Volkswagen of America Inc., Grant of Petition for Decision of Inconsequential Noncompliance, 33505-33506 [E6-8979]

Download as PDF Federal Register / Vol. 71, No. 111 / Friday, June 9, 2006 / Notices is available on the World Wide Web at https://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 CONUNDRUM is: Intended Use: ‘‘pleasure charter yacht for hire.’’ Geographic Region: Atlantic Seaboard to Virgin Islands. Dated: June 5, 2006. By order of the Maritime Administrator. Joel C. Richard, Secretary, Maritime Administration. [FR Doc. E6–8987 Filed 6–8–06; 8:45 am] BILLING CODE 4910–81–P DEPARTMENT OF TRANSPORTATION Maritime Administration [Docket Number 2006–24995] 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 PHOENIX. jlentini on PROD1PC65 with NOTICES AGENCY: SUMMARY: As authorized by Public Law 105–383 and Public Law 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 2006–24995 at https://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 Public Law 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 VerDate Aug<31>2005 16:01 Jun 08, 2006 Jkt 208001 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 July 10, 2006. ADDRESSES: Comments should refer to docket number MARAD–2006–24995. 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 https:// 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 https://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 PHOENIX is: Intended Use: ‘‘The primary intended use of the vessel is for marine research. The vessel may also be used for incidental commercial passenger operations.’’ Geographic Region: The Gulf of Mexico region, including the states of Florida, Alabama, Mississippi, Louisiana and Texas, with also potential visits to the U.S. territories, including the Virgin Islands and Puerto Rico. Dated: June 5, 2006. By order of the Maritime Administrator. Joel C. Richard, Secretary, Maritime Administration. [FR Doc. E6–8988 Filed 6–8–06; 8:45 am] BILLING CODE 4910–81–P DEPARTMENT OF TRANSPORTATION National Highway Traffic Safety Administration [Docket No. NHTSA 2006–24323; Notice 2] Volkswagen of America Inc., Grant of Petition for Decision of Inconsequential Noncompliance Volkswagen of America Inc. (Volkswagen) has determined that the designated seating capacity placards on certain vehicles that it produced in 2005 PO 00000 Frm 00072 Fmt 4703 Sfmt 4703 33505 and 2006 do not comply with S4.3(b) of 49 CFR 571.110, Federal Motor Vehicle Safety Standard (FMVSS) No. 110, ‘‘Tire selection and rims.’’ Pursuant to 49 U.S.C. 30118(d) and 30120(h), Volkswagen has petitioned for a determination that this noncompliance is inconsequential to motor vehicle safety and has filed an appropriate report pursuant to 49 CFR Part 573, ‘‘Defect and Noncompliance Reports.’’ Notice of receipt of a petition was published, with a 30-day comment period, on April 7, 2006, in the Federal Register (71 FR 17953). NHTSA received no comments. Affected are a total of approximately 39 Phaeton vehicles produced between May 22, 2005 and March 8, 2006. S4.3(b) of FMVSS No. 110 requires that a ‘‘placard, permanently affixed to the glove compartment door or an equally accessible location, shall display the * * * [d]esignated seating capacity.’’ The noncompliant vehicles have placards stating that the seating capacity is five when in fact the seating capacity is four. Volkswagen has corrected the problem that caused these errors so that they will not be repeated in future production. Volkswagen believes that the noncompliance is inconsequential to motor vehicle safety and that no corrective action is warranted. Volkswagen states that consumers will look at the number of seats and safety belts to determine the vehicle’s capacity. Volkswagen explains that although the rear seat capacity on the placard states three, the vehicles have only two rear seats, and the space that would be occupied by a middleoccupant position contains a center console. Volkswagen further states that, because the rear seats do not accommodate three people, the seating capacity labeling error has no impact on the vehicle capacity weight, recommended cold tire inflation pressure, or recommended size designation information. Also, Volkswagen says that it is impossible to overload the rear seat by relying on the incorrect designated seating capacity information. NHTSA agrees with Volkswagen that the noncompliance is inconsequential to motor vehicle safety. Although the placard states a rear seat capacity of three, a consumer can easily determine the seating capacity by looking at the number of rear seats and occupant restraints, which clearly indicate a seating capacity of two with a center console. Further, the mislabeling does not affect the vehicle capacity weight, recommended cold tire inflation E:\FR\FM\09JNN1.SGM 09JNN1 33506 Federal Register / Vol. 71, No. 111 / Friday, June 9, 2006 / Notices pressure, recommended tire size designation, or the potential to overload the rear seat. In consideration of the foregoing, NHTSA has decided that the petitioner has met its burden of persuasion that the noncompliance described is inconsequential to motor vehicle safety. Accordingly, Volkswagen’s petition is granted and the petitioner is exempted from the obligation of providing notification of, and a remedy for, the noncompliance. Authority: (49 U.S.C. 30118, 30120; delegations of authority at CFR 1.50 and 501.8) Issued on: June 5, 2006. Daniel C. Smith, Associate Administrator for Enforcement. [FR Doc. E6–8979 Filed 6–8–06; 8:45 am] BILLING CODE 4910–59–P DEPARTMENT OF TRANSPORTATION SW., Washington, DC 20590–0001, (202) 366–4535. Pipeline and Hazardous Materials Safety Administration Key to ‘‘Reason for Delay’’ Office of Hazardous Materials Safety; Notice of Delays in Processing of Special Permit Applications Pipeline and Hazardous Materials Safety Administration, DOT. ACTION: List of Application Delayed more than 180 days. AGENCY: SUMMARY: In accordance with the requirements of 49 U.S.C. 5117(c), PHMSA is publishing the following list of special permit applications that have been in process for 180 days or more. The reason(s) for delay and the expected completion date for action on each application is provided in association with each identified application. FOR FURTHER INFORMATION CONTACT: Ann Mazzullo, Office of Hazardous Materials Special Permits and Approvals, Pipeline and Hazardous Materials Safety Administration, U.S. Department of Transportation, 400 Seventh Street, Application No. 1. Awaiting additional information from applicant. 2. Extensive public comment under review. 3. Application is technically complex and is of significant impact or precedent-setting and requires extensive analysis. 4. Staff review delayed by other priority issues or volume of special permit applications. Meaning of Application Number Suffixes N—New application. M—Modification request. X—Renewal. PM—Party to application with modification request. Issued in Washington, DC on June 05, 2006. R. Ryan Posten, Chief, Special Permits Program, Office of Hazardous Materials Safety, Special Permits & Approvals. Reason for delay Applicant Estimated date of completion New Special Permit Applications 13341–N 13347–N 13563–N 14184–N 14229–N 14239–N 14257–N 14270–N 14267–N 14289–N 14285–N 14283–N 14277–N 14266–N 14237–N 14232–N 14221–N 14163–N ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... National Propane Gas Association, Washington, DC ................................................................... Amvac Chemical Corporation, Los Angeles, CA ........................................................................... Applied Companies, Valencia, CA ................................................................................................. Global Refrigerants,Inc., Denver, CO ............................................................................................ Senex Explosives, Inc., Cuddy, PA ............................................................................................... Marlin Gas Transport, Inc., Odessa, FL ........................................................................................ Origin Energy American Samoa, Inc., Pago Pago, AS ................................................................. Piper Metal Forming Corporation, New Albany, MS ..................................................................... Department of Energy, Washington, DC ....................................................................................... City Machine & Welding, Inc., Amarillo, TX .................................................................................. INO Therapeutics LLC, Port Allen, LA .......................................................................................... U.S. Department of Energy (DOE), Washington, DC ................................................................... Ascus Technologies, Ltd., Cleveland, OH ..................................................................................... NCF Industries, Inc., Santa Maria, CA .......................................................................................... Advanced Technology Materials, Inc. (ATMI), Danbury, CT ......................................................... Luxfer Gas Cylinders—Composite Cylinder Division, Riverside, CA ............................................ U.S. Department of Energy, Washington, DC ............................................................................... Air Liquide America, L.P., Houston, TX ......................................................................................... 3 4 1 4 4 1 4 3, 4 1 4 4 1 3, 4 3 1 4 4 4 07–31–2006 06–30–2006 07–31–2006 06–30–2006 06–30–2006 06–30–2006 06–30–2006 08–31–2006 06–30–2006 08–31–2006 08–31–2006 06–30–2006 08–31–2006 08–31–2006 08–31–2006 06–30–2006 06–30–2006 06–30–2006 4 3, 4 3, 4 3, 4 06–30–2006 06–30–2006 06–30–2006 06–30–2006 Modification to Special Permits jlentini on PROD1PC65 with NOTICES 11903–M 13182–M 14237–M 13583–M ..... ..... ..... ..... VerDate Aug<31>2005 Comptank Corporation, Bothwell, ON ........................................................................................... Cytec Industries Inc., West Paterson, NJ ...................................................................................... Austin Powder Illinois Company, Cleveland, OH .......................................................................... Structural Composites Industries, Pomona, CA ............................................................................ 16:01 Jun 08, 2006 Jkt 208001 PO 00000 Frm 00073 Fmt 4703 Sfmt 4703 E:\FR\FM\09JNN1.SGM 09JNN1

