General Motors Corporation, Receipt of Petition for Decision of Inconsequential Noncompliance, 37893-37894 [05-12876]

Download as PDF Federal Register / Vol. 70, No. 125 / Thursday, June 30, 2005 / Notices Issued on: June 23, 2005. Rose A. McMurray, Associate Administrator, Policy and Program Development. [FR Doc. 05–12877 Filed 6–29–05; 8:45 am] BILLING CODE 4910–EX–P DEPARTMENT OF TRANSPORTATION Maritime Administration [Docket Number 2005 21688] Requested Administrative Waiver of the Coastwise Trade Laws Maritime Administration, Department of Transportation. ACTION: Invitation for public comments on a requested administrative waiver of the Coastwise Trade Laws for the vessel JESSIE O’. AGENCY: SUMMARY: As authorized by Pub. L. 105– 383 and Pub. L. 107–295, the Secretary of Transportation, as represented by the Maritime Administration (MARAD), is authorized to grant waivers of the U.S.build requirement of the coastwise laws under certain circumstances. A request for such a waiver has been received by MARAD. The vessel, and a brief description of the proposed service, is listed below. The complete application is given in DOT docket 2005–21688 at http://dms.dot.gov. Interested parties may comment on the effect this action may have on U.S. vessel builders or businesses in the U.S. that use U.S.-flag vessels. If MARAD determines, in accordance with Pub. L. 105–383 and MARAD’s regulations at 46 CFR Part 388 (68 FR 23084; April 30, 2003), that the issuance of the waiver will have an unduly adverse effect on a U.S.-vessel builder or a business that uses U.S.-flag vessels in that business, a waiver will not be granted. Comments should refer to the docket number of this notice and the vessel name in order for MARAD to properly consider the comments. Comments should also state the commenter’s interest in the waiver application, and address the waiver criteria given in § 388.4 of MARAD’s regulations at 46 CFR Part 388. DATES: Submit comments on or before August 1, 2005. ADDRESSES: Comments should refer to docket number MARAD 2005–21688. Written comments may be submitted by hand or by mail to the Docket Clerk, U.S. DOT Dockets, Room PL–401, Department of Transportation, 400 7th St., SW., Washington, DC 20590–0001. You may also send comments electronically via the Internet at http:// dmses.dot.gov/submit/. All comments will become part of this docket and will VerDate jul<14>2003 16:26 Jun 29, 2005 Jkt 205001 be available for inspection and copying at the above address between 10 a.m. and 5 p.m., E.T., Monday through Friday, except federal holidays. An electronic version of this document and all documents entered into this docket is available on the World Wide Web at http://dms.dot.gov. FOR FURTHER INFORMATION CONTACT: Joann Spittle, U.S. Department of Transportation, Maritime Administration, MAR–830 Room 7201, 400 Seventh Street, SW., Washington, DC 20590. Telephone 202–366–5979. SUPPLEMENTARY INFORMATION: As described by the applicant the intended service of the vessel JESSIE O’ is: Intended Use: ‘‘Passenger vessel cruising, fishing, and sightseeing excursions.’’ Geographic Region: Eastern seaboard of New Jersey from Atlantic City South to Cape May, including the Delaware Bay and Tributaries. Dated: June 22, 2005. By order of the Maritime Administrator. Joel C. Richard, Secretary, Maritime Administration. [FR Doc. 05–12936 Filed 6–29–05; 8:45 am] BILLING CODE 4910–81–P DEPARTMENT OF TRANSPORTATION Maritime Administration [Docket Number 2005 21687] Requested Administrative Waiver of the Coastwise Trade Laws Maritime Administration, Department of Transportation. ACTION: Invitation for public comments on a requested administrative waiver of the Coastwise Trade Laws for the vessel SOUTHERN CROSS. AGENCY: SUMMARY: As authorized by Pub. L. 105– 383 and Pub. L. 107–295, the Secretary of Transportation, as represented by the Maritime Administration (MARAD), is authorized to grant waivers of the U.S.build requirement of the coastwise laws under certain circumstances. A request for such a waiver has been received by MARAD. The vessel, and a brief description of the proposed service, is listed below. The complete application is given in DOT docket 2005–21687 at http://dms.dot.gov. Interested parties may comment on the effect this action may have on U.S. vessel builders or businesses in the U.S. that use U.S.-flag vessels. If MARAD determines, in accordance with Pub. L. 105–383 and MARAD’s regulations at 46 CFR Part 388 (68 FR 23084; April 30, 2003), that the issuance of the waiver will have an PO 00000 Frm 00149 Fmt 4703 Sfmt 4703 37893 unduly adverse effect on a U.S.