Tap any paragraph to write a margin note. Your notes collect in the Desk below the text and file under cases with @. The side-by-side margin rail opens on a larger screen.

§
Marginalia
Code · REGISTER · 2007-10-22 · Federal Highway Administration (FHWA), DOT · Rules and Regulations

Rules and Regulations. Notice of limitation on claims for judicial review of actions by FHWA and other federal agencies

14,171 words·~64 min read·/register/2007/10/22/07-4888

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

BILLING CODE 4910-22-M DEPARTMENT OF TRANSPORTATION Federal Highway Administration Notice of Final Federal Agency Actions on Proposed Highways in Washington AGENCY: Federal Highway Administration (FHWA), DOT. ACTION: Notice of limitation on claims for judicial review of actions by FHWA and other federal agencies. SUMMARY: This notice announces actions taken by the FHWA and other Federal agencies that are final within the meaning of 23 U.S.C. 139(l)(1). The actions relate to a proposed highway project, SR 167 Extension Project Puyallup to SR 509 in Pierce County, Washington.
Those actions grant licenses, permits, and approvals for the project. DATES: By this notice, the FHWA is advising the public of final agency actions subject to 23 U.S.C. 139(l)(1). A claim seeking judicial review of the Federal agency actions on the highway project will be barred unless the claim is filed on or before April 21, 2008. If the Federal law that authorizes judicial review of a claim provides a time period of less than 180 days for filing such claim, then that shorter time period still applies.
FOR FURTHER INFORMATION CONTACT: Bryan Dillon, Area Engineer, Federal Highway Administration Washington Division, 711 South Capitol Way, Suite 501, Olympia, WA 98501. Office hours are 8 a.m. to 4 p.m. Pacific Time,
(360)753-9556, *Bryan.Dillon@fhwa.dot.gov.* You may also contact Steve Fuchs, SR 167 Project Manager, Washington State Department of Transportation (WSDOT), 1011 10th Avenue SE., Olympia, WA 98501. Office hours are 8 a.m. to 5 p.m. Pacific Time,
(360)709-8100, *fuchss@wsdot.wa.gov.* SUPPLEMENTARY INFORMATION: Notice is hereby given that the FHWA and other Federal agencies have taken final agency actions by issuing a Record of Decision
(ROD)and approvals for the following highway project in the State of Washington. When completed, the SR 167 Extension project will replace the existing arterial route that follows River Road with six miles of new freeway north of the Puyallup River. This will complete the existing SR 167 from State Route 161 in Puyallup to Interstate 5 in Fife, with a connection to State Route 509 near the Port of Tacoma. When construction funding is secured, the project will be built in stages as money becomes available. The actions by the Federal agencies, and the laws under which such actions were taken, are described in the November 2006 Final Environmental Impact Statement
(FEIS)and the October 2, 2007 ROD, and in other documents in the FHWA administrative record. The FEIS, ROD, and other documents in the FHWA administrative record are available by contacting the FHWA or WSDOT at the addresses provided above. The FEIS and ROD can also be viewed and downloaded from the project Web site at *http://www.wsdot.wa.gov/Projects/SR167/TacomaToEdgewood/* or viewed at public libraries in the project area. Since federal funding is not currently available for this project, an FHWA project number has not been established. This notice applies to all Federal agency decisions on the listed projects as of the issuance date of this notice and all laws under which such actions were taken, including but not limited to: 1. *General:* National Environmental Policy Act [42 U.S.C. 4321-4351]; Federal-Aid Highway Act [23 U.S.C. 109]. 2. *Air:* Clean Air Act, as amended [42 U.S.C. 7401-7671(q)]. 3. *Land:* Section 4(f) of the Department of Transportation Act of 1966 [49 U.S.C. 303]; Landscaping and Scenic Enhancement (Wildflowers) [23 U.S.C. 319]. 4. *Wildlife:* Endangered Species Act [16 U.S.C. 1531-1544]; Anadromous Fish Conservation Act [16 U.S.C. 757(a)-757(g)]; Fish and Wildlife Coordination Act [16 U.S.C. 661-667(d)]; Magnuson-Stevenson Fishery Conservation and Management Act of 1976, as amended [16 U.S.C. 1801 *et seq.* ]. 5. *Historic and Cultural Resources:* Section 106 of the National Historic Preservation Act of 1966, as amended [16 U.S.C. 470(f) *et seq.* ]; Archaeological Resources Protection Act of 1977 [16 U.S.C. 470(aa)-11]; Archaeological and Historic Preservation Act [16 U.S.C. 469-469(c)]; Native American Grave Protection and Repatriation Act [25 U.S.C. 3001-3013]. 6. *Social and Economic:* Civil Rights Act of 1964 [42 U.S.C. 2000(d)-2000(d)(1)]; American Indian Religious Freedom Act [42 U.S.C. 1996]; Farmland Protection Policy Act [7 U.S.C. 4201-4209]; the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended [42 U.S.C. 61]. 7. *Wetlands and Water Resources:* Clean Water Act, 33 U.S.C. 1251-1377 (Section 404, Section 401, Section 319); Coastal Zone Management Act [16 U.S.C. 1451-1465]; Land and Water Conservation Fund [16 U.S.C. 4601-4604]; Safe Drinking Water Act [42 U.S.C. 300(f)-300(j)(6)]; Rivers and Harbors Act of 1899 [33 U.S.C. 401-406]; TEA-21 Wetlands Mitigation [23 U.S.C. 103(b)(6)(m), 133(b)(11)]; Flood Disaster Protection Act [42 U.S.C. 4001-4128]. 8. *Hazardous Materials:* Comprehensive Environmental Response, Compensation, and Liability Act [42 U.S.C. 9601-9675]; Superfund Amendments and Reauthorization Act of 1986 [PL 99-499]; Resource Conservation and Recovery Act [42 U.S.C. 6901-6992(k)]. 9. *Executive Orders:* E.O. 11990 Protection of Wetlands; E.O. 11988 Floodplain Management; E.O. 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low Income Populations; E.O. 11593 Protection and Enhancement of Cultural Resources; E.O. 13007 Indian Sacred Sites; E.O. 13287 Preserve America; E.O. 13175 Consultation and Coordination with Indian Tribal Governments; E.O. 11514 Protection and Enhancement of Environmental Quality; E.O. 13112 Invasive Species. (Catalog of Federal Domestic Assistance Program Number 20.205, Highway Planning and Construction. The regulations implementing Executive Order 12372 regarding intergovernmental consultation on Federal programs and activities apply to this program.) Authority: 23 U.S.C. 139(l)(1). Issued on: October 5, 2007. Bryan Dillon, Area Engineer, Olympia, Washington. [FR Doc. E7-20694 Filed 10-19-07; 8:45 am] BILLING CODE 4910-RY--P y DEPARTMENT OF TRANSPORTATION National Highway Traffic Safety Administration [Docket No. NHTSA-2007-0007] Notice of Receipt of Petition for Decision That Nonconforming 1988 Ducati 851 Motorcycles Are Eligible for Importation AGENCY: National Highway Traffic Safety Administration, DOT. ACTION: Notice of receipt of petition for decision that nonconforming 1988 Ducati 851 motorcycles are eligible for importation. SUMMARY: This document announces receipt by the National Highway Traffic Safety Administration (NHTSA) of a petition for a decision that 1988 Ducati 851 motorcycles that were not originally manufactured to comply with all applicable Federal motor vehicle safety standards (FMVSS) are eligible for importation into the United States because
(1)they are substantially similar to vehicles that were originally manufactured for sale in the United States and that were certified by their manufacturer as complying with the safety standards, and
(2)they are capable of being readily altered to conform to the standards. DATES: The closing date for comments on the petition is November 21, 2007. ADDRESSES: Comments should refer to the docket and notice numbers above and be submitted by any of the following methods: • *Federal eRulemaking Portal:* Go to *http://www.regulations.gov.* Follow the online instructions for submitting comments. • *Mail:* Docket Management Facility: U.S. Department of Transportation, 1200 New Jersey Avenue SE., West Building Ground Floor, Room W12-140, Washington, DC 20590-0001. • *Hand Delivery or Courier:* West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue SE., between 9 a.m. and 5 p.m. ET, Monday through Friday, except Federal holidays. • *Fax:* 202-493-2251. *Instructions:* Comments must be written in the English language, and be no greater than 15 pages in length, although there is no limit to the length of necessary attachments to the comments. If comments are submitted in hard copy form, please ensure that two copies are provided. If you wish to receive confirmation that your comments were received, please enclose a stamped, self-addressed postcard with the comments. Note that all comments received will be posted without change to *http://www.regulations.gov,* including any personal information provided. Please see the Privacy Act heading below. *Privacy Act:* Anyone is able to search the electronic form of all comments received into any of our dockets by the name of the individual submitting the comment (or signing the comment, if submitted on behalf of an association, business, labor union, etc.). You may review DOT's complete Privacy Act Statement in the **Federal Register** published on April 11, 2000 (65 FR 19477-78) or you may visit *http://DocketInfo.dot.gov.* *How To Read Comments Submitted to the Docket:* You may read the comments received by Docket Management at the address and times given above. You may also see the comments on the Internet. To read the comments on the Internet, take the following steps:
(1)Go to the Federal Docket Management System
(FDMS)Web page *http://www.regulations.gov.*
(2)On that page, click on “search for dockets.”
(3)On the next page ( *http://www.regulations.gov/fdmspublic/component/main* ), select NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION from the drop-down menu in the Agency field, enter the Docket ID number and title shown at the heading of this document, and select “Nonrulemaking” from the drop-down menu in the Type field and “Vehicle Import Eligibility” in the drop-down menu in the Sub-Type field.
(4)After entering that information, click on “submit.”
