Notices. Invitation for public comments on a requested administrative waiver of the Coastwise Trade Laws for the vessel KANALOA

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BILLING CODE 4910-13-M DEPARTMENT OF TRANSPORTATION Maritime Administration [Docket No. MARAD-2008-0005] Requested Administrative Waiver of the Coastwise Trade Laws AGENCY: Maritime Administration, Department of Transportation. ACTION: Invitation for public comments on a requested administrative waiver of the Coastwise Trade Laws for the vessel KANALOA. SUMMARY: As authorized by Public Law 105-383 and Public Law 107-295, the Secretary of Transportation, as represented by the Maritime Administration (MARAD), is authorized to grant waivers of the U.S.-build requirement of the coastwise laws under certain circumstances.

A request for such a waiver has been received by MARAD. The vessel, and a brief description of the proposed service, is listed below. The complete application is given in DOT docket MARAD-2008-0005 at *http://www.regulations.gov.* Interested parties may comment on the effect this action may have on U.S. vessel builders or businesses in the U.S. that use U.S.-flag vessels. If MARAD determines, in accordance with Public Law 105-383 and MARAD's regulations at 46 CFR part 388 (68 FR 23084;

April 30, 2003), that the issuance of the waiver will have an unduly adverse effect on a U.S.-vessel builder or a business that uses U.S.-flag vessels in that business, a waiver will not be granted. Comments should refer to the docket number of this notice and the vessel name in order for MARAD to properly consider the comments. Comments should also state the commenter's interest in the waiver application, and address the waiver criteria given in § 388.4 of MARAD's regulations at 46 CFR part 388.

DATES: Submit comments on or before February 21, 2008. ADDRESSES: Comments should refer to docket number MARAD-2008-0005. Written comments may be submitted by hand or by mail to the Docket Clerk, U.S. Department of Transportation, Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue, SE., Washington, DC 20590. You may also send comments electronically via the Internet at *http://www.regulations.gov.* All comments will become part of this docket and will be available for inspection and copying at the above address between 10 a.m. and 5 p.m., E.T., Monday through Friday, except federal holidays.

An electronic version of this document and all documents entered into this docket is available on the World Wide Web at *http://www.regulations.gov.* FOR FURTHER INFORMATION CONTACT: Joann Spittle, U.S. Department of Transportation, Maritime Administration, 1200 New Jersey Avenue, SE., Room W21-203, Washington, DC 20590. Telephone 202-366-5979. SUPPLEMENTARY INFORMATION: As described by the applicant the intended service of the vessel KANALOA is: *Intended Use:* “General charter for hire for up to 12 passengers for varying periods.” *Geographic Region:* “Hawaii, Washington, Oregon and California.

” 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 (Volume 65, Number 70; Pages 19477-78). Dated: January 14, 2008. By order of the Maritime Administrator. Christine Gurland, Acting Secretary, Maritime Administration. [FR Doc.

E8-1009 Filed 1-18-08; 8:45 am] BILLING CODE 4910-81-P DEPARTMENT OF TRANSPORTATION Maritime Administration [Docket No. MARAD-2008-0004] Requested Administrative Waiver of the Coastwise Trade Laws AGENCY: Maritime Administration, Department of Transportation. ACTION: Invitation for public comments on a requested administrative waiver of the Coastwise Trade Laws for the vessel CARRERA. SUMMARY: As authorized by Public Law 105-383 and Public Law 107-295, the Secretary of Transportation, as represented by the Maritime Administration (MARAD), is authorized to grant waivers of the U.S.-build requirement of the coastwise laws under certain circumstances.

A request for such a waiver has been received by MARAD. The vessel, and a brief description of the proposed service, is listed below. The complete application is given in DOT docket MARAD-2008-0004 at *http://www.regulations.gov.* Interested parties may comment on the effect this action may have on U.S. vessel builders or businesses in the U.S. that use U.S.-flag vessels. If MARAD determines, in accordance with Public Law 105-383 and MARAD's regulations at 46 CFR part 388 (68 FR 23084;

DATES: Submit comments on or before February 21, 2008. ADDRESSES: Comments should refer to docket number MARAD-2008-0004. Written comments may be submitted by hand or by mail to the Docket Clerk, U.S. Department of Transportation, Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue, SE., Washington, DC 20590. You may also send comments electronically via the Internet at *http://www.regulations.gov.* All comments will become part of this docket and will be available for inspection and copying at the above address between 10 a.m. and 5 p.m., E.T., Monday through Friday, except federal holidays.

