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Federal Register / Vol. 71, No.

111 / Friday, June 9, 2006 / Notices 33505

is available on the World Wide Web at the commenter’s interest in the waiver and 2006 do not comply with S4.3(b) of
http://dms.dot.gov. application, and address the waiver 49 CFR 571.110, Federal Motor Vehicle
FOR FURTHER INFORMATION CONTACT: criteria given in § 388.4 of MARAD’s Safety Standard (FMVSS) No. 110, ‘‘Tire
Joann Spittle, U.S. Department of regulations at 46 CFR part 388. selection and rims.’’ Pursuant to 49
Transportation, Maritime DATES: Submit comments on or before U.S.C. 30118(d) and 30120(h),
Administration, MAR–830 Room 7201, July 10, 2006. Volkswagen has petitioned for a
400 Seventh Street, SW., Washington, determination that this noncompliance
ADDRESSES: Comments should refer to
DC 20590. Telephone 202–366–5979. is inconsequential to motor vehicle
docket number MARAD–2006–24995.
SUPPLEMENTARY INFORMATION: As safety and has filed an appropriate
Written comments may be submitted by
described by the applicant the intended report pursuant to 49 CFR Part 573,
hand or by mail to the Docket Clerk,
service of the vessel CONUNDRUM is: ‘‘Defect and Noncompliance Reports.’’
U.S. DOT Dockets, Room PL–401,
Intended Use: ‘‘pleasure charter yacht Notice of receipt of a petition was
Department of Transportation, 400 7th
for hire.’’ published, with a 30-day comment
St., SW., Washington, DC 20590–0001.
Geographic Region: Atlantic Seaboard period, on April 7, 2006, in the Federal
You may also send comments
to Virgin Islands. Register (71 FR 17953). NHTSA
electronically via the Internet at http://
received no comments.
Dated: June 5, 2006. dmses.dot.gov/submit/. All comments Affected are a total of approximately
By order of the Maritime Administrator. will become part of this docket and will 39 Phaeton vehicles produced between
Joel C. Richard, be available for inspection and copying May 22, 2005 and March 8, 2006.
Secretary, Maritime Administration. at the above address between 10 a.m. S4.3(b) of FMVSS No. 110 requires that
and 5 p.m., E.T., Monday through a ‘‘placard, permanently affixed to the
[FR Doc. E6–8987 Filed 6–8–06; 8:45 am]
Friday, except Federal holidays. An glove compartment door or an equally
BILLING CODE 4910–81–P
electronic version of this document and accessible location, shall display the
all documents entered into this docket * * * [d]esignated seating capacity.’’
DEPARTMENT OF TRANSPORTATION is available on the World Wide Web at The noncompliant vehicles have
http://dms.dot.gov. placards stating that the seating capacity
Maritime Administration FOR FURTHER INFORMATION CONTACT: is five when in fact the seating capacity
[Docket Number 2006–24995]
Joann Spittle, U.S. Department of is four. Volkswagen has corrected the
Transportation, Maritime problem that caused these errors so that
Requested Administrative Waiver of Administration, MAR–830 Room 7201, they will not be repeated in future
the Coastwise Trade Laws 400 Seventh Street, SW., Washington, production.
DC 20590. Telephone 202–366–5979. Volkswagen believes that the
AGENCY: Maritime Administration, SUPPLEMENTARY INFORMATION: As noncompliance is inconsequential to
Department of Transportation. described by the applicant the intended motor vehicle safety and that no
ACTION: Invitation for public comments service of the vessel PHOENIX is: corrective action is warranted.
on a requested administrative waiver of Intended Use: ‘‘The primary intended Volkswagen states that consumers will
the Coastwise Trade Laws for the vessel use of the vessel is for marine research. look at the number of seats and safety
PHOENIX. The vessel may also be used for belts to determine the vehicle’s
incidental commercial passenger capacity. Volkswagen explains that
SUMMARY: As authorized by Public Law although the rear seat capacity on the
105–383 and Public Law 107–295, the operations.’’
Geographic Region: The Gulf of placard states three, the vehicles have
Secretary of Transportation, as only two rear seats, and the space that
represented by the Maritime Mexico region, including the states of
Florida, Alabama, Mississippi, would be occupied by a middle-
Administration (MARAD), is authorized occupant position contains a center
to grant waivers of the U.S.-build Louisiana and Texas, with also potential
visits to the U.S. territories, including console.
requirement of the coastwise laws under Volkswagen further states that,
certain circumstances. A request for the Virgin Islands and Puerto Rico.
because the rear seats do not
such a waiver has been received by Dated: June 5, 2006. accommodate three people, the seating
MARAD. The vessel, and a brief By order of the Maritime Administrator. capacity labeling error has no impact on
description of the proposed service, is Joel C. Richard, the vehicle capacity weight,
listed below. The complete application Secretary, Maritime Administration. recommended cold tire inflation
is given in DOT docket 2006–24995 at [FR Doc. E6–8988 Filed 6–8–06; 8:45 am] pressure, or recommended size
http://dms.dot.gov. Interested parties BILLING CODE 4910–81–P
designation information. Also,
may comment on the effect this action Volkswagen says that it is impossible to
may have on U.S. vessel builders or overload the rear seat by relying on the
businesses in the U.S. that use U.S.-flag DEPARTMENT OF TRANSPORTATION incorrect designated seating capacity
vessels. If MARAD determines, in information.
accordance with Public Law 105–383 National Highway Traffic Safety NHTSA agrees with Volkswagen that
and MARAD’s regulations at 46 CFR Administration the noncompliance is inconsequential to
part 388 (68 FR 23084; April 30, 2003), motor vehicle safety. Although the
that the issuance of the waiver will have [Docket No. NHTSA 2006–24323; Notice 2] placard states a rear seat capacity of
an unduly adverse effect on a U.S.- Volkswagen of America Inc., Grant of three, a consumer can easily determine
vessel builder or a business that uses Petition for Decision of the seating capacity by looking at the
U.S.-flag vessels in that business, a Inconsequential Noncompliance number of rear seats and occupant
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waiver will not be granted. Comments restraints, which clearly indicate a


should refer to the docket number of Volkswagen of America Inc. seating capacity of two with a center
this notice and the vessel name in order (Volkswagen) has determined that the console. Further, the mislabeling does
for MARAD to properly consider the designated seating capacity placards on not affect the vehicle capacity weight,
comments. Comments should also state certain vehicles that it produced in 2005 recommended cold tire inflation