-vessel builder or a business that uses U.S.-flag vessels in that business, a waiver will not be granted. Comments should refer to the docket number of this notice and the vessel name in order for MARAD to properly consider the comments. Comments should also state the commenter’s interest in the waiver application, and address the waiver criteria given in § 388.4 of MARAD’s regulations at 46 CFR Part 388. DATES: Submit comments on or before August 1, 2005. ADDRESSES: Comments should refer to docket number MARAD–2005 21687. Written comments may be submitted by hand or by mail to the Docket Clerk, U.S. DOT Dockets, Room PL–401, Department of Transportation, 400 7th St., SW., Washington, DC 20590–0001. You may also send comments electronically via the Internet at http:// dmses.dot.gov/submit/. All comments will become part of this docket and will be available for inspection and copying at the above address between 10 a.m. and 5 p.m., E.T., Monday through Friday, except federal holidays. An electronic version of this document and all documents entered into this docket is available on the World Wide Web at http://dms.dot.gov. FOR FURTHER INFORMATION CONTACT: Joann Spittle, U.S. Department of Transportation, Maritime Administration, MAR–830 Room 7201, 400 Seventh Street, SW., Washington, DC 20590. Telephone 202–366–5979. SUPPLEMENTARY INFORMATION: As described by the applicant the intended service of the vessel SOUTHERN CROSS is: Intended Use: ‘‘Carrying passengers for hire.’’ Geographic Region: California. Dated: June 22, 2005. By order of the Maritime Administrator. Joel C. Richard, Secretary, Maritime Administration. [FR Doc. 05–12929 Filed 6–29–05; 8:45 am] BILLING CODE 4910–81–P DEPARTMENT OF TRANSPORTATION National Highway Traffic Safety Administration [Docket No. NHTSA–2005–21675; Notice 1] General Motors Corporation, Receipt of Petition for Decision of Inconsequential Noncompliance General Motors Corporation (General Motors) has determined that certain model year 2005 vehicles that it E:\FR\FM\30JNN1.SGM 30JNN1 37894 Federal Register / Vol. 70, No. 125 / Thursday, June 30, 2005 / Notices produced do not comply with S6 of 49 CFR 571.205, Federal Motor Vehicle Safety Standard (FMVSS) No. 205, ‘‘Glazing materials.’’ General Motors has filed an appropriate report pursuant to 49 CFR part 573, ‘‘Defect and Noncompliance Reports.’’ Pursuant to 49 U.S.C. 30118(d) and 30120(h), General Motors has petitioned for an exemption from the notification and remedy requirements of 49 U.S.C. Chapter 301 on the basis that this noncompliance is inconsequential to motor vehicle safety. This notice of receipt of General Motors’ petition is published under 49 U.S.C. 30118 and 30120 and does not represent any agency decision or other exercise of judgment concerning the merits of the petition. Affected are a total of approximately 7,326 model year 2005 Chevrolet Corvette coupes equipped with removable transparent Targa roofs. S6, certification and marking, of FMVSS No. 205 and the referenced Section 7 of ANSI/SAE Z26.1–1996 specify that the required identification and certification markings must be located on the glazing. On the subject vehicles, the required markings are present, but they are located on the frame of the Targa roof assembly, rather than on the glazing portion of the roof assembly. General Motors believes that the noncompliance is inconsequential to motor vehicle safety and that no corrective action is warranted. The petitioner states: —The subject glazing meets all applicable performance requirements of FMVSS No. 205. There is no safety performance implication associated with this technical noncompliance. —The certifications markings required by FMVSS No. 205 are provided on the frame of the subject Corvette Targa roof assemblies. This noncompliance relates only to the location of the required markings, not to their presence. —Once assembled, the Targa roof frame and glazing are indivisible. For in-service repair, the roof assembly (glazing mounted in frame) is serviced as a unit. There is no service provision to replace only the frame or only the glazing. As a practical matter, therefore, marking the frame is functionally equivalent to marking the glazing. —Given the small volume of service parts that will be needed and the high investment cost required to manufacture the subject Corvette roof assemblies, it is probable that all service parts will be manufactured by the same