An electronic version of this document and all documents entered into this docket is available on the World Wide Web at *http://www.regulations.gov.* FOR FURTHER INFORMATION CONTACT: Joann Spittle, U.S. Department of Transportation, Maritime Administration, 1200 New Jersey Avenue, SE., Room W21-203, Washington, DC 20590. Telephone 202-366-5979. SUPPLEMENTARY INFORMATION: As described by the applicant the intended service of the vessel CARRERA is: *Intended Use:* “Taking passengers for hire on sailing and sport fishing trips in the below mentioned areas.

Any fish caught will not be sold commercially.” *Geographic Region:* “East Coast waters: Maine, New Hampshire, Massachusetts, Rhode Island, Connecticut, New York, New Jersey, Delaware, Maryland, District of Columbia, Virginia, North Carolina, South Carolina, Georgia, Florida.” 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 (Volume 65, Number 70; Pages 19477-78). Dated: January 14, 2008. By order of the Maritime Administrator. Christine Gurland, Acting Secretary, Maritime Administration. [FR Doc. E8-1020 Filed 1-18-08; 8:45 am] BILLING CODE 4910-81-P DEPARTMENT OF TRANSPORTATION National Highway Traffic Safety Administration [U.S. DOT Docket Number NHTSA-2008-0006] Reports, Forms, and Recordkeeping Requirements AGENCY:

National Highway Traffic Safety Administration (NHTSA), U.S. Department of Transportation. ACTION: Request for public comment on revision of a currently approved information collection. SUMMARY: Before a Federal agency can collect certain information from the public, it must receive approval from the Office of Management and Budget (OMB). Under procedures established by the Paperwork Reduction Act of 1995, before seeking OMB approval, Federal agencies must solicit public comment on proposed collections of information, including extensions and reinstatement of previously approved collections.

This document describes a collection of information for which NHTSA intends to seek OMB approval. DATES: Comments must be received on or before March 24, 2008. ADDRESSES: You may submit comments, identified as relating to DOT Docket No. NHTSA-2008-0006, 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. Telephone: 1-800-647-5527. • *Fax:* 202-493-2251. *Instructions:* All submissions must include the agency name and docket number for this proposed collection of information. 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.* *Docket:* For access to the docket to read background documents or comments received, go to *http://www.regulations.gov* or the street address listed above. Follow the online instructions for accessing the dockets. FOR FURTHER INFORMATION CONTACT: Jennifer Timian, Recall Management Division (NVS-215), Room W46-324, NHTSA, 1200 New Jersey Ave., SE., Washington, DC 20590.

Telephone:

(202)366-0209. SUPPLEMENTARY INFORMATION: Under the Paperwork Reduction Act of 1995, before an agency submits a proposed collection of information to OMB for approval, it must first publish a document in the **Federal Register** providing a 60-day comment period and otherwise consult with members of the public and affected agencies concerning each proposed collection of information. The OMB has promulgated regulations describing what must be included in such a document. Under OMB's regulation, *see* 5 CFR 1320.8(d), an agency must ask for public comment on the following:

(i)Whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility;

(ii)The accuracy of the agency's estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used;

(iii)How to enhance the quality, utility, and clarity of the information to be collected; and