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33506 Federal Register / Vol. 71, No. 111 / Friday, June 9, 2006 / Notices

pressure, recommended tire size DEPARTMENT OF TRANSPORTATION SW., Washington, DC 20590–0001, (202)
designation, or the potential to overload 366–4535.
the rear seat. Pipeline and Hazardous Materials
Safety Administration Key to ‘‘Reason for Delay’’
In consideration of the foregoing,
1. Awaiting additional information
NHTSA has decided that the petitioner Office of Hazardous Materials Safety; from applicant.
has met its burden of persuasion that Notice of Delays in Processing of 2. Extensive public comment under
the noncompliance described is Special Permit Applications review.
inconsequential to motor vehicle safety. 3. Application is technically complex
Accordingly, Volkswagen’s petition is AGENCY: Pipeline and Hazardous and is of significant impact or
granted and the petitioner is exempted Materials Safety Administration, DOT. precedent-setting and requires extensive
from the obligation of providing ACTION: List of Application Delayed analysis.
notification of, and a remedy for, the more than 180 days. 4. Staff review delayed by other
noncompliance. priority issues or volume of special
SUMMARY: In accordance with the permit applications.
Authority: (49 U.S.C. 30118, 30120;
requirements of 49 U.S.C. 5117(c),
delegations of authority at CFR 1.50 and Meaning of Application Number
501.8)
PHMSA is publishing the following list
of special permit applications that have Suffixes
Issued on: June 5, 2006. been in process for 180 days or more. N—New application.
Daniel C. Smith, The reason(s) for delay and the expected M—Modification request.
Associate Administrator for Enforcement. completion date for action on each X—Renewal.
[FR Doc. E6–8979 Filed 6–8–06; 8:45 am] application is provided in association PM—Party to application with
with each identified application. modification request.
BILLING CODE 4910–59–P
FOR FURTHER INFORMATION CONTACT: Ann Issued in Washington, DC on June 05,
Mazzullo, Office of Hazardous Materials 2006.
Special Permits and Approvals, Pipeline R. Ryan Posten,
and Hazardous Materials Safety Chief, Special Permits Program, Office of
Administration, U.S. Department of Hazardous Materials Safety, Special Permits
Transportation, 400 Seventh Street, & Approvals.

Application Reason for Estimated date


Applicant
No. delay of completion

New Special Permit Applications

13341–N ...... National Propane Gas Association, Washington, DC ................................................................... 3 07–31–2006


13347–N ...... Amvac Chemical Corporation, Los Angeles, CA ........................................................................... 4 06–30–2006
13563–N ...... Applied Companies, Valencia, CA ................................................................................................. 1 07–31–2006
14184–N ...... Global Refrigerants,Inc., Denver, CO ............................................................................................ 4 06–30–2006
14229–N ...... Senex Explosives, Inc., Cuddy, PA ............................................................................................... 4 06–30–2006
14239–N ...... Marlin Gas Transport, Inc., Odessa, FL ........................................................................................ 1 06–30–2006
14257–N ...... Origin Energy American Samoa, Inc., Pago Pago, AS ................................................................. 4 06–30–2006
14270–N ...... Piper Metal Forming Corporation, New Albany, MS ..................................................................... 3, 4 08–31–2006
14267–N ...... Department of Energy, Washington, DC ....................................................................................... 1 06–30–2006
14289–N ...... City Machine & Welding, Inc., Amarillo, TX .................................................................................. 4 08–31–2006
14285–N ...... INO Therapeutics LLC, Port Allen, LA .......................................................................................... 4 08–31–2006
14283–N ...... U.S. Department of Energy (DOE), Washington, DC ................................................................... 1 06–30–2006
14277–N ...... Ascus Technologies, Ltd., Cleveland, OH ..................................................................................... 3, 4 08–31–2006
14266–N ...... NCF Industries, Inc., Santa Maria, CA .......................................................................................... 3 08–31–2006
14237–N ...... Advanced Technology Materials, Inc. (ATMI), Danbury, CT ......................................................... 1 08–31–2006
14232–N ...... Luxfer Gas Cylinders—Composite Cylinder Division, Riverside, CA ............................................ 4 06–30–2006
14221–N ...... U.S. Department of Energy, Washington, DC ............................................................................... 4 06–30–2006
14163–N ...... Air Liquide America, L.P., Houston, TX ......................................................................................... 4 06–30–2006

Modification to Special Permits

11903–M ..... Comptank Corporation, Bothwell, ON ........................................................................................... 4 06–30–2006


13182–M ..... Cytec Industries Inc., West Paterson, NJ ...................................................................................... 3, 4 06–30–2006
14237–M ..... Austin Powder Illinois Company, Cleveland, OH .......................................................................... 3, 4 06–30–2006
13583–M ..... Structural Composites Industries, Pomona, CA ............................................................................ 3, 4 06–30–2006
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