(5)The next page contains docket summary information for the docket you selected. Click on the comments you wish to see. You may download the comments. Although the comments are imaged documents, instead of the word processing documents, the “pdf” versions of the documents are word searchable. Please note that even after the comment closing date, we will continue to file relevant information in the Docket as it becomes available. Further, some people may submit late comments. Accordingly, we recommend that you periodically search the Docket for new material. FOR FURTHER INFORMATION CONTACT: Coleman Sachs, Office of Vehicle Safety Compliance, NHTSA (202-366-3151). SUPPLEMENTARY INFORMATION: Background Under 49 U.S.C. 30141(a)(1)(A), a motor vehicle that was not originally manufactured to conform to all applicable FMVSS 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 sale in the United States, certified under 49 U.S.C. 30115, 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 FMVSS. 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** . J.K. Technologies, LLC, of Baltimore, Maryland (“J.K.”) (Registered Importer 90-006) has petitioned NHTSA to decide whether non-U.S. certified 1988 Ducati 851 motorcycles are eligible for importation into the United States. The vehicles that J.K. believes are substantially similar are 1988 Ducati 851 motorcycles that were manufactured for sale in the United States and certified by their manufacturer as conforming to all applicable FMVSS. The petitioner claims that it carefully compared non-U.S. certified 1988 Ducati 851 motorcycles to their U.S. certified counterparts, and found the vehicles to be substantially similar with respect to compliance with most FMVSS. J.K. submitted information with its petition intended to demonstrate that non-U.S. certified 1988 Ducati 851 motorcycles, as originally manufactured, conform to many FMVSS in the same manner as their U.S. certified counterparts, or are capable of being readily altered to conform to those standards. Specifically, the petitioner claims that non-U.S. certified 1988 Ducati 851 motorcycles are identical to their U.S. certified counterparts with respect to compliance with Standard Nos. 106 *Brake Hoses* , 111 *Rearview Mirrors* , 116 *Brake Fluid* , 119 *New Pneumatic Tires for Vehicles other than Passenger Cars* , 120 *Tire Selection and Rims for Vehicles other than Passenger Cars* , 122 *Motorcycle Brake Systems* , and 123 *Motorcycle Controls and Displays* . The petitioner further contends that the vehicles are capable of being readily altered to meet the following standards, in the manner indicated below: Standard No. 108 *Lamps, Reflective Devices and Associated Equipment* : Installation of U.S.-certified headlamps. Standard No. 205 *Glazing Materials* : Inspection of all vehicles, and removal of noncompliant glazing or replacement of the glazing with U.S.-certified components on vehicles that are not already so equipped. All comments received before the close of business on the closing date indicated above will be considered, and will be available for examination in the docket at the above address both before and after that date. To the extent possible, comments filed after the closing date will also be considered. Notice of final action on the petition will be published in the **Federal Register** pursuant to the authority indicated below. Authority: 49 U.S.C. 30141(a)(1)(A) and (b)(1); 49 CFR 593.8; delegations of authority at 49 CFR 1.50 and 501.8. Issued on: October 16, 2007. Claude H. Harris, Director, Office of Vehicle Safety Compliance. [FR Doc. E7-20768 Filed 10-19-07; 8:45 am] BILLING CODE 4910-59-P DEPARTMENT OF TRANSPORTATION National Highway Traffic Safety Administration [Docket No. NHTSA-2006-26357; Notice 2] Decision That Nonconforming 1999-2000 Hatty 45 Foot Double-Axle Trailers Are Eligible for Importation AGENCY: National Highway Traffic Safety Administration, DOT. ACTION: Notice of decision by National Highway Traffic Safety Administration that nonconforming 1999-2000 Hatty 45 foot double-axle trailers are eligible for importation. SUMMARY: This document announces a decision by the National Highway Traffic Safety Administration (NHTSA) that certain 1999-2000 Hatty 45 foot double-axle trailers that were not originally manufactured to comply with all applicable Federal motor vehicle safety standards (FMVSS) are eligible for importation into the United States because they have safety features that comply with, or are capable of being altered to comply with, all applicable FMVSS. DATES: This decision was effective April 19, 2007. The agency notified the petitioner at that time that the petition had been granted. This document provides public notice of that decision. FOR FURTHER INFORMATION CONTACT: Coleman Sachs, Office of Vehicle Safety Compliance, NHTSA (202-366-3151). SUPPLEMENTARY INFORMATION: Background Under 49 U.S.C. 30141(a)(1)(A), a motor vehicle that was not originally manufactured to conform to all applicable FMVSS 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, 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 FMVSS. Where there is no substantially similar U.S.-certified motor vehicle, 49 U.S.C. 30141(a)(1)(B) permits a nonconforming motor vehicle to be admitted into the United States if its safety features comply with, or are capable of being altered to comply with, all applicable FMVSS based on destructive test data or such other evidence as NHTSA decides to be adequate. 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** . Barry Taylor Enterprises of Richmond, California (BTE)(Registered Importer 01-280) petitioned NHTSA to decide whether 1999-2000 Hatty 45 foot double-axle trailers are eligible for importation into the United States. NHTSA published notice of petition on November 21, 2006 (71 FR 67424) to afford an opportunity for public comment. The reader is referred to that notice for a thorough description of the petition. Comments were received in response to the notice of the petition from ArvinMeritor, Inc., d.b.a. Meritor WABCO (WABCO), the manufacturer of the ABS braking system components installed on the subject vehicles. WABCO stated that the purpose for its comments are; to provide detailed information about the capabilities of the ABS system installed on the subject vehicles and to describe differences between that system and those installed in typical U.S. conforming vehicles regarding the activation signal and control system programming for the lamp check function of the antilock malfunction indicator lamp (required by paragraph S5.2.3.3 of FMVSS No. 121 *Air Brake Systems* ). In its review of the petition, NHTSA found insufficient data, views, and arguments for it to make a determination as to conformity of the subject vehicles with FMVSS No. 223, *Rear Impact Guards* and FMVSS No. 224, *Rear Impact Protection.* As a result, NHTSA requested that BTE provide test data demonstrating that the rear impact guards originally installed on the subject trailers met or were capable of being altered to meet the requirements of FMVSS Nos. 223 and 224. BTE responded by stating that it had been unable to obtain the necessary test documentation. As an alternative to providing the test data, BTE proposed that conformance could be achieved by installing a replacement rear impact guard that was certified by its manufacturer as conforming to all applicable requirements of FMVSS No. 223, provided that it was installed as required by FMVSS No. 224. NHTSA's *Analysis* : After reviewing the petition as well as the supplemental information received from both BTE and WABCO, NHTSA determined that the subject vehicles were capable of being altered to conform with all applicable safety standards. However, the agency concluded that the RI must demonstrate, in the conformity statement submitted for any vehicle imported under this eligibility decision, that the following modifications, in addition to those included in the instant petition, have been made: Standard No. 121 *Air Brake Systems* : inspection of the vehicles and rewiring and/or reprogramming of the ABS brake control system to ensure that the antilock malfunction indicator lamp functions as required by the standard. Standard No. 223, *Rear Impact Guards* : installation of a rear impact guard that is certified as conforming to the requirements of FMVSS No. 223. Standard No. 224, *Rear Impact Protection* : installation of a rear impact guard that is certified as conforming to the requirements of FMVSS No. 223 in a manner that meets the requirements of FMVSS No. 224. Based on these considerations, the agency decided to grant this petition. Final Decision Accordingly, on the basis of the foregoing, NHTSA has decided that 1999-2000 Hatty 45 foot double-axle trailers that were not originally manufactured to comply with all applicable FMVSS have safety features that comply with, or are capable of being altered to comply with, all applicable FMVSS. Vehicle Eligibility Number for Subject Vehicles The importer of a vehicle admissible under any final decision must indicate on the form HS-7 accompanying entry the appropriate vehicle eligibility number indicating that the vehicle is eligible for entry. VCP-38 is the vehicle eligibility number assigned to vehicles admissible under this notice of final decision. Authority: 49 U.S.C. 30141(a)(1)(B) and (b)(1); 49 CFR 593.7; delegations of authority at 49 CFR 1.50 and 501.8. Issued on: October 16, 2007. Claude H. Harris, Director, Office of Vehicle Safety Compliance. [FR Doc. E7-20772 Filed 10-19-07; 8:45 am] BILLING CODE 4910-59-P DEPARTMENT OF TRANSPORTATION National Highway Traffic Safety Administration [Docket No. NHTSA-2007-0004] Notice of Receipt of Petition for Decision That Nonconforming 1999-2007 Yamaha Drag Star 1100 Motorcycles Are Eligible for Importation AGENCY: National Highway Traffic Safety Administration, DOT. ACTION: Notice of receipt of petition for decision that nonconforming 1999-2007 Yamaha Drag Star 1100 motorcycles are eligible for importation. SUMMARY: This document announces receipt by the National Highway Traffic Safety Administration (NHTSA) of a petition for a decision that 1999-2007 Yamaha Drag Star 1100 motorcycles that were not originally manufactured to comply with all applicable Federal motor vehicle safety standards (FMVSS) are eligible for importation into the United States because
(1)they are substantially similar to vehicles that were originally manufactured for sale in the United States and that were certified by their manufacturer as complying with the safety standards, and
(2)they are capable of being readily altered to conform to the standards. DATES: The closing date for comments on the petition is November 21, 2007. ADDRESSES: Comments should refer to the docket and notice numbers above and be submitted by any of the following methods: • *Federal eRulemaking Portal:* Go to *http://www.regulations.gov* . Follow the online instructions for submitting comments. • *Mail:* Docket Management Facility: U.S. Department of Transportation, 1200 New Jersey Avenue, SE., West Building Ground Floor, Room W12-140, Washington, DC 20590-0001. • *Hand Delivery or Courier:* West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue, SE., between 9 a.m. and 5 p.m. ET, Monday through Friday, except Federal holidays. • *Fax:* 202-493-2251. *Instructions:* Comments must be written in the English language, and be no greater than 15 pages in length, although there is no limit to the length of necessary attachments to the comments. If comments are submitted in hard copy form, please ensure that two copies are provided. If you wish to receive confirmation that your comments were received, please enclose a stamped, self-addressed postcard with the comments. Note that all comments received will be posted without change to *http://www.regulations.gov* , including any personal information provided. Please see the Privacy Act heading below. *Privacy Act:* Anyone is able to search the electronic form of all comments received into any of our dockets by the name of the individual submitting the comment (or signing the comment, if submitted on behalf of an association, business, labor union, etc.). You may review DOT's complete Privacy Act Statement in the **Federal Register** published on April 11, 2000 (65 FR 19477-78) or you may visit *http://DocketInfo.dot.gov.* *How to Read Comments submitted to the Docket:* You may read the comments received by Docket Management at the address and times given above. You may also see the comments on the Internet. To read the comments on the Internet, take the following steps:
(1)Go to the Federal Docket Management System
(FDMS)Web page *http://www.regulations.gov* .