(iv)How to minimize the burden of the collection of information on those who are to respond, including the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology, e.g., permitting electronic submission of responses In compliance with these requirements, NHTSA asks for public comments on the following proposed collection of information: *Title:* Names and Addresses of First Purchasers of Motor Vehicles. *OMB Control Number:* 2127-0044. *Type of Request:* Renewal of a currently approved information collection. *Affected Public:* Businesses or others for profit. *Abstract:* Pursuant to 49 U.S.C. 30117(b), a manufacturer of a motor vehicle or tire (except a retreaded tire) must maintain a record of the name and address of the first purchasers of each vehicle or tire it produces and, to the extent prescribed by regulation of the Secretary, must maintain a record of the name and address of the first purchaser of replacement equipment (except a tire) that the manufacturer produces. Vehicle manufacturers presently collect and maintain purchaser information for business reasons, such as for warranty claims processing and marketing, and experience with this statutory requirement has shown that manufacturers have retained this information in a manner sufficient to enable them to expeditiously notify vehicle purchasers in the case of a safety recall. Based on industry custom and this experience, NHTSA therefore determined that the regulation mentioned in 49 U.S.C. 30117(b) was unnecessary as to vehicle manufacturers. As an aside, the requirements for maintaining tire purchaser information are contained in 49 CFR part 574, Tire Identification and Recordkeeping, and the burden of that information collection is not part of this information collection. *Estimated Annual Burden:* Previously, NHTSA estimated this collection's burden at 1,075,000 hours. This was reached from our estimate that there was an annual burden of 875,000 hours associated with the recording of purchaser information at the time of sale by dealers, and an additional 200,000 burden hours associated with recordkeeping by manufacturers. As discussed above, as a practical matter vehicle manufacturers are presently collecting from their dealers and then maintaining first purchaser information for their own commercial reasons. Therefore, we do not believe that the requirement in 49 U.S.C. 30117(b) imposes any additional burden on that community. We believe our previous estimate is inaccurate and greatly exaggerates the burden on vehicle manufacturers. Accordingly, we have revised the estimated annual burden for this collection to zero burden hours. *Number of Respondents:* We estimate that there are roughly 1,000 manufacturers of motor vehicles that collect and keep first purchaser information. Issued on: January 15, 2008. Kathleen C. DeMeter, Director, Office of Defects Investigation. [FR Doc. E8-947 Filed 1-18-08; 8:45 am] BILLING CODE 4910-59-P DEPARTMENT OF TRANSPORTATION National Highway Traffic Safety Administration [U.S. DOT Docket Number NHTSA-2008-0002] Reports, Forms, and Recordkeeping Requirements AGENCY: National Highway Traffic Safety Administration (NHTSA), U.S. Department of Transportation. ACTION: Request for public comment on revision of a currently approved information collection. SUMMARY: Before a Federal agency can collect certain information from the public, it must receive approval from the Office of Management and Budget (OMB). Under procedures established by the Paperwork Reduction Act of 1995, before seeking OMB approval, Federal agencies must solicit public comment on proposed collections of information, including extensions and reinstatement of previously approved collections. This document describes a collection of information for which NHTSA intends to seek OMB approval. DATES: Comments must be received on or before March 24, 2008. ADDRESSES: You may submit comments using any of the following methods. Please be certain to note conspicuously on your comments that they relate to DOT Docket No. NHTSA-2008-0002. • *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. Telephone: 1-800-647-5527. • *Fax:* 202-493-2251. *Instructions:* All submissions must include the agency name and docket number for this proposed collection of information. 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.* *Docket:* For access to the docket to read background documents or comments received, go to *http://www.regulations.gov* or the street address listed above. Follow the online instructions for accessing the dockets. FOR FURTHER INFORMATION CONTACT: Jennifer Timian, Recall Management Division (NVS-215), Room W46-324, NHTSA, 1200 New Jersey Ave., SE., Washington, DC 20590. Telephone:

(i)Whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility;

(ii)The accuracy of the agency's estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used;

(iii)How to enhance the quality, utility, and clarity of the information to be collected; and

(iv)How to minimize the burden of the collection of information on those who are to respond, including the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology, e.g. permitting electronic submission of responses. In compliance with these requirements, NHTSA asks for public comments on the following proposed collection of information: *Title:* Petitions for Hearing on Notification and Remedy of Defects. *Type of Request:* Renewal of an information collection. *OMB Control Number:* 2127-0039. *Affected Public:* Businesses or individuals. *Abstract:* Sections 30118(e) and 30120(e) of Title 49 of the United States Code specify that any interested person may petition NHTSA to hold a hearing to determine whether a manufacturer of motor vehicles or motor vehicle equipment has met its obligation to notify owners, purchasers, and dealers of vehicles or equipment of a safety-related defect or noncompliance with a Federal motor vehicle safety standard in the manufacturer's products and to remedy that defect or noncompliance. To implement these statutory provisions, NHTSA promulgated 49 CFR part 557, Petitions for Hearings on Notification and Remedy of Defects. Part 577 establishes procedures providing for the submission and disposition of petitions for hearings on the issues of whether the manufacturer has met its obligation to notify owners, purchasers, and dealers of safety-related defects or noncompliances, or to remedy such defect or noncompliance free of charge. *Estimated Annual Burden:* During NHTSA's last renewal of this information collection, the agency estimated it would receive two petitions a year, with an estimated one hour of preparation for each petition, for total of two burden hours per year. Over the past three years, however, NHTSA has received one petition filed under 49 CFR Part 557. Our estimated time for preparation remains the same. Accordingly, we are revising our burden estimate for this collection of information to one burden hour per year. *Number of Respondents:* 1. Issued on January 15, 2008. Kathleen C. DeMeter, Director, Office of Defects Investigation. [FR Doc. E8-959 Filed 1-18-08; 8:45 am] BILLING CODE 4910-59-P DEPARTMENT OF TRANSPORTATION National Highway Traffic Safety Administration U.S. DOT Docket Number NHTSA-2008-0007 Reports, Forms, and Record Keeping Requirements AGENCY: National Highway Traffic Safety Administration (NHTSA), Department of Transportation. ACTION: Request for public comment on proposed collection of information. SUMMARY: Before a Federal agency can collect certain information from the public, it must receive approval from the Office of Management and Budget (OMB). Under procedures established by the Paperwork Reduction Act of 1995, before seeking OMB approval, Federal agencies must solicit public comment on proposed collections of information, including extensions and reinstatement of previously approved collections. This document describes one collection of information for which NHTSA intends to seek OMB approval. DATES: Comments must be received on or before March 24, 2008. ADDRESSES: You may submit comments identified by DOT Docket No. NHTSA-2008-0007 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. Telephone: 1-800-647-5527. • Fax: 202-493-2251. *Instructions:* All submissions must include the agency name and docket number for this proposed collection of information. 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.* *Docket:* For access to the docket to read background documents or comments received, go to *http://www.regulations.gov* or the street address listed above. Follow the online instructions for accessing the dockets. FOR FURTHER INFORMATION CONTACT: Complete copies of each request for collection of information may be obtained at no charge from Laurence Long, NHTSA, 1200 New Jersey Avenue, SE., Rm. 48-220, NVS 211, Washington, DC 20590. Mr. Long's telephone number is