supplier as the original equipment parts. Accordingly, there is virtually no chance of uncertainty about the manufacturer of the subject parts, should a need to identify the manufacturer arise in the future. —GM is not aware of any crashes, injuries, customer complaints or field reports associated with this condition. VerDate jul<14>2003 16:26 Jun 29, 2005 Jkt 205001 General Motors also states that NHTSA has previously granted inconsequential noncompliance petitions involving the omission of FMVSS No. 205 markings and provides the following examples: Western Star Trucks (63 FR 66232, 12/1/1998), Ford Motor Company (64 FR 70116, 12/15/ 1999), Toyota Motor Corporation (68 FR 10307, 3/4/2003), and Freightliner LLC (68 FR 65991, 11/24/2003). Interested persons are invited to submit written data, views, and arguments on the petition described above. Comments must refer to the docket and notice number cited at the beginning of this notice and be submitted by any of the following methods. Mail: Docket Management Facility, U.S. Department of Transportation, Nassif Building, Room PL–401, 400 Seventh Street, SW., Washington, DC 20590–0001. Hand Delivery: Room PL–401 on the plaza level of the Nassif Building, 400 Seventh Street, SW., Washington, DC. It is requested, but not required, that two copies of the comments be provided. The Docket Section is open on weekdays from 10 a.m. to 5 p.m. except Federal Holidays. Comments may be submitted electronically by logging onto the Docket Management System Web site at http://dms.dot.gov. Click on ‘‘Help’’ to obtain instructions for filing the document electronically. Comments may be faxed to 1–202–493–2251, or may be submitted to the Federal eRulemaking Portal: go to http:// www.regulations.gov. Follow the online instructions for submitting comments. The petition, supporting materials, and all comments received before the close of business on the closing date indicated below will be filed and will be considered. All comments and supporting materials received after the closing date will also be filed and will be considered to the extent possible. When the petition is granted or denied, notice of the decision will be published in the Federal Register pursuant to the authority indicated below. Comment closing date: August 1, 2005. Authority: (49 U.S.C. 30118, 30120: delegations of authority at CFR 1.50 and 501.8) Issued on: June 23, 2005. Ronald L. Medford, Senior Associate Administrator for Vehicle Safety. [FR Doc. 05–12876 Filed 6–29–05; 8:45 am] Frm 00150 Fmt 4703 Surface Transportation Board [STB Ex Parte No. 558 (Sub–No. 8)] Railroad Cost-of-Capital—2004 AGENCY: ACTION: Surface Transportation Board. Notice of decision. SUMMARY: On June 30, 2005, the Board served a decision to update its computation of the railroad industry’s cost-of-capital for 2004. The composite after-tax cost-of-capital rate for 2004 is found to be 10.1%, based on a current cost-of-debt of 5.25%; a cost of common equity capital of 13.16%; and a capital structure mix comprised of 38.5% debt and 61.5% common equity. The cost-ofcapital finding made in this proceeding will be used in a variety of Board proceedings. EFFECTIVE DATE: This action is effective June 30, 2005. FOR FURTHER INFORMATION CONTACT: Leonard J. Blistein, 202–565–1529. (Federal Information Relay Service (FIRS) for the hearing impaired: 1–800– 877–8339). The costof-capital finding in this decision may be used for a variety of regulatory purposes. The Board’s decision is posted on the Board’s Web site, http:// www.stb.dot.gov. In addition, copies of the decision may be purchased from ASAP Document Solutions by calling 202–306–4004 (assistance for the hearing impaired is available through FIRS at 1–800–877–8339), or by e-mail at asapdc@verizon.net. SUPPLEMENTARY INFORMATION: Environmental and Energy Considerations This action will not significantly affect either the quality of the human environment or the conservation of energy resources. Regulatory Flexibility Analysis Pursuant to 5 U.S.C. 605(b), we conclude that our action in this proceeding will not have a significant economic impact on a substantial number of small entities. The purpose and effect of this action are to update the annual railroad industry cost-ofcapital finding by the Board. No new reporting or other regulatory requirements are imposed, directly or indirectly, on small entities. Authority: 49 U.S.C. 10704(a). Decided: June 21, 2005. BILLING CODE 4910–59–P PO 00000 DEPARTMENT OF TRANSPORTATION Sfmt 4703 E:\FR\FM\30JNN1.SGM 30JNN1