Agencies

[Federal Register Volume 71, Number 111 (Friday, June 9, 2006)]
[Notices]
[Pages 33505-33506]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-8979]


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

DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA 2006-24323; Notice 2]


Volkswagen of America Inc., Grant of Petition for Decision of 
Inconsequential Noncompliance

    Volkswagen of America Inc. (Volkswagen) has determined that the 
designated seating capacity placards on certain vehicles that it 
produced in 2005 and 2006 do not comply with S4.3(b) of 49 CFR 571.110, 
Federal Motor Vehicle Safety Standard (FMVSS) No. 110, ``Tire selection 
and rims.'' Pursuant to 49 U.S.C. 30118(d) and 30120(h), Volkswagen has 
petitioned for a determination that this noncompliance is 
inconsequential to motor vehicle safety and has filed an appropriate 
report pursuant to 49 CFR Part 573, ``Defect and Noncompliance 
Reports.'' Notice of receipt of a petition was published, with a 30-day 
comment period, on April 7, 2006, in the Federal Register (71 FR 
17953). NHTSA received no comments.
    Affected are a total of approximately 39 Phaeton vehicles produced 
between May 22, 2005 and March 8, 2006. S4.3(b) of FMVSS No. 110 
requires that a ``placard, permanently affixed to the glove compartment 
door or an equally accessible location, shall display the * * * 
[d]esignated seating capacity.'' The noncompliant vehicles have 
placards stating that the seating capacity is five when in fact the 
seating capacity is four. Volkswagen has corrected the problem that 
caused these errors so that they will not be repeated in future 
production.
    Volkswagen believes that the noncompliance is inconsequential to 
motor vehicle safety and that no corrective action is warranted. 
Volkswagen states that consumers will look at the number of seats and 
safety belts to determine the vehicle's capacity. Volkswagen explains 
that although the rear seat capacity on the placard states three, the 
vehicles have only two rear seats, and the space that would be occupied 
by a middle-occupant position contains a center console.
    Volkswagen further states that, because the rear seats do not 
accommodate three people, the seating capacity labeling error has no 
impact on the vehicle capacity weight, recommended cold tire inflation 
pressure, or recommended size designation information. Also, Volkswagen 
says that it is impossible to overload the rear seat by relying on the 
incorrect designated seating capacity information.
    NHTSA agrees with Volkswagen that the noncompliance is 
inconsequential to motor vehicle safety. Although the placard states a 
rear seat capacity of three, a consumer can easily determine the 
seating capacity by looking at the number of rear seats and occupant 
restraints, which clearly indicate a seating capacity of two with a 
center console. Further, the mislabeling does not affect the vehicle 
capacity weight, recommended cold tire inflation

[[Page 33506]]

pressure, recommended tire size designation, or the potential to 
overload the rear seat.
    In consideration of the foregoing, NHTSA has decided that the 
petitioner has met its burden of persuasion that the noncompliance 
described is inconsequential to motor vehicle safety. Accordingly, 
Volkswagen's petition is granted and the petitioner is exempted from 
the obligation of providing notification of, and a remedy for, the 
noncompliance.

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

    Issued on: June 5, 2006.
Daniel C. Smith,
Associate Administrator for Enforcement.
 [FR Doc. E6-8979 Filed 6-8-06; 8:45 am]
BILLING CODE 4910-59-P

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