(2)On that page, click on “search for dockets.”
(3)On the next page ( *http://www.regulations.gov/fdmspublic/component/main* ), select National Highway Traffic Safety Administration from the drop-down menu in the Agency field, enter the Docket ID number and title shown at the heading of this document, and select “Nonrulemaking” from the drop-down menu in the Type field and “Vehicle Import Eligibility” in the drop-down menu in the Sub-Type field.
(4)After entering that information, click on “submit.”
(5)The next page contains docket summary information for the docket you selected. Click on the comments you wish to see. You may download the comments. Although the comments are imaged documents, instead of the word processing documents, the “pdf” versions of the documents are word searchable. Please note that even after the comment closing date, we will continue to file relevant information in the Docket as it becomes available. Further, some people may submit late comments. Accordingly, we recommend that you periodically search the Docket for new material. FOR FURTHER INFORMATION CONTACT: Coleman Sachs, Office of Vehicle Safety Compliance, NHTSA (202-366-3151). SUPPLEMENTARY INFORMATION: Background Under 49 U.S.C. 30141(a)(1)(A), a motor vehicle that was not originally manufactured to conform to all applicable FMVSS 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 sale in the United States, certified under 49 U.S.C. 30115, 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 FMVSS. 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** . US SPECS of Aberdeen, Maryland (Registered Importer 03-321) has petitioned NHTSA to decide whether non-U.S. certified 1999-2007 Yamaha Drag Star 1100 motorcycles are eligible for importation into the United States. The vehicles that U.S. SPECS believes are substantially similar are 1999-2007 V Star 1100 motorcycles that were manufactured for sale in the United States and certified by their manufacturer as conforming to all applicable FMVSS. The petitioner claims that it carefully compared non-U.S. certified 1999-2007 Yamaha Drag Star 1100 motorcycles to their U.S. certified counterparts, and found the vehicles to be substantially similar with respect to compliance with most FMVSS. US SPECS submitted information with its petition intended to demonstrate that non-U.S. certified 1999-2007 Yamaha Drag Star 1100 motorcycles, as originally manufactured, conform to many FMVSS in the same manner as their U.S. certified counterparts, or are capable of being readily altered to conform to those standards. Specifically, the petitioner claims that non-U.S. certified 1999-2007 Yamaha Drag Star 1100 motorcycles are identical to their U.S. certified counterparts with respect to compliance with Standard Nos. 106 *Brake Hoses* , 116 *Brake Fluid* , 119 *New Pneumatic Tires for Vehicles other than Passenger Cars* , and 122 *Motorcycle Brake Systems* . The petitioner further contends that the vehicles are capable of being readily altered to meet the following standards, in the manner indicated below: Standard No. 108 *Lamps, Reflective Devices and Associated Equipment:* Inspection of all vehicles and replacement of the following with U.S.-certified components on vehicles not already so equipped:
(a)Headlamps;
(b)front and rear turn signal lamps;
(c)tail lamp assembly;
(d)front and rear side-mounted reflex reflectors; and
(e)rear-mounted reflex reflector. Standard No. 111 *Rearview Mirrors:* Inspection of all vehicles, and installation of U.S.-conforming model rearview mirrors on vehicles that are not already so equipped. Standard No. 120 * Tire Selection and Rims for Vehicles other than Passenger Cars: * Installation of a tire information placard. Standard No. 123 *Motorcycle Controls and Displays:* Installation of a U.S.-model speedometer, or modification of the speedometer so that it reads in miles per hour. Standard No. 205 *Glazing Materials:* Inspection of all vehicles, and removal of noncompliant glazing or replacement of the glazing with U.S.-certified components on vehicles that are not already so equipped. All comments received before the close of business on the closing date indicated above will be considered, and will be available for examination in the docket at the above address both before and after that date. To the extent possible, comments filed after the closing date will also be considered. Notice of final action on the petition will be published in the **Federal Register** pursuant to the authority indicated below. Authority: 49 U.S.C. 30141(a)(1)(A) and (b)(1); 49 CFR 593.8; delegations of authority at 49 CFR 1.50 and 501.8. Issued on: October 16, 2007. Claude H. Harris, Director, Office of Vehicle, Safety Compliance. [FR Doc. E7-20774 Filed 10-19-07; 8:45 am] BILLING CODE 4910-59-P DEPARTMENT OF TRANSPORTATION National Highway Traffic Safety Administration [Docket No. NHTSA-2007-0005] Notice of Receipt of Petition for Decision That Nonconforming 2004-2005 Vespa LX and PX Model Motorcycles Are Eligible for Importation AGENCY: National Highway Traffic Safety Administration, DOT. ACTION: Notice of receipt of petition for decision that nonconforming 2004-2005 Vespa LX and PX model motorcycles are eligible for importation. SUMMARY: This document announces receipt by the National Highway Traffic Safety Administration (NHTSA) of a petition for a decision that 2004-2005 Vespa LX and PX model motorcycles that were not originally manufactured to comply with all applicable Federal motor vehicle safety standards (FMVSS) are eligible for importation into the United States because
(1)they are substantially similar to vehicles that were originally manufactured for sale in the United States and that were certified by their manufacturer as complying with the safety standards, and
(2)they are capable of being readily altered to conform to the standards. DATES: The closing date for comments on the petition is November 21, 2007. ADDRESSES: Comments should refer to the docket and notice numbers above and be submitted by any of the following methods: • *Federal eRulemaking Portal:* Go to *http://www.regulations.gov.* Follow the online instructions for submitting comments. • *Mail:* Docket Management Facility: U.S. Department of Transportation, 1200 New Jersey Avenue, SE., West Building Ground Floor, Room W12-140, Washington, DC 20590-0001. • *Hand Delivery or Courier:* West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue, SE., between 9 a.m. and 5 p.m. ET, Monday through Friday, except Federal holidays. • *Fax:* 202-493-2251. *Instructions:* Comments must be written in the English language, and be no greater than 15 pages in length, although there is no limit to the length of necessary attachments to the comments. If comments are submitted in hard copy form, please ensure that two copies are provided. If you wish to receive confirmation that your comments were received, please enclose a stamped, self-addressed postcard with the comments. Note that all comments received will be posted without change to *http://www.regulations.gov* , including any personal information provided. Please see the Privacy Act heading below. *Privacy Act:* Anyone is able to search the electronic form of all comments received into any of our dockets by the name of the individual submitting the comment (or signing the comment, if submitted on behalf of an association, business, labor union, etc.). You may review DOT's complete Privacy Act Statement in the **Federal Register** published on April 11, 2000 (65 FR 19477-78) or you may visit *http://DocketInfo.dot.gov.* *How to Read Comments submitted to the Docket:* You may read the comments received by Docket Management at the address and times given above. You may also see the comments on the Internet. To read the comments on the Internet, take the following steps:
(1)Go to the Federal Docket Management System
(FDMS)Web page *http://www.regulations.gov.*
(2)On that page, click on “search for dockets.”
(3)On the next page ( *http://www.regulations.gov/fdmspublic/component/main* ), select NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION from the drop-down menu in the Agency field, enter the Docket ID number and title shown at the heading of this document, and select “Nonrulemaking” from the drop-down menu in the Type field and “Vehicle Import Eligibility” in the drop-down menu in the Sub-Type field.
(4)After entering that information, click on “submit.”