(202)366-6281. Please identify the relevant collection of information by referring to its OMB Control Number. SUPPLEMENTARY INFORMATION: Under the Paperwork Reduction Act of 1995, before an agency submits a proposed collection of information to OMB for approval, it must first publish a document in the **Federal Register** providing a 60-day comment period and otherwise consult with members of the public and affected agencies concerning each proposed collection of information. The OMB has promulgated regulations describing what must be included in such a document. Under OMB's regulation (at 5 CFR 1320.8(d), an agency must ask for public comment on the following:

(i)Whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility;

(ii)The accuracy of the agency's estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used;

(iii)How to enhance the quality, utility, and clarity of the information to be collected; and

(iv)How to minimize the burden of the collection of information on those who are to respond, including the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology, *e.g.* , permitting electronic submission of responses. In compliance with these requirements, NHTSA asks for public comments on the following proposed collections of information: *Title:* Consumer Complaint Information. *OMB Control Number:* 2127-0008. *Affected Public:* Individuals and households. *Abstract:* Pursuant to Chapter 301 of Title 49 of the United States Code, manufacturers of motor vehicles and items of motor vehicle equipment must notify owners and provide a free remedy ( *i.e.* , a recall) when it has been determined that a safety-related defect exists in the manufacturer's product. NHTSA investigates possible safety defects and may order recalls. NHTSA solicits information from vehicle owners, which is used to identify and evaluate possible safety-related defects and provide evidence of the existence of such defects. Consumer complaint information takes the form of a Vehicle Owner's Questionnaire (VOQ), which is a paper, self-addressed mailer that consumers complete. This mailer contains owner information, product information, failed component information, and incident information. It may also take the form of an electronic VOQ containing the same information as identified above, which can be submitted via NHTSA's Internet Web site or by calling the Department of Transportation's Auto Safety Hotline. Or, it may take the form of a consumer letter. All consumer complaint information, in addition to other sources of available information, is entered into the agency's database and reviewed by NHTSA staff to determine whether a safety-related defect trend or catastrophic failure is developing that would warrant the opening of a safety defect investigation. *Estimated Annual Burden:* 8,657 hours. *Estimated Number of Respondents:* 34,626. Comments are invited on: Whether the proposed collection of information is necessary for the proper performance of the functions of the Department, including whether the information will have practical utility; the accuracy of the Department's estimate of the burden of the proposed information collection; ways to enhance the quality, utility and clarity of the information to be collected; and ways to minimize the burden of the collection of information on respondents, including the use of automated collection techniques or other forms of information technology. Kathleen Demeter, Director, Office of Defects Investigation. [FR Doc. E8-990 Filed 1-18-08; 8:45 am] BILLING CODE 4910-59-P DEPARTMENT OF TRANSPORTATION National Highway Traffic Safety Administration Denial of Petition AGENCY: National Highway Traffic Safety Administration, Department of Transportation. ACTION: Denial of petition for rulemaking, defect, and noncompliance order, and denial of petition for hearing on notification and remedy of a safety related defect. SUMMARY: This notice sets forth the reasons for the denials of two petitions submitted by Mr. Robin R. Harrill (petitioner). The first petition requested that the National Highway Traffic Safety Administration (NHTSA) order Polaris Industries, Inc. (Polaris) to assume all owner costs incurred to replace defective third gear assemblies on certain model year 1999 through 2001 Victory V92 motorcycles it manufactured. The second petition requested the NHTSA hold a hearing concerning the company's alleged failure to remedy the defective third gear assemblies on those motorcycles. Both petitions are denied as moot. Polaris has, since the filing of this petition, notified the affected motorcycle owners of the defect, and has made a free remedy available to those owners, including the petitioner, and has reimbursed all owners who had the recall repair work completed prior to the initiation of the recall. FOR FURTHER INFORMATION CONTACT: Jennifer T. Timian, Recall Management Division (NVS-215), Office of Defects Investigation, NHTSA, 1200 New Jersey Ave., SE., Washington, DC 20590, telephone

