21234 Federal Register / Vol. 60, No. 83 / Monday, May 1, 1995 / Notices

the Final Rule, FRA expressed its goal

of assuring workers’ safety.’’ APL states

that ‘‘the combination of very low

speed, a movement dampening surface,

and derails in close proximity to cars

that are standing still will limit travel to

not more than 5 feet after derailment

which is well within FRA’s goal to:

assure that rolling equipment will not

travel more than 50 feet after

derailment.’’

APL states that ‘‘the waiver sought by

APL will allow construction a modern

and efficient rail yard as part of an

intermodal facility at the Port of Seattle.

By operating with a reduced distance for

blue lights and derail devices, APL will

be able to fit the yard to the property

available. This project will substantially

increase the amount of rail business at

the Port and in the region. Shorter train

movements in the yard will also reduce

air emissions in the Port, thereby

reducing harm to the environment.’’

Issued in Washington, D.C. on April 25,

1995.

Phil Olekszyk,

Deputy Associate Administrator for Safety

Compliance and Program Implementation.

[FR Doc. 95–10580 Filed 4–28–95; 8:45 am]

BILLING CODE 4910–06–P

Petition for Exemption or Waiver of

Compliance

In accordance with title 49 CFR

sections 211.9 and 211.41, notice is

hereby given that the Federal Railroad

Administration (FRA) has received from

the Port Authority Trans-Hudson

Corporation (PATH) requests for

waivers of compliance with

requirements of Federal rail safety

standards. The petitions are described

below, including the regulatory

provisions involved and the nature of

the relief being requested.

Interested parties are invited to

participate in these proceedings by

submitting written views, data, or

comments. FRA does not anticipate

scheduling a public hearing in

connection with these proceedings since

the facts do not appear to warrant a

hearing. 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 these

proceedings should identify the

appropriate docket number (e.g., Waiver

Petition Docket Number LI–94–1) and

must be submitted in triplicate to the

Docket Clerk, Office of Chief Counsel,

FRA, Nassif Building, 400 Seventh

Street SW., Washington, D.C. 20590.

Communications received within 45

days of the date of publication of this

notice 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 these

proceedings are available for

examination during regular business

hours (9:00 a.m.–5:00 p.m.) in Room

8201, Nassif Building, 400 Seventh

Street SW., Washington, D.C. 20590.

Port Authority Trans-Hudson

Corporation [Waiver Petition Docket

Number LI–94–1]

The Port Authority Trans-Hudson

Corporation (PATH) seeks a permanent

exemption from the requirement of

installing and maintaining event

recorders on each of its multiple unit

(MU) electric cars, as required by Title

49 CFR Part 229. Section 229.135

requires that all trains operating over 30

mph be equipped with event recorders

by May 5, 1995.

PATH operates a 13.8 mile rapid

transit system between New Jersey and

New York. Approximately one-half of

the trackage is below ground level. Over

1,248 train movements per day carry

approximately 199,000 passengers five

days per week. Four major terminals

and nine intermediate stations serve the

closed system. Of PATH’s total fleet of

342 cars, 260 would require event

recorders. PATH has 10 different speed

limits ranging from 8 to 55 mph with

average speed over the system being

approximately 20 mph.

In FRA Docket LI–81–9, the

requirements of Title 49 CFR 229.117

were waived as they pertain to PATH.

That section required that all

locomotives operating over 20 mph

must be equipped with a speed

indicator. The requirement that each

lead locomotive be equipped with a

pilot, snow plow or end plate was also

waived.

The petitioner cites that since they are

excluded from the speed indicator

requirements, then they likewise should

be excluded from the event recorder

requirements since speed is the most

important of the recorded functions.

Port Authority Trans-Hudson

Corporation [Waiver Petition Docket

Number PB–94–2]

The Port Authority Trans-Hudson

Corporation (PATH) seeks a permanent

waiver of compliance with certain

provisions of the Railroad Power Brake

and Drawbars Regulation, Title 49 CFR

Part 232. PATH is requesting an

exemption from the requirement of

conducting a rear car application and

release test of the air brakes at stub end

or intermediate terminals when

changing operating ends on rapid transit

passenger trains. Title 49 CFR Section

232.13(c)(1) states:

At a point other than an initial terminal

where a locomotive or caboose is changed, or

where one or more consecutive cars are cut

off from the rear end or head end of a train

with the consist otherwise remaining intact,

after the train brake system is charged to

within 15 pounds of the feed valve setting on

the locomotive, but not less than 60 pounds

as indicated at the rear of a freight train and

70 pounds on a passenger train, a 20-pound

brake pipe reduction must be made and it

must be determined that the brakes on the

rear car apply and release. As an alternative

to the rear car brake application and release

test, it shall be determined that brake pipe

pressure of the train is being reduced as

indicated by a rear car gauge or device and

then that brake pipe pressure of the train is

being restored as indicated by a rear car

gauge or device.