(5)The next page contains docket summary information for the docket you selected. Click on the comments you wish to see. You may download the comments. Although the comments are imaged documents, instead of the word processing documents, the “pdf” versions of the documents are word searchable. Please note that even after the comment closing date, we will continue to file relevant information in the Docket as it becomes available. Further, some people may submit late comments. Accordingly, we recommend that you periodically search the Docket for new material. FOR FURTHER INFORMATION CONTACT: Coleman Sachs, Office of Vehicle Safety Compliance, NHTSA (202-366-3151). SUPPLEMENTARY INFORMATION: Background Under 49 U.S.C. 30141(a)(1)(A), a motor vehicle that was not originally manufactured to conform to all applicable FMVSS 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 sale in the United States, certified under 49 U.S.C. 30115, 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 FMVSS. 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** . J.K. Technologies, LLC, of Baltimore, Maryland (“J.K.”) (Registered Importer 90-006) has petitioned NHTSA to decide whether non-U.S. certified 2004- 2005 Vespa LX and PX model motorcycles are eligible for importation into the United States. The vehicles that J.K. believes are substantially similar are 2004-2005 Vespa LX and PX model motorcycles that were manufactured for sale in the United States and certified by their manufacturer as conforming to all applicable FMVSS. The petitioner claims that it carefully compared non-U.S. certified 2004-2005 Vespa LX and PX model motorcycles to their U.S. certified counterparts, and found the vehicles to be substantially similar with respect to compliance with most FMVSS. J.K. submitted information with its petition intended to demonstrate that non-U.S. certified 2004-2005 Vespa LX and PX model motorcycles, as originally manufactured, conform to many FMVSS in the same manner as their U.S. certified counterparts, or are capable of being readily altered to conform to those standards. Specifically, the petitioner claims that non-U.S. certified 2004-2005 Vespa LX and PX model motorcycles are identical to their U.S. certified counterparts with respect to compliance with Standard Nos. 106 *Brake Hoses* , 116 *Brake Fluid* , 119 *New Pneumatic Tires for Vehicles other than Passenger Cars* , 120 *Tire Selection and Rims for Vehicles other than Passenger Cars* , and 122 *Motorcycle Brake Systems.* The petitioner further contends that the vehicles are capable of being readily altered to meet the following standards, in the manner indicated below: Standard No. 108 *Lamps, Reflective Devices and Associated Equipment:* Installation of the following U.S.-certified components on vehicles not already so equipped:
(a)Headlamps;
(b)front and rear side-mounted reflex reflectors; and
(c)rear-mounted reflex reflector. Standard No. 111 *Rearview Mirrors:* Inspection of all vehicles, and installation of U.S.-model rearview mirrors on vehicles that are not already so equipped. Standard No. 123 *Motorcycle Controls and Displays:* Installation of a U.S.-model instrument cluster to meet the requirements of this standard. Standard No. 205 *Glazing Materials:* Inspection of all vehicles, and removal of noncompliant glazing or replacement of the glazing with U.S.-certified components on vehicles that are not already so equipped. All comments received before the close of business on the closing date indicated above will be considered, and will be available for examination in the docket at the above address both before and after that date. To the extent possible, comments filed after the closing date will also be considered. Notice of final action on the petition will be published in the **Federal Register** pursuant to the authority indicated below. Authority: 49 U.S.C. 30141(a)(1)(A) and (b)(1); 49 CFR 593.8; delegations of authority at 49 CFR 1.50 and 501.8. Issued on: October 16, 2007. Claude H. Harris, Director, Office of Vehicle Safety Compliance. [FR Doc. E7-20775 Filed 10-19-07; 8:45 am] BILLING CODE 4910-59-P DEPARTMENT OF TRANSPORTATION National Highway Traffic Safety Administration [Docket No. NHTSA-2007-0008] Notice of Receipt of Petition for Decision That Nonconforming 1993 Ducati 888 Motorcycles Are Eligible for Importation AGENCY: National Highway Traffic Safety Administration, DOT. ACTION: Notice of receipt of petition for decision that nonconforming 1993 Ducati 888 motorcycles are eligible for importation. SUMMARY: This document announces receipt by the National Highway Traffic Safety Administration (NHTSA) of a petition for a decision that 1993 Ducati 888 motorcycles that were not originally manufactured to comply with all applicable Federal motor vehicle safety standards (FMVSS) are eligible for importation into the United States because
(1)they are substantially similar to vehicles that were originally manufactured for sale in the United States and that were certified by their manufacturer as complying with the safety standards, and
(2)they are capable of being readily altered to conform to the standards. DATES: The closing date for comments on the petition is November 21, 2007. ADDRESSES: Comments should refer to the docket and notice numbers above and be submitted by any of the following methods: • *Federal eRulemaking Portal:* Go to *http://www.regulations.gov* . Follow the online instructions for submitting comments. • *Mail:* Docket Management Facility: U.S. Department of Transportation, 1200 New Jersey Avenue, SE., West Building Ground Floor, Room W12-140, Washington, DC 20590-0001. • *Hand Delivery or Courier:* West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue, SE., between 9 a.m. and 5 p.m. ET, Monday through Friday, except Federal holidays. • *Fax:* 202-493-2251. *Instructions:* Comments must be written in the English language, and be no greater than 15 pages in length, although there is no limit to the length of necessary attachments to the comments. If comments are submitted in hard copy form, please ensure that two copies are provided. If you wish to receive confirmation that your comments were received, please enclose a stamped, self-addressed postcard with the comments. Note that all comments received will be posted without change to *http://www.regulations.gov* , including any personal information provided. Please see the Privacy Act heading below. *Privacy Act:* Anyone is able to search the electronic form of all comments received into any of our dockets by the name of the individual submitting the comment (or signing the comment, if submitted on behalf of an association, business, labor union, etc.). You may review DOT's complete Privacy Act Statement in the **Federal Register** published on April 11, 2000 (65 FR 19477-78) or you may visit *http://DocketInfo.dot.gov* . *How to Read Comments Submitted to the Docket:* You may read the comments received by Docket Management at the address and times given above. You may also see the comments on the Internet. To read the comments on the Internet, take the following steps:
(1)Go to the Federal Docket Management System
(FDMS)Web page *http://www.regulations.gov.*
(2)On that page, click on “search for dockets.”
(3)On the next page ( *http://www.regulations.gov/fdmspublic/component/main* ), select NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION from the drop-down menu in the Agency field, enter the Docket ID number and title shown at the heading of this document, and select “Nonrulemaking” from the drop-down menu in the Type field and “Vehicle Import Eligibility” in the drop-down menu in the Sub-Type field.
(4)After entering that information, click on “submit.”
(5)The next page contains docket summary information for the docket you selected. Click on the comments you wish to see. You may download the comments. Although the comments are imaged documents, instead of the word processing documents, the “pdf” versions of the documents are word searchable. Please note that even after the comment closing date, we will continue to file relevant information in the Docket as it becomes available. Further, some people may submit late comments. Accordingly, we recommend that you periodically search the Docket for new material. FOR FURTHER INFORMATION CONTACT: Coleman Sachs, Office of Vehicle Safety Compliance, NHTSA (202-366-3151). SUPPLEMENTARY INFORMATION: Background Under 49 U.S.C. 30141(a)(1)(A), a motor vehicle that was not originally manufactured to conform to all applicable FMVSS 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 sale in the United States, certified under 49 U.S.C. 30115, 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 FMVSS. 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** . J.K. Technologies, LLC, of Baltimore, Maryland (“J.K.”) (Registered Importer 90-006) has petitioned NHTSA to decide whether non-U.S. certified 1993 Ducati 888 motorcycles are eligible for importation into the United States. The vehicles that J.K. believes are substantially similar are 1993 Ducati 888 motorcycles that were manufactured for sale in the United States and certified by their manufacturer as conforming to all applicable FMVSS. The petitioner claims that it carefully compared non-U.S. certified 1993 Ducati 888 motorcycles to their U.S. certified counterparts, and found the vehicles to be substantially similar with respect to compliance with most FMVSS. J.K. submitted information with its petition intended to demonstrate that non-U.S. certified 1993 Ducati 888 motorcycles, as originally manufactured, conform to many FMVSS in the same manner as their U.S. certified counterparts, or are capable of being readily altered to conform to those standards. Specifically, the petitioner claims that non-U.S. certified 1993 Ducati 888 motorcycles are identical to their U.S. certified counterparts with respect to compliance with Standard Nos. 106 *Brake Hoses* , 111 *Rearview Mirrors* , 116 *Brake Fluid* , 119 *New Pneumatic Tires for Vehicles other than Passenger Cars* , 120 *Tire Selection and Rims for Vehicles other than Passenger Cars* , 122 *Motorcycle Brake Systems* , and 123 *Motorcycle Controls and Displays.* The petitioner further contends that the vehicles are capable of being readily altered to meet the following standards, in the manner indicated below: Standard No. 108 *Lamps, Reflective Devices and Associated Equipment:* installation of U.S.-certified headlamps. Standard No. 205 *Glazing Materials:* inspection of all vehicles, and removal of noncompliant glazing or replacement of the glazing with U.S.-certified components on vehicles that are not already so equipped. All comments received before the close of business on the closing date indicated above will be considered, and will be available for examination in the docket at the above address both before and after that date. To the extent possible, comments filed after the closing date will also be considered. Notice of final action on the petition will be published in the **Federal Register** pursuant to the authority indicated below. Authority: 49 U.S.C. 30141(a)(1)(A) and (b)(1); 49 CFR 593.8; delegations of authority at 49 CFR 1.50 and 501.8. Issued on: October 16, 2007. Claude H. Harris, Director, Office of Vehicle Safety Compliance. [FR Doc. E7-20777 Filed 10-19-07; 8:45 am] BILLING CODE 4910-59-P DEPARTMENT OF TRANSPORTATION National Highway Traffic Safety Administration [Docket No. NHTSA-2007-0009] Notice of Receipt of Petition for Decision That Nonconforming 2007 Harley Davidson FXSTC Soft Tail Custom Motorcycles Are Eligible for Importation AGENCY: National Highway Traffic Safety Administration, DOT. ACTION: Notice of receipt of petition for decision that nonconforming 2007 Harley Davidson FXSTC Soft Tail Custom motorcycles are eligible for importation. SUMMARY: This document announces receipt by the National Highway Traffic Safety Administration (NHTSA) of a petition for a decision that 2007 Harley Davidson FXSTC Soft Tail Custom motorcycles that were not originally manufactured to comply with all applicable Federal motor vehicle safety standards (FMVSS) are eligible for importation into the United States because
(1)they are substantially similar to vehicles that were originally manufactured for sale in the United States and that were certified by their manufacturer as complying with the safety standards, and
(2)they are capable of being readily altered to conform to the standards. DATES: The closing date for comments on the petition is November 21, 2007. ADDRESSES: Comments should refer to the docket and notice numbers above and be submitted by any of the following methods: • *Federal eRulemaking Portal:* Go to *http://www.regulations.gov.* Follow the online instructions for submitting comments. • *Mail:* Docket Management Facility: U.S. Department of Transportation, 1200 New Jersey Avenue SE., West Building Ground Floor, Room W12-140, Washington, DC 20590-0001. • *Hand Delivery or Courier:* West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue SE., between 9 a.m. and 5 p.m. ET, Monday through Friday, except Federal holidays. • *Fax:* 202-493-2251. *Instructions:* Comments must be written in the English language, and be no greater than 15 pages in length, although there is no limit to the length of necessary attachments to the comments. If comments are submitted in hard copy form, please ensure that two copies are provided. If you wish to receive confirmation that your comments were received, please enclose a stamped, self-addressed postcard with the comments. Note that all comments received will be posted without change to *http://www.regulations.gov,* including any personal information provided. Please see the Privacy Act heading below. *Privacy Act:* Anyone is able to search the electronic form of all comments received into any of our dockets by the name of the individual submitting the comment (or signing the comment, if submitted on behalf of an association, business, labor union, etc.). You may review DOT's complete Privacy Act Statement in the **Federal Register** published on April 11, 2000 (65 FR 19477-78) or you may visit *http://DocketInfo.dot.gov* . *How to Read Comments Submitted to the Docket:* You may read the comments received by Docket Management at the address and times given above. You may also see the comments on the Internet. To read the comments on the Internet, take the following steps:
(1)Go to the Federal Docket Management System
(FDMS)Web page *http://www.regulations.gov.*
(2)On that page, click on “search for dockets.”
