lamp, highmounted stop lamp, and school bus 

signal lamp must meet the applicable 

effective projected luminous lens area 

requirement specified in Tables IV–a, 

IV–b, and IV–c of FMVSS No. 108. For 

the subject vehicles, the luminous lens 

area of the turn signals shall be no 

smaller than 7,500 square millimeters. 

IV. Noncompliance: Winnebago 

explains that the subject vehicles are 

equipped with front turn signal lamps 

that do not meet the luminous lens area 

requirements specified by S7.1.1.6 and 

Table IV–a of FMVSS No. 108. 

Specifically, the luminous lens area of 

the turn signals equipped in the subject 

vehicles is 6,361 square millimeters, 

thus, 1,139 square millimeters smaller 

than the minimum area required by the 

standard. 

V. Summary of Winnebago’s Petition: 

The following views and arguments 

presented in this section, ‘‘V. Summary 

of Winnebago’s Petition,’’ are the views 


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