PATH’s MU electric cars utilize a

dynamic brake through the propulsion

system, an electropneumatic tread brake

actuated at each wheel and a hand

operated parking brake. During service

braking the dynamic brake is fully

effective down to 10 mph after which

the friction brake is used to stop the car.

An emergency brake application

provides maximum braking effort by the

electropneumatic system with the

dynamic nullified.

PATH’s present operation requires the

FRA mandated initial terminal train air

brake test when a train is first put in

service or the consist is changed. At

stub end or intermediate terminals

where the engineer changes operating

ends, no operation is performed that

would interrupt the air lines. PATH

states that should a failure occur that

interrupted the flow of air on the train,

the engineer, on changing ends and

charging his train, would not get proper

brake pipe pressure nor engineer’s

indication in his operating cab. This

lack of indication advises the engineer

that something is wrong and procedures

are implemented to determine the

source of the problem. PATH believes

this indication circuit provides adequate

and reliable protection in the event of a

trainline failure, and performing a stub

end or intermediate terminal air brake

test is unnecessary. PATH estimates that

compliance with Section 232.13(c)(1)

would require 21 additional cars, 6

additional engineers and 6 additional

conductors to maintain the present level

of service due to the increased time

required for the test.
Federal Register / Vol. 60, No. 83 / Monday, May 1, 1995 / Notices 21235

Issued in Washington, D.C. on April 25,

1995.

Phil Olekszyk,

Deputy Associate Administrator for Safety

Compliance and Program Implementation.

[FR Doc. 95–10599 Filed 4–28–95; 8:45 am]

BILLING CODE 4910–06–P

National Highway Traffic Safety

Administration

[Docket No. 95–27; Notice 1]

Notice of Receipt of Petition for

Decision That Nonconforming 1994

Volvo 945 GL Wagon Passenger Cars

Are Eligible for Importation

AGENCY: National Highway Traffic

Safety Administration, DOT.

ACTION: Notice of receipt of petition for

decision that nonconforming 1994

Volvo 945 GL Wagon passenger cars are

eligible for importation.

SUMMARY: This notice announces receipt

by the National Highway Traffic Safety

Administration (NHTSA) of a petition

for a decision that a 1994 Volvo 945 GL

Wagon that was not originally

manufactured to comply with all

applicable Federal motor vehicle safety

standards is eligible for importation into

the United States because (1) it is

substantially similar to a vehicle that

was originally manufactured for

importation into and sale in the United

States and that was certified by its

manufacturer as complying with the

safety standards, and (2) it is capable of

being readily altered to conform to the

standards.

DATES: The closing date for comments

on the petition is May 31, 1995.

ADDRESSES: Comments should refer to

the docket number and notice number,

and be submitted to: Docket Section,

Room 5109, National Highway Traffic

Safety Administration, 400 Seventh St.,

SW, Washington, DC 20590. (Docket

hours are from 9:30 am to 4 pm)

FOR FURTHER INFORMATION CONTACT:

George Entwistle, Office of Vehicle

Safety Compliance, NHTSA (202–366–

5306).

SUPPLEMENTARY INFORMATION:

Background

Under 49 U.S.C. 30141(a)(1)(A)

(formerly section 108(c)(3)(A)(i)(I) of the

National Traffic and Motor Vehicle

Safety Act (the Act)), a motor vehicle

that was not originally manufactured to

conform to all applicable Federal motor

vehicle safety standards shall be refused

admission into the United States unless

NHTSA has decided that the motor

vehicle is substantially similar to a

motor vehicle originally manufactured

for importation into and sale in the

United States, certified under 49 U.S.C.

30115 (formerly section 114 of the Act),

and of the same model year as the

model of the motor vehicle to be

compared, and is capable of being

readily altered to conform to all

applicable Federal motor vehicle safety

standards.