(3)On the next page ( *http://www.regulations.gov/fdmspublic/component/main* ), select NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION from the drop-down menu in the Agency field, enter the Docket ID number and title shown at the heading of this document, and select “Nonrulemaking” from the drop-down menu in the Type field and “Vehicle Import Eligibility” in the drop-down menu in the Sub-Type field.
(4)After entering that information, click on “submit.”
(5)The next page contains docket summary information for the docket you selected. Click on the comments you wish to see. You may download the comments. Although the comments are imaged documents, instead of the word processing documents, the “pdf” versions of the documents are word searchable. Please note that even after the comment closing date, we will continue to file relevant information in the Docket as it becomes available. Further, some people may submit late comments. Accordingly, we recommend that you periodically search the Docket for new material. FOR FURTHER INFORMATION CONTACT: Coleman Sachs, Office of Vehicle Safety Compliance, NHTSA (202-366-3151). SUPPLEMENTARY INFORMATION: Background Under 49 U.S.C. 30141(a)(1)(A), a motor vehicle that was not originally manufactured to conform to all applicable FMVSS 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 sale in the United States, certified under 49 U.S.C. 30115, 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 FMVSS. 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** . J.K. Technologies, LLC, of Baltimore, Maryland (“J.K.”) (Registered Importer 90-006) has petitioned NHTSA to decide whether non-U.S. certified 2007 Harley Davidson FXSTC Soft Tail Custom motorcycles are eligible for importation into the United States. The vehicles that J.K. believes are substantially similar are 2007 Harley Davidson FXSTC Soft Tail Custom motorcycles that were manufactured for sale in the United States and certified by their manufacturer as conforming to all applicable FMVSS. The petitioner claims that it carefully compared non-U.S. certified 2007 Harley Davidson FXSTC Soft Tail Custom motorcycles to their U.S. certified counterparts, and found the vehicles to be substantially similar with respect to compliance with most FMVSS. J.K. submitted information with its petition intended to demonstrate that non-U.S. certified 2007 Harley Davidson FXSTC Soft Tail Custom motorcycles, as originally manufactured, conform to many FMVSS in the same manner as their U.S. certified counterparts, or are capable of being readily altered to conform to those standards. Specifically, the petitioner claims that non-U.S. certified 2007 Harley Davidson FXSTC Soft Tail Custom motorcycles are identical to their U.S. certified counterparts with respect to compliance with Standard Nos. 106 *Brake Hoses,* 111 *Rearview Mirrors,* 116 *Brake Fluid,* 119 *New Pneumatic Tires for Vehicles other than Passenger Cars,* 120 *Tire Selection and Rims for Vehicles other than Passenger Cars,* and 122 *Motorcycle Brake Systems.* The petitioner further contends that the vehicles are capable of being readily altered to meet the following standards, in the manner indicated below: Standard No. 108 *Lamps, Reflective Devices and Associated Equipment:* installation of the following U.S.-certified components on vehicles not already so equipped:
(a)Headlamp;
(b)front and rear side-mounted reflex reflectors;
(c)rear-mounted reflex reflector;
(d)turn signal lamps;
(e)stoplamp;
(f)taillamp; and
(g)license plate lamp. Standard No. 123 *Motorcycle Controls and Displays:* Installation of a U.S.-model instrument cluster to meet the requirements of this standard. Standard No. 205 *Glazing Materials:* Inspection of all vehicles, and removal of noncompliant glazing or replacement of the glazing with U.S.-certified components on vehicles that are not already so equipped. All comments received before the close of business on the closing date indicated above will be considered, and will be available for examination in the docket at the above address both before and after that date. To the extent possible, comments filed after the closing date will also be considered. Notice of final action on the petition will be published in the **Federal Register** pursuant to the authority indicated below. Authority: 49 U.S.C. 30141(a)(1)(A) and (b)(1); 49 CFR 593.8; delegations of authority at 49 CFR 1.50 and 501.8. Issued on: October 16, 2007. Claude H. Harris, Director, Office of Vehicle Safety Compliance. [FR Doc. E7-20788 Filed 10-19-07; 8:45 am] BILLING CODE 4910-59-P DEPARTMENT OF TRANSPORTATION National Highway Traffic Safety Administration Docket No. NHTSA-2007-0006 Notice of Receipt of Petition for Decision That Nonconforming 2000-2001 Moto Guzzi California Motorcycles Are Eligible for Importation AGENCY: National Highway Traffic Safety Administration, DOT. ACTION: Notice of receipt of petition for decision that nonconforming 2000-2001 Moto Guzzi California motorcycles are eligible for importation. SUMMARY: This document announces receipt by the National Highway Traffic Safety Administration (NHTSA) of a petition for a decision that 2000-2001 Moto Guzzi California motorcycles that were not originally manufactured to comply with all applicable Federal motor vehicle safety standards (FMVSS) are eligible for importation into the United States because
(1)they are substantially similar to vehicles that were originally manufactured for sale in the United States and that were certified by their manufacturer as complying with the safety standards, and
(2)they are capable of being readily altered to conform to the standards. DATE: The closing date for comments on the petition is November 21, 2007. ADDRESSES: Comments should refer to the docket and notice numbers above and be submitted by any of the following methods: • *Federal eRulemaking Portal:* Go to *http://www.regulations.gov* . Follow the online instructions for submitting comments. • *Mail:* Docket Management Facility: U.S. Department of Transportation, 1200 New Jersey Avenue, SE., West Building Ground Floor, Room W12-140, Washington, DC 20590-0001 • *Hand Delivery or Courier:* West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue, SE., between 9 a.m. and 5 p.m. ET, Monday through Friday, except Federal holidays. • *Fax:* 202-493-2251 *Instructions:* Comments must be written in the English language, and be no greater than 15 pages in length, although there is no limit to the length of necessary attachments to the comments. If comments are submitted in hard copy form, please ensure that two copies are provided. If you wish to receive confirmation that your comments were received, please enclose a stamped, self-addressed postcard with the comments. Note that all comments received will be posted without change to *http://www.regulations.gov* , including any personal information provided. Please see the Privacy Act heading below. *Privacy Act:* Anyone is able to search the electronic form of all comments received into any of our dockets by the name of the individual submitting the comment (or signing the comment, if submitted on behalf of an association, business, labor union, etc.). You may review DOT's complete Privacy Act Statement in the **Federal Register** published on April 11, 2000 (65 FR 19477-78) or you may visit *http://DocketInfo.dot.gov.* *How to Read Comments submitted to the Docket:* You may read the comments received by Docket Management at the address and times given above. You may also see the comments on the Internet. To read the comments on the Internet, take the following steps:
(1)Go to the Federal Docket Management System
(FDMS)Web page *http://www.regulations.gov.*
(2)On that page, click on “search for dockets.”
(3)On the next page ( *http://www.regulations.gov/fdmspublic/component/main* ), select NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION from the drop-down menu in the Agency field, enter the Docket ID number and title shown at the heading of this document, and select “Nonrulemaking” from the drop-down menu in the Type field and “Vehicle Import Eligibility” in the drop-down menu in the Sub-Type field.
(4)After entering that information, click on “submit.”