Agencies

[Federal Register Volume 70, Number 125 (Thursday, June 30, 2005)]
[Notices]
[Pages 37893-37894]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-12876]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2005-21675; Notice 1]


General Motors Corporation, Receipt of Petition for Decision of 
Inconsequential Noncompliance

    General Motors Corporation (General Motors) has determined that 
certain model year 2005 vehicles that it

[[Page 37894]]

produced do not comply with S6 of 49 CFR 571.205, Federal Motor Vehicle 
Safety Standard (FMVSS) No. 205, ``Glazing materials.'' General Motors 
has filed an appropriate report pursuant to 49 CFR part 573, ``Defect 
and Noncompliance Reports.''
    Pursuant to 49 U.S.C. 30118(d) and 30120(h), General Motors has 
petitioned for an exemption from the notification and remedy 
requirements of 49 U.S.C. Chapter 301 on the basis that this 
noncompliance is inconsequential to motor vehicle safety.
    This notice of receipt of General Motors' petition is published 
under 49 U.S.C. 30118 and 30120 and does not represent any agency 
decision or other exercise of judgment concerning the merits of the 
petition.
    Affected are a total of approximately 7,326 model year 2005 
Chevrolet Corvette coupes equipped with removable transparent Targa 
roofs. S6, certification and marking, of FMVSS No. 205 and the 
referenced Section 7 of ANSI/SAE Z26.1-1996 specify that the required 
identification and certification markings must be located on the 
glazing. On the subject vehicles, the required markings are present, 
but they are located on the frame of the Targa roof assembly, rather 
than on the glazing portion of the roof assembly.
    General Motors believes that the noncompliance is inconsequential 
to motor vehicle safety and that no corrective action is warranted. The 
petitioner states:

--The subject glazing meets all applicable performance requirements 
of FMVSS No. 205. There is no safety performance implication 
associated with this technical noncompliance.
--The certifications markings required by FMVSS No. 205 are provided 
on the frame of the subject Corvette Targa roof assemblies. This 
noncompliance relates only to the location of the required markings, 
not to their presence.
--Once assembled, the Targa roof frame and glazing are indivisible. 
For in-service repair, the roof assembly (glazing mounted in frame) 
is serviced as a unit. There is no service provision to replace only 
the frame or only the glazing. As a practical matter, therefore, 
marking the frame is functionally equivalent to marking the glazing.
--Given the small volume of service parts that will be needed and 
the high investment cost required to manufacture the subject 
Corvette roof assemblies, it is probable that all service parts will 
be manufactured by the same supplier as the original equipment 
parts. Accordingly, there is virtually no chance of uncertainty 
about the manufacturer of the subject parts, should a need to 
identify the manufacturer arise in the future.
--GM is not aware of any crashes, injuries, customer complaints or 
field reports associated with this condition.

    General Motors also states that NHTSA has previously granted 
inconsequential noncompliance petitions involving the omission of FMVSS 
No. 205 markings and provides the following examples: Western Star 
Trucks (63 FR 66232, 12/1/1998), Ford Motor Company (64 FR 70116, 12/
15/1999), Toyota Motor Corporation (68 FR 10307, 3/4/2003), and 
Freightliner LLC (68 FR 65991, 11/24/2003).
    Interested persons are invited to submit written data, views, and 
arguments on the petition described above. Comments must refer to the 
docket and notice number cited at the beginning of this notice and be 
submitted by any of the following methods. Mail: Docket Management 
Facility, U.S. Department of Transportation, Nassif Building, Room PL-
401, 400 Seventh Street, SW., Washington, DC 20590-0001. Hand Delivery: 
Room PL-401 on the plaza level of the Nassif Building, 400 Seventh 
Street, SW., Washington, DC. It is requested, but not required, that 
two copies of the comments be provided. The Docket Section is open on 
weekdays from 10 a.m. to 5 p.m. except Federal Holidays. Comments may 
be submitted electronically by logging onto the Docket Management 
System Web site at http://dms.dot.gov. Click on ``Help'' to obtain 
instructions for filing the document electronically. Comments may be 
faxed to 1-202-493-2251, or may be submitted to the Federal eRulemaking 
Portal: go to http://www.regulations.gov. Follow the online 
instructions for submitting comments.
    The petition, supporting materials, and all comments received 
before the close of business on the closing date indicated below will 
be filed and will be considered. All comments and supporting materials 
received after the closing date will also be filed and will be 
considered to the extent possible. When the petition is granted or 
denied, notice of the decision will be published in the Federal 
Register pursuant to the authority indicated below.
    Comment closing date: August 1, 2005.

    Authority: (49 U.S.C. 30118, 30120: delegations of authority at 
CFR 1.50 and 501.8)

    Issued on: June 23, 2005.
Ronald L. Medford,
Senior Associate Administrator for Vehicle Safety.
[FR Doc. 05-12876 Filed 6-29-05; 8:45 am]
BILLING CODE 4910-59-P