(202)366-0209. SUPPLEMENTARY INFORMATION: Background On August 4, 2006, Polaris filed a defect information report (06V-298) with NHTSA, notifying it that some of its 2001 Victory V92 motorcycles and some of its 1999-2000 Victory V92 motorcycles that received a transmission replacement last built in 2001 contained a safety-related defect. According to Polaris, under certain conditions, these motorcycles could experience third gear failures that could result in a lock-up of the transmission. This, in turn, could cause a loss of control and a crash. Polaris reported that it was planning to install a rear sprocket damper assembly to correct for the possible third gear failures, but that the schedule for implementing the remedy campaign was still under development. Subsequently, on November 22, 2006, Polaris issued a letter to the affected owners notifying them of the defect and stating that limited numbers of kits needed to repair the motorcycles (referred to as “Rear Sprocket Cushion Drive Kits”) were expected to be distributed the week of December 18, 2006. Owners were instructed to contact Victory dealers to schedule repair appointments. During the final stages of testing, however, Polaris found that the remedy kits were not sufficient to address the risk of third gear failures, and therefore additional work was needed to develop a better remedy. Polaris advised the agency of its finding and the resulting delay in delivery of remedy kits in January, 2007. On March 8, 2007, NHTSA received a package containing two petitions from Robin R. Harrill. The first petition, captioned a “Petition for Rulemaking, Defect, and Noncompliance Order,” requested that NHTSA order Polaris to assume all costs motorcycle owners may have incurred to replace the third gear assemblies on the affected motorcycles. The second petition, captioned a “Petition for Hearing on Notification and Remedy of Defects,” requested a hearing to address Polaris's alleged failure to meet its obligation to remedy those defective assemblies. The crux of both petitions is that Polaris has been unreasonably slow in making the Rear Sprocket Cushion Drive Kits available to owners and dealers. In support of his petitions, Mr. Harrill provided a timeline of events concerning the recall, an account of certain conversations he had with various Polaris personnel, and summaries of various communications Polaris had issued as to the status and availability of the kits. In the meantime, and at the agency's request, Polaris prepared another notification letter for owners. On or about April 20, 2007, NHTSA received a draft of this letter together with an amended defect information report. Polaris stated in its report that this second owner notification mailing was to start April 30, 2007. Polaris further reported that it was going to simultaneously publish on its Web site a reminder notification to dealers about the recall, together with a parts availability date. Both of these actions took place. In mid-May, 2007, the remedy kits for the affected motorcycles were made available to dealers. Decision The filing and disposition requirements for petitions for rulemaking, defect, and noncompliance orders, are found in 49 CFR part 552. The stated scope of part 552 is to, among other things, allow interested persons to request the agency “make a decision that a motor vehicle * * * contains a defect which relates to motor vehicle safety.” 49 CFR 552.1. The stated scope of Part 552 does not include ordering manufacturers to reimburse owners for their costs in remedying defective motor vehicles, or taking any other action related to repairing or replacing defective motor vehicles or motor vehicle equipment. Here, Polaris has already admitted that its vehicles have a defect that relates to motor vehicle safety. Therefore, the issue of whether the Polaris motorcycles in question have a safety-related defect has been resolved, and so any agency determination mirroring the manufacturer's decision would be meaningless. The filing and disposition requirements for petitions for hearings on notification and remedy of defects, are found in 49 CFR part 557. One of the stated purposes of part 557 is to enable NHTSA to respond to petitions for hearings on whether a manufacturer has reasonably met its obligation to remedy a safety-related defect identified in its product. 