(5)The next page contains docket summary information for the docket you selected. Click on the comments you wish to see. You may download the comments. Although the comments are imaged documents, instead of the word processing documents, the “pdf” versions of the documents are word searchable. Please note that even after the comment closing date, we will continue to file relevant information in the Docket as it becomes available. Further, some people may submit late comments. Accordingly, we recommend that you periodically search the Docket for new material. FOR FURTHER INFORMATION CONTACT: Coleman Sachs, Office of Vehicle Safety Compliance, NHTSA (202-366-3151). SUPPLEMENTARY INFORMATION: Background Under 49 U.S.C. 30141(a)(1)(A), a motor vehicle that was not originally manufactured to conform to all applicable FMVSS 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 sale in the United States, certified under 49 U.S.C. 30115, 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 FMVSS. 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** . J.K. Technologies, LLC, of Baltimore, Maryland (“J.K.”) (Registered Importer 90-006) has petitioned NHTSA to decide whether non-U.S. certified 2000-2001 Moto Guzzi California motorcycles are eligible for importation into the United States. The vehicles that J.K. believes are substantially similar are 2000-2001 Moto Guzzi California motorcycles that were manufactured for sale in the United States and certified by their manufacturer as conforming to all applicable FMVSS. The petitioner claims that it carefully compared non-U.S. certified 2000-2001 Moto Guzzi California motorcycles to their U.S. certified counterparts, and found the vehicles to be substantially similar with respect to compliance with most FMVSS. J.K. submitted information with its petition intended to demonstrate that non-U.S. certified 2000-2001 Moto Guzzi California motorcycles, as originally manufactured, conform to many FMVSS in the same manner as their U.S. certified counterparts, or are capable of being readily altered to conform to those standards. Specifically, the petitioner claims that non-U.S. certified 2000-2001 Moto Guzzi California motorcycles are identical to their U.S. certified counterparts with respect to compliance with Standard Nos. 106 *Brake Hoses* , 116 *Brake Fluid* , 119 *New Pneumatic Tires for Vehicles other than Passenger Cars* , 120 *Tire Selection and Rims for Vehicles other than Passenger Cars* , and 122 *Motorcycle Brake Systems.* The petitioner further contends that the vehicles are capable of being readily altered to meet the following standards, in the manner indicated below: Standard No. 108 *Lamps, Reflective Devices and Associated Equipment:* Installation of the following U.S.-certified components on vehicles not already so equipped:
(a)headlamps;
(b)front and rear side-mounted reflex reflectors; and
(c)rear-mounted reflex reflector. Standard No. 111 *Rearview Mirrors:* Inspection of all vehicles, and installation of U.S.-model rearview mirrors on vehicles that are not already so equipped. Standard No. 123 *Motorcycle Controls and Displays:* Installation of a U.S.-model instrument cluster to meet the requirements of this standard. Standard No. 205 *Glazing Materials:* Inspection of all vehicles, and removal of noncompliant glazing or replacement of the glazing with U.S.-certified components on vehicles that are not already so equipped. All comments received before the close of business on the closing date indicated above will be considered, and will be available for examination in the docket at the above address both before and after that date. To the extent possible, comments filed after the closing date will also be considered. Notice of final action on the petition will be published in the ** Federal Register ** pursuant to the authority indicated below. Authority: 49 U.S.C. 30141(a)(1)(A) and (b)(1); 49 CFR 593.8; delegations of authority at 49 CFR 1.50 and 501.8. Issued on: October 16, 2007. Claude H. Harris, Director, Office of Vehicle Safety Compliance. [FR Doc. E7-20790 Filed 10-19-07; 8:45 am] BILLING CODE 4910-59-P DEPARTMENT OF THE TREASURY Internal Revenue Service [INTL-9-95] Proposed Collection; Comment Request for Regulation Project AGENCY: Internal Revenue Service (IRS), Treasury. ACTION: Notice and request for comments. SUMMARY: The Department of the Treasury, as part of its continuing effort to reduce paperwork and respondent burden, invites the general public and other Federal agencies to take this opportunity to comment on proposed and/or continuing information collections, as required by the Paperwork Reduction Act of 1995, Public Law 104-13 (44 U.S.C. 3506(c)(2)(A)). Currently, the IRS is soliciting comments concerning an existing final regulation, INTL-9-95 (TD 8702), Certain Transfers of Domestic Stock or Securities by U.S. Persons to Foreign Corporations (§ 1.367(a)-3). DATES: Written comments should be received on or before December 21, 2007 to be assured of consideration. ADDRESSES: Direct all written comments to Glenn P. Kirkland, Internal Revenue Service, room 6129, 1111 Constitution Avenue, NW., Washington, DC 20224. FOR FURTHER INFORMATION CONTACT: Requests for additional information or copies of the regulations should be directed to R. Joseph Durbala at Internal Revenue Service, room 6129, 1111 Constitution Avenue, NW., Washington, DC 20224, or at
(202)622-3634, or through the internet at *RJoseph.Durbala@irs.gov* . SUPPLEMENTARY INFORMATION: *Title:* Certain Transfers of Domestic Stock or Securities by U.S. Persons to Foreign Corporations. *OMB Number:* 1545-1478. *Regulation Project Number:* INTL-9-95. *Abstract:* This regulation relates to certain transfers of stock or securities of domestic corporations pursuant to the corporate organization, reorganization, or liquidation provisions of the internal Revenue Code. Transfers of stock or securities by U.S. persons in tax-free transactions are treated as taxable transactions when the acquirer is a foreign corporation, unless an exception applies under Code section 367(a). This regulation provides that no U.S. person will qualify for an exception unless the U.S. target company complies with certain reporting requirements. *Current Actions:* There is no change to this existing regulation. *Type of Review:* Extension of a currently approved collection. *Affected Public:* Business or other for-profit organizations. *Estimated Number of Responses:* 100. *Estimated Time Per Response:* 10 hours. *Estimated Total Annual Burden Hours:* 1,000. The following paragraph applies to all of the collections of information covered by this notice: An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless the collection of information displays a valid OMB control number. Books or records relating to a collection of information must be retained as long as their contents may become material in the administration of any internal revenue law. Generally, tax returns and tax return information are confidential, as required by 26 U.S.C. 6103. *Request for Comments:* Comments submitted in response to this notice will be summarized and/or included in the request for OMB approval. All comments will become a matter of public record. Comments are invited on:
(a)Whether the collection of information is necessary for the proper performance of the functions of the agency, including whether the information shall have practical utility;
(b)the accuracy of the agency's estimate of the burden of the collection of information;
(c)ways to enhance the quality, utility, and clarity of the information to be collected;
(d)ways to minimize the burden of the collection of information on respondents, including through the use of automated collection techniques or other forms of information technology; and
(e)estimates of capital or start-up costs and costs of operation, maintenance, and purchase of services to provide information. Approved: October 9, 2007. Glenn P. Kirkland, IRS Reports Clearance Officer. [FR Doc. E7-20704 Filed 10-19-07; 8:45 am] BILLING CODE 4830-01-P DEPARTMENT OF THE TREASURY Internal Revenue Service Proposed Collection; Comment Request for Form 13551 AGENCY: Internal Revenue Service (IRS), Treasury. ACTION: Notice and request for comments. SUMMARY: The Department of the Treasury, as part of its continuing effort to reduce paperwork and respondent burden, invites the general public and other Federal agencies to take this opportunity to comment on proposed and/or continuing information collections, as required by the Paperwork Reduction Act of 1995, Public Law 104-13 (44 U.S.C. 3506(c)(2)(A)). Currently, the IRS is soliciting comments concerning Form 13551, Application to Participate in the IRS Acceptance Agent Program. DATES: Written comments should be received on or before December 21, 2007 to be assured of consideration. ADDRESSES: Direct all written comments to Glenn P. Kirkland, Internal Revenue Service, room 6129, 1111 Constitution Avenue, NW., Washington, DC 20224. FOR FURTHER INFORMATION CONTACT: Requests for additional information or copies of the form and instructions should be directed to R. Joseph Durbala at Internal Revenue Service, room 6129, 1111 Constitution Avenue, NW., Washington, DC 20224, or at
(202)622-3634, or through the internet at *RJoseph.Durbala@irs.gov* . SUPPLEMENTARY INFORMATION: *Title:* Application to Participate in the IRS Acceptance Agent Program. *OMB Number:* 1545-1896. *Form Number:* 13551. *Abstract:* Form 13551 is used to gather information to determine applicant's eligibility in the Acceptance Agent Program. *Current Actions:* There are no changes being made to the form at this time. *Type of Review:* Extension of a currently approved collection. *Affected Public:* Businesses or other for-profit organizations, not-for-profit institutions, and Federal, state, local or tribal government. *Estimated Number of Respondents:* 12,825. *Estimated Time Per Respondent:* 30 minutes. *Estimated Total Annual Burden Hours:* 6,413. The following paragraph applies to all of the collections of information covered by this notice: An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless the collection of information displays a valid OMB control number. Books or records relating to a collection of information must be retained as long as their contents may become material in the administration of any internal revenue law. Generally, tax returns and tax return information are confidential, as required by 26 U.S.C. 6103. *Request for Comments:* Comments submitted in response to this notice will be summarized and/or included in the request for OMB approval. All comments will become a matter of public record. Comments are invited on:
(a)Whether the collection of information is necessary for the proper performance of the functions of the agency, including whether the information shall have practical utility;
(b)the accuracy of the agency's estimate of the burden of the collection of information;
(c)ways to enhance the quality, utility, and clarity of the information to be collected;
(d)ways to minimize the burden of the collection of information on respondents, including through the use of automated collection techniques or other forms of information technology; and