Petitions for eligibility decisions may

be submitted by either manufacturers or

importers who have registered with

NHTSA pursuant to 49 CFR part 592. As

specified in 49 CFR 593.7, NHTSA

publishes notice in the Federal Register

of each petition that it receives, and

affords interested persons an

opportunity to comment on the petition.

At the close of the comment period,

NHTSA decides, on the basis of the

petition and any comments that it has

received, whether the vehicle is eligible

for importation. The agency then

publishes this decision in the Federal

Register.

Champagne Imports, Inc. of Lansdale,

Pennsylvania (Registered Importer No.

R–90–009) has petitioned NHTSA to

decide whether 1994 Volvo 945 GL

Wagon passenger cars are eligible for

importation into the United States. The

vehicle which Champagne believes is

substantially similar is the 1994 Volvo

940 GL Wagon. Champagne has

submitted information indicating that

the 1994 Volvo 940 GL Wagon was

certified as conforming to all applicable

Federal motor vehicle safety standards

and offered for sale in the United States.

The petitioner contends that it

carefully compared the 945 GL Wagon

to the 940 GL Wagon, and found the two

models to be substantially similar with

respect to compliance with most

applicable Federal motor vehicle safety

standards.

Champagne submitted information

with its petition intended to

demonstrate that the 1994 Volvo 945 GL

Wagon, as originally manufactured,

conforms to many Federal motor vehicle

safety standards in the same manner as

the 1994 Volvo 940 GL Wagon that was

offered for sale in the United States, or

is capable of being readily altered to

conform to those standards.

Specifically, the petitioner claims that

the 1994 Volvo 945 GL Wagon is

identical to the certified 1994 Volvo 940

GL Wagon with respect to compliance

with Standard Nos. 102 Transmission

Shift Lever Sequence * * *, 103

Defrosting and Defogging Systems, 104

Windshield Wiping and Washing

Systems, 105 Hydraulic Brake Systems,

106 Brake Hoses, 107 Reflecting

Surfaces, 109 New Pneumatic Tires, 113

Hood Latch Systems, 116 Brake Fluid,

124 Accelerator Control Systems, 201

Occupant Protection in Interior Impact,

202 Head Restraints, 204 Steering

Control Rearward Displacement, 205

Glazing Materials, 206 Door Locks and

Door Retention Components, 207

Seating Systems, 209 Seat Belt

Assemblies, 210 Seat Belt Assembly

Anchorages, 211 Wheel Nuts, Wheel

Discs and Hubcaps, 212 Windshield

Retention, 216 Roof Crush Resistance,

219 Windshield Zone Intrusion, and 302

Flammability of Interior Materials.

Additionally, the petitioner states that

the 1994 Volvo 945 GL Wagon complies

with the Bumper Standard found in 49

CFR Part 581.

Petitioner also contends that the

vehicle is capable of being readily

altered to meet the following standards,

in the manner indicated:

Standard No. 101 Controls and

Displays: (a) Substitution of a lens

marked ‘‘Brake’’ for a lens with an ECE

symbol on the brake failure indicator

lamp; (b) installation of a seat belt

warning lamp; (c) recalibration of the

speedometer/odometer from kilometers

to miles per hour.

Standard No. 108 Lamps, Reflective

Devices and Associated Equipment: (a)

Installation of U.S.-model headlamp

assemblies which incorporate sealed

beam headlamps; (b) installation of

U.S.-model front and rear sidemarker/

reflector assemblies; (c) installation of

U.S.- model taillamp assemblies; (d)

installation of a high mounted stop

lamp.

Standard No. 110 Tire Selection and

Rims: Installation of a tire information

placard.

Standard No. 111 Rearview Mirrors:

Replacement of the passenger side rear

view mirror, which is convex, but lacks

the required warning statement.

Standard No. 114 Theft Protection:

Installation of a buzzer microswitch in

the steering lock assembly, and a

warning buzzer.

Standard No. 115 Vehicle

Identification Number: Installation of a

VIN plate that can be read from outside

the left windshield pillar, and a VIN

reference label on the edge of the door

or latch post nearest the driver.

Standard No. 118 Power Window

Systems: Rewiring of the power window

system so that the window transport is

inoperative when the ignition is

switched off.

Standard No. 208 Occupant Crash

Protection: (a) Installation of a U.S.-

model seat belt in the driver’s position,

or a belt webbing-actuated microswitch

inside the driver’s seat belt retractor; (b)

installation of an ignition switchactuated seat belt warning lamp and

buzzer; (c) installation of a U.S.-model