49 CFR 557.2. Pursuant to 49 CFR 557.8, a manufacturer can be ordered to take certain actions to ensure its compliance with the recall requirements. One such action could be requiring the manufacturer to reimburse owners' costs for their independent repairing or replacing of equipment in order to fix a defect. In deciding whether to grant petitioner's second petition, we have taken into consideration the nature of his complaint and the seriousness of the alleged breach of Polaris's obligation to remedy. We have also considered that there have been approximately eight owner complaints to NHTSA (including one the petitioner filed) about the delays in repair due to the lack of availability of the Rear Sprocket Cushion Drive Kits at local dealerships. Based on our consideration of these factors, we have determined that any hearing related to the reasonableness of the remedy would be moot because the alleged problem—delays in repair kits needed to fix the transmission defect—has been resolved. Polaris has delivered the kits to its dealers and all owners have been notified of the defect. 1 1 In phone calls with the agency, the petitioner reported that he had received a call from his dealer letting him know the repair kits had arrived and offering to schedule an appointment for a repair. He also reported that he no longer owns a motorcycle involved in the remedy campaign addressed by this notice. For all of the reasons above, this petition is denied. This decision does not, of course, prevent the agency from taking future action if warranted. Authority: 49 U.S.C. 30120; delegations of authority at 49 CFR 1.50 and 501.8. Issued on: January 15, 2008. Daniel C. Smith, Associate Administrator for Enforcement. [FR Doc. E8-951 Filed 1-18-08; 8:45 am] BILLING CODE 4910-59-P DEPARTMENT OF TRANSPORTATION Pipeline and Hazardous Materials Safety Administration Office of Hazardous Materials Safety; Notice of Delays in Processing of Special Permits Applications AGENCY: Pipeline and Hazardous Materials Safety Administration (PHMSA), DOT. ACTION: List of Applications Delayed more than 180 days. SUMMARY: In accordance with the requirements of 49 U.S.C. 5117(c), PHMSA is publishing the following list of special permit applications that have been in process for 180 days or more. The reason(s) for delay and the expected completion date for action on each application is provided in association with each identified application. FOR FURTHER INFORMATION CONTACT: Delmer F. Billings, Director, Office of Hazardous Materials Special Permits and Approvals, Pipeline and Hazardous Materials Safety Administration, U.S. Department of Transportation, East Building, PHH-30, 1200 New Jersey Avenue, SE., Washington, DC 20590-4535. Key to “Reason for Delay” 1. Awaiting additional information from applicant. 2. Extensive public comment under review. 3. Application is technically complex and is of significant impact or precedent-setting and requires extensive analysis. 4. Staff review delayed by other priority issues or volume of special permit applications. Meaning of Application Number Suffixes N—New application. M—Modification request. PM—Party to application with modification request. Issued in Washington, DC, on January 16, 2008. Delmer F. Billings Director, Office of Hazardous Materials, Special Permits and Approvals. Modification to Special Permits Application No. Applicant Reason for delay Estimated date of completion 11579-M Austin Powder Company, Cleveland, OH 3, 4 02-29-2008. 10964-M Kidde Aerospace & Defense, Wilson, NC 4 02-29-2008. New Special Permit Applications Application No. Applicant Reason for delay Estimated date of completion 14385-N Kansas City Southern Railway Company, Kansas City, MO 4 02-29-2008. 14546-N BOC Gases, Murray Hill, NJ 4 02-29-2008. 14402-N Lincoln Composites, Lincoln, NE 1, 3 01-31-2008. 14436-N BNSF Railway Company, Topeka, KS 4 02-29-2008. [FR Doc. 08-202 Filed 1-18-08; 8:45 am]

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U.S. Code

11 references not yet in our index

Pub. L. 105-383
Pub. L. 107-295
46 CFR 388
5 CFR 1320.8(d)
49 CFR 574
49 CFR 557
49 CFR 552
49 CFR 552.1
49 CFR 557.2
49 CFR 557.8
49 CFR 1.50

Citation graph

cites case law

Notices

Invitation for public comments on a requested administrative waiver of the Coastwise Trade Laws for the vessel KANALOA

U.S.C.§ 30117

U.S.C.§ 30120

U.S.C.§ 5117

Pub. L.Pub. L. 105-383

Pub. L.Pub. L. 107-295

Cite46 CFR 388

Cite5 CFR 1320.8(d)

Cite49 CFR 574

Cites 14 · showing 8Cited by 0 across 0 sources