(e)estimates of capital or start-up costs and costs of operation, maintenance, and purchase of services to provide information. Approved: October 9, 2007. Glenn P. Kirkland, IRS Reports Clearance Officer. [FR Doc. E7-20705 Filed 10-19-07; 8:45 am] BILLING CODE 4830-01-P DEPARTMENT OF THE TREASURY Internal Revenue Service Proposed Collection; Comment Request for Foreign Based Importer Non-Filers Questionnaire AGENCY: Internal Revenue Service (IRS), Treasury. ACTION: Notice and request for comments. SUMMARY: The Department of the Treasury, as part of its continuing effort to reduce paperwork and respondent burden, invites the general public and other Federal agencies to take this opportunity to comment on proposed and/or continuing information collections, as required by the Paperwork Reduction Act of 1995, Public Law 104-13 (44 U.S.C. 3506(c)(2)(A)). Currently, the IRS is soliciting comments concerning the Foreign Based Importer Non-Filers Questionnaire. DATES: Written comments should be received on or before December 21, 2007 to be assured of consideration. ADDRESSES: Direct all written comments to Glenn P. Kirkland, Internal Revenue Service, room 6129, 1111 Constitution Avenue NW., Washington, DC 20224. FOR FURTHER INFORMATION CONTACT: Requests for additional information or copies of the form and instructions should be directed to R. Joseph Durbala,
(202)622-3634, at Internal Revenue Service, room 6129, 1111 Constitution Avenue NW., Washington, DC 20224, or through the internet at *RJoseph.Durbala@irs.gov.* SUPPLEMENTARY INFORMATION: *Title:* Foreign Based Importer Non-Filers Questionnaire. *OMB Number:* 1545-2084. *Form Number:* N/A. *Abstract:* Foreign corporations are subject to U.S. Income Tax on income that is effectively connected with a U.S. trade or business and are required to file a U.S. Income tax return reporting taxable income. However, based on the public information available, it is not readily determinable without further research that U.S. Income Tax compliance has been fulfilled. Therefore, IDRS will be utilized to determine if filing compliance has been met. This contact letter is sent to taxpayers who appear to have a U.S. trade or business and have not filed a U.S. Income Tax return or filed a protective 1120F. *Current Actions:* There is no change in the paperwork burden previously approved by OMB. This form is being submitted for renewal purposes only. *Type of Review:* Extension of a currently approved collection. *Affected Public:* Businesses and other for-profit organizations. *Estimated Number of Respondents:* 90. *Estimated Time Per Respondent:* 1 hour. *Estimated Total Annual Burden Hours:* 30. The following paragraph applies to all of the collections of information covered by this notice: An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless the collection of information displays a valid OMB control number. Books or records relating to a collection of information must be retained as long as their contents may become material in the administration of any internal revenue law. Generally, tax returns and tax return information are confidential, as required by 26 U.S.C. 6103. *Request for Comments:* Comments submitted in response to this notice will be summarized and/or included in the request for OMB approval. All comments will become a matter of public record. Comments are invited on:
(a)Whether the collection of information is necessary for the proper performance of the functions of the agency, including whether the information shall have practical utility;
(b)the accuracy of the agency's estimate of the burden of the collection of information;
(c)ways to enhance the quality, utility, and clarity of the information to be collected;
(d)ways to minimize the burden of the collection of information on respondents, including through the use of automated collection techniques or other forms of information technology; and
(e)estimates of capital or start-up costs and costs of operation, maintenance, and purchase of services to provide information. Approved: October 9, 2007. Glenn P. Kirkland, IRS Reports Clearance Officer. [FR Doc. E7-20706 Filed 10-19-07; 8:45 am] BILLING CODE 4830-01-P DEPARTMENT OF THE TREASURY Internal Revenue Service Proposed Collection; Comment Request for Notice 98-52 and REG-108639-99 AGENCY: Internal Revenue Service (IRS), Treasury. ACTION: Notice and request for comments. SUMMARY: The Department of the Treasury, as part of its continuing effort to reduce paperwork and respondent burden, invites the general public and other Federal agencies to take this opportunity to comment on proposed and/or continuing information collections, as required by the Paperwork Reduction Act of 1995, Public Law 104-13 (44 U.S.C. 3506(c)(2)(A)). Currently, the IRS is soliciting comments concerning Notice 98-52, Cash or Deferred Arrangements; Nondiscrimination, and existing notice of proposed rulemaking, REG-108639-99, Retirement Plans; Cash or Deferred Arrangements Under Section 401(k) and Matching Contributions or Employee Contributions Under Section 401(m)(§§ 1.401(k)-3(d) and 1.401(m)-3(e). DATES: Written comments should be received on or before December 21, 2007 to be assured of consideration. ADDRESSES: Direct all written comments to Glenn P. Kirkland, Internal Revenue Service, room 6129, 1111 Constitution Avenue, NW., Washington, DC 20224. FOR FURTHER INFORMATION CONTACT: Requests for additional information or copies of the notice and regulation should be directed to R. Joseph Durbala at Internal Revenue Service, room 6129, 1111 Constitution Avenue, NW., Washington, DC 20224, or at
(202)622-3634, or through the internet at *RJoseph.Durbala@irs.gov* . SUPPLEMENTARY INFORMATION: *Title:* Cash or Deferred Arrangements; Nondiscrimination (Notice 98-52), Retirement Plans; Cash or Deferred Arrangements Under Section 401(k) and Matching Contributions or Employee Contributions Under Section 401(m)(REG-108639-9). *OMB Number:* 1545-1624. *Notice Number:* Notice 98-52. *Regulation Project Number:* REG-108639-99. *Abstract:* This notice provides guidance to plan administrators, plan sponsors, etc., regarding nondiscriminatory safe harbors with respect to Internal Revenue Code sections 401(k)(12) and 401(m)(11), as amended by the Small Business Job Protection Act of 1996. The safe harbor provisions pertain to the actual deferral percentage test and the actual contribution percentage test for cash or deferred arrangements and for defined contribution plans. To take advantage of the safe harbor provisions, plan sponsors must amend their plans to reflect the new law and must provide plan participants with an annual notice describing the benefits available under the plan. *Current Actions:* There are no changes being made to the notice at this time. *Type of Review:* Extension of a currently approved collection. *Affected Public:* Business or other for-profit organizations, and not-for-profit institutions. *Estimated Number of Respondents:* 60,000. *Estimated Time per Respondent:* 1 hour, 20 minutes. *Estimated Total Annual Burden Hours:* 80,000. The following paragraph applies to all of the collections of information covered by this notice: An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless the collection of information displays a valid OMB control number. Books or records relating to a collection of information must be retained as long as their contents may become material in the administration of any internal revenue law. Generally, tax returns and tax return information are confidential, as required by 26 U.S.C. 6103. *Request for Comments:* Comments submitted in response to this notice will be summarized and/or included in the request for OMB approval. All comments will become a matter of public record. Comments are invited on:
(a)Whether the collection of information is necessary for the proper performance of the functions of the agency, including whether the information shall have practical utility;
(b)the accuracy of the agency's estimate of the burden of the collection of information;
(c)ways to enhance the quality, utility, and clarity of the information to be collected;
(d)ways to minimize the burden of the collection of information on respondents, including through the use of automated collection techniques or other forms of information technology; and
(e)estimates of capital or start-up costs and costs of operation, maintenance, and purchase of services to provide information. Approved: October 9, 2007. Glenn P. Kirkland, IRS Reports Clearance Officer. [FR Doc. E7-20720 Filed 10-19-07; 8:45 am] BILLING CODE 4830-01-P DEPARTMENT OF THE TREASURY Internal Revenue Service Art Advisory Panel—Notice of Closed Meeting AGENCY: Internal Revenue Service, Treasury. ACTION: Notice of closed meeting of Art Advisory Panel. SUMMARY: Closed meeting of the Art Advisory Panel will be held in Washington, DC. DATES: The meeting will be held November 15, 2007. ADDRESSES: The closed meeting of the Art Advisory Panel will be held on November 15, 2007, in Room 4200E beginning at 9:30 a.m., Franklin Court Building, 1099 14th Street, NW., Washington, DC 20005. FOR FURTHER INFORMATION CONTACT: Karen Carolan, C:AP:AS, 1099 14th Street, NW., Washington, DC 20005. Telephone
(202)435-5609 (not a toll-free number). SUPPLEMENTARY INFORMATION: Notice is hereby given pursuant to section 10(a)(2) of the Federal Advisory Committee Act, 5 U.S.C. App., that a closed meeting of the Art Advisory Panel will be held on November 15, 2007, in Room 4200E beginning at 9:30 a.m., Franklin Court Building, 1099 14th Street, NW., Washington, DC 20005. The agenda will consist of the review and evaluation of the acceptability of fair market value appraisals of works of art involved in Federal income, estate, or gift tax returns. This will involve the discussion of material in individual tax returns made confidential by the provisions of 26 U.S.C. 6103. A determination as required by section 10(d) of the Federal Advisory Committee Act has been made that this meeting is concerned with matters listed in section 552b(c)(3), (4), (6), and (7), and that the meeting will not be open to the public. Sarah Hall Ingram, Chief, Appeals. [FR Doc. E7-20719 Filed 10-19-07; 8:45 am] BILLING CODE 4830-01-P DEPARTMENT OF THE TREASURY Internal Revenue Service Electronic Tax Administration Advisory Committee (ETAAC) AGENCY: Internal Revenue Service (IRS), Treasury. ACTION: Notice of open meeting. SUMMARY: In 1998 the Internal Revenue Service established the Electronic Tax Administration Advisory Committee (ETAAC). The primary purpose of ETAAC is for industry partners to provide an organized public forum for discussion of electronic tax administration issues in support of the overriding goal that paperless filing should be the preferred and most convenient method of filing tax and information returns. ETAAC offers constructive observations about current or proposed policies, programs, and procedures, and suggests improvements. Listed is a summary of the agenda along with the planned discussion topics. Summarized Agenda 8:30 a.m. Meet and Greet. 9 a.m. Meeting Opens. 10:30 a.m. Meeting Adjourns. The discussion topics are:
(1)Recommendations from the ETAAC.
(2)Written comments from the public.
(3)Establishment of ETAAC's new subcommittee: MeF 1040 Executive Steering Committee. Note: Last-minute changes to these topics are possible and could prevent advance notice. DATES: There will be a meeting of ETAAC on Thursday, November 15, 2007 at the Hotel Washington, Capital Room, 515 15 th Street, NW., Washington, DC 20004. You must register in advance to be put on a guest list to attend the meeting. This meeting will be open to the public, and will be in a room that accommodates approximately 40 people, including members of ETAAC and IRS officials. Members of the public may file written statements sharing ideas for electronic tax administration or comments on the key recommendations in the Annual Report to Congress *http://www.irs.gov/pub/irs-pdf/p3415.pdf* . Send written statements to *etaac@irs.gov* . Seats are available to members of the public on a first-come, first-served basis. Attendees are encouraged to arrive 30 minutes before the meeting begins. ADDRESSES: The meeting will be held at the Hotel Washington, Capital Room, 515 15 th Street, NW., Washington, DC 20004. FOR FURTHER INFORMATION CONTACT: You must provide your name in advance for the guest list. To receive a copy of the agenda or general information about ETAAC, please contact Cassandra Daniels at 202-283-2178 or at *etaac@irs.gov* by Thursday, November 8, 2007. Notification of intent should include your name, organization and telephone number. Please spell out all names if you leave a voice message. SUPPLEMENTARY INFORMATION: ETAAC reports to the Director, Electronic Tax Administration and Refundable Credits, who is also the executive responsible for the electronic tax administration program. Increasing participation by external stakeholders in the development and implementation of the strategy for electronic tax administration will help IRS achieve the goal that paperless filing should be the preferred and most convenient method of filing tax and information returns. ETAAC members are not paid for their time or services, but consistent with Federal regulations, they are reimbursed for their travel and lodging expenses to attend the public meetings, working sessions, and an orientation each year. Dated: Ocober 15, 2007. Phyllis Gattos, Acting Director, Strategic Services Division. [FR Doc. E7-20707 Filed 10-19-07; 8:45 am] BILLING CODE 4830-01-P 72 203 Monday, October 22, 2007 Rules and Regulations Part II Department of Transportation Federal Aviation Administration 14 CFR Parts 1, 11, 60 and 121 Flight Simulation Training Device Initial and Continuing Qualification and Use; Final Rule and Proposed Rule DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Parts 1, 11, 60, and 121 [Docket No. FAA-2002-12461; Amendment Nos. 1-59, 11-54, 60-2, 121-335] RIN 2120-AH07 Flight Simulation Training Device Initial and Continuing Qualification and Use AGENCY: Federal Aviation Administration, DOT. ACTION: Final rule; correction, delay of effective and compliance dates. SUMMARY: The Federal Aviation Administration
(FAA)is delaying the effective date of a final rule that established qualification requirements for flight simulation training devices (FSTD). In addition, because the new rule set forth specific dates for compliance, to ensure that individuals affected by the rule have adequate time to comply with the rule, the FAA will also delay the compliance date of the rule. The new rule consolidates and updates FSTD requirements that currently exist in different parts of the FAA's regulations and in advisory circulars. The extension of the effective date is necessary because the FAA has initiated a subsequent rulemaking that would provide greater harmonization with the international standards document for simulation. Delaying the effective date of the final rule will allow the agency to complete this subsequent rulemaking and amend the final rule that established qualification requirements for FSTD before the October 30, 2007, effective date. DATES: *Effective Dates:* The effective date of the rule establishing 14 CFR part 60 and amending 14 CFR parts 1, 11, and 121, published at 71 FR 63392 (October 30, 2006), is delayed from October 30, 2007, to May 30, 2008. In addition, the amendments in this document are effective May 30, 2008. *Compliance Dates:* The compliance date of the rule establishing 14 CFR part 60 is delayed from October 30, 2009, to May 30, 2010. FOR FURTHER INFORMATION CONTACT: Ed Cook, Air Transportation Division (AFS-200), Flight Standards Service, Federal Aviation Administration, 100 Hartsfield Centre Parkway, Suite 400, Atlanta, GA 30354; telephone: 404-832-4700. SUPPLEMENTARY INFORMATION: Availability of Rulemaking Documents You can get an electronic copy of rulemaking documents using the Internet by— 1. Searching the Federal eRulemaking Portal ( *http://www.regulations.gov* ); 2. Visiting the FAA's Regulations and Policies Web page at *http://www.faa.gov/regulations_policies/* ; or 3. Accessing the Government Printing Office's Web page at *http://www.gpoaccess.gov/fr/index.html.* You can also get a copy by sending a request to the Federal Aviation Administration, Office of Rulemaking, ARM-1, 800 Independence Avenue SW., Washington, DC 20591, or by calling
(202)267-9680. Make sure to identify the amendment number or docket number of this rulemaking. Anyone is able to search the electronic form of all comments received into any of our dockets by the name of the individual submitting the comment (or signing the comment, if submitted on behalf of an association, business, labor union, etc.). You may review DOT's complete Privacy Act statement in the **Federal Register** published on April 11, 2000 (Volume 65, Number 70; Pages 19477-78), or you may visit *http://DocketInfo.dot.gov.* Small Business Regulatory Enforcement Fairness Act The Small Business Regulatory Enforcement Fairness Act (SBREFA) of 1996 requires FAA to comply with small entity requests for information or advice about compliance with statutes and regulations within its jurisdiction. If you are a small entity and you have a question regarding this document, you may contact your local FAA official, or the person listed under FOR FURTHER INFORMATION CONTACT . You can find out more about SBREFA on the Internet at *http://www.faa.gov/regulations_policies/rulemaking/sbre_act/.* Authority for This Rulemaking The FAA's authority to issue rules regarding aviation safety is found in Title 49 of the United States Code. Subtitle I, Section 106 describes the authority of the FAA Administrator. Subtitle VII, Aviation Programs, describes in more detail the scope of the agency's authority. This rulemaking is promulgated under the authority described in Subtitle VII, Part A, subpart I, 49 U.S.C. 44701. Under that section, the FAA is charged with regulating air commerce in a way that best promotes safety. Background During the development of the part 60 final rule (hereinafter “part 60 Final Rule”) (October 30, 2006, 71 FR 63392), after the publication of the NPRM on September 25, 2002 (67 FR 60284), the FAA became aware of additional changes which needed to be made to the part 60 rule language. The need for additional changes was a result of requests by the aviation community to harmonize the rule with recent updates to international flight simulation standards. However, many of the changes were beyond the scope of the part 60 NPRM, and therefore, could not be included in the final rule. Rather than delay its efforts or issue a supplemental notice of proposed rulemaking, the FAA determined that the fastest approach would be to publish the part 60 Final Rule with an effective date delayed for one year after publication, and amend the technical requirements under the expedited Qualification Performance Standard
(QPS)amendment process. This approach avoided increased expenses, greater workload, and conflicting compliance requirements for sponsors who would be required to comply with part 60. However, the FAA has since determined that the additional changes would require an NPRM and the initial one year delay in the effective date established for part 60 is not sufficient for completion of this process. Therefore, the effective date for part 60 and the associated amendments to parts 1, 11, and 121 is extended to May 30, 2008. In addition, specific compliance dates for certain portions of part 60 were set forth in the part 60 Final Rule. Because of the delay of the effective date for part 60, to ensure that affected parties have adequate notice regarding compliance with the part 60 Final Rule, the FAA will extend this date from October 30, 2009, to May 30, 2010. Good Cause for Foregoing Public Notice and Comment Section 553(b)(3)(B) of the Administrative Procedure Act, 5 U.S.C. 553(b)(3)(B), authorizes agencies to dispense with certain notice procedures for rules when they find “good cause” to do so. Under section 553(b)(3)(B), the requirements of notice and opportunity for comment do not apply when the agency for good cause finds that those procedures are “impracticable, unnecessary, or contrary to the public interest.” In this case, the FAA finds that notice and public comment are unnecessary and contrary to the public interest. This action delays the effective date for the final rule published October 30, 2006 (71 FR 63392). We issued those regulations using the public notice and comment procedure. In that final rule, we stated “It is the FAA's intent the part 60 final rule not be effective until the first revision of the QPS appendices have been published in the **Federal Register** as a final rule.” 71 FR 63398. The FAA intends to publish a notice of proposed rulemaking inviting comments on the first revision of the QPS appendices in the near future. Additional public notice and comment is also contrary to the public interest since the public is best served by informing them as soon as possible of the delay in the effective date. If the FAA were to provide notice and comment, the public would not be informed of the delay in the effective date until close to October 30, 2007, the date on which the part 60 final rule is currently scheduled to become effective. Good Cause for Immediate Adoption Since neither the delay in the effective date nor the delay in the compliance date of the final rule imposes any new requirements or any additional burden on the regulated public, the FAA finds that good cause exists for immediate adoption of the new effective date and compliance date without a 30-day notice period. The Effect of Our Decision Our decision delays the effective date of the final rule (71 FR 63426, Oct. 30, 2006) establishing 14 CFR part 60 and amending 14 CFR parts 1, 11, and 121 from October 30, 2007, to May 30, 2008. Also, our decision delays compliance with certain sections of the final rule, as outlined below, from October 30, 2009, to May 30, 2010. The Amendment In Doc. No. FAA-2002-12461 appearing on page 63392 in the **Federal Register** of Monday, October 30, 2006 (71 FR 63392), the following corrections are made: § 60.5 [Corrected] 1. On page 63427, in the first column in Part 60 Flight Simulation Training Device Initial and Continuing Qualification, amend § 60.5(a) by removing the date “October 30, 2009” and adding in its place the date “May 30, 2010.” § 60.7 [Corrected] 2. On page 63427, in the second column in Part 60 Flight Simulation Training Device Initial and Continuing Qualification, amend § 60.7(b)(5) and (b)(6) (in two places) by removing the date “October 30, 2007” and adding in its place the date “May 30, 2008.” § 60.17 [Corrected] 3. On page 63429, in the third column in Part 60 Flight Simulation Training Device Initial and Continuing Qualification, amend § 60.17(a), (b), and
(d)by removing the date “October 30, 2007” and adding in its place the date “May 30, 2008” and further amend
(b)by removing the date “October 30, 2013” and adding in its place the date “May 30, 2014.” Issued in Washington, DC, on September 24, 2007. Rebecca Byers MacPherson, Assistant Chief Counsel for Regulations. [FR Doc. 07-4888 Filed 10-19-07; 8:45 am]
Connectionstraces to 18
Traces to 18 documents
22 references not yet in our index
  • 42 USC 4321-4351
  • 42 USC 7401-7671(q)
  • 16 USC 1531-1544
  • 16 USC 661-667(d)
  • 16 USC 469-469(c)
  • 25 USC 3001-3013
  • 42 USC 2000(d)
  • 7 USC 4201-4209
  • 33 USC 1251-1377
  • 16 USC 1451-1465
  • 16 USC 4601-4604
  • 33 USC 401-406
  • 42 USC 4001-4128
  • 42 USC 9601-9675
  • 42 USC 6901-6992(k)
  • 49 CFR 592
  • 49 CFR 593.7
  • 49 CFR 593.8
  • 49 CFR 1.50
  • Pub. L. 104-13
  • T.D. 8702
  • 14 CFR 60
Citation graph
cites case law
Rules and Regulations
Notice of limitation on claims for judicial review of actions by FHWA and other federal agencies
U.S.C.§ 139
U.S.C.§ 109
U.S.C.§ 303
U.S.C.§ 319
U.S.C.§ 757
U.S.C.§ 1801
U.S.C.§ 470
U.S.C.§ 1996
U.S.C.§ 61
Cite42 USC 4321-4351
Cite42 USC 7401-7671(q)
Cite16 USC 1531-1544
Cites 40 · showing 12Cited by 0 across 0 sources
★   the supreme law of the land   ★
Don't Tread on Me
E Pluribus Unum — out of many, one

"If you don't know your rights, you don't have any."

Marginalia · a citizen's law index
A research desk, not legal advice. Always read the cited source before relying on a summary.
Questions or an issue? support@self-law.org
disclaimerMarginalia is a research index, not a law firm. Nothing on this site is legal, tax, or financial advice and no attorney–client relationship is formed by using it. Statutes, regulations, and case law change; summaries, search results, AI output, and member posts may be incomplete, out of date, or wrong. Any interpretation drawn from material on this site should be validated by a licensed attorney in your jurisdiction before you act on it.