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Code · REGISTER · 2008-06-10 · National Highway Traffic Safety Administration, DOT · Notices

Notices. Notice of receipt of petition for decision that nonconforming 2004-2005 Ferrari 575 passenger cars are eligible for importation

3,383 words·~15 min read·/register/2008/06/10/08-1342

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

BILLING CODE 4910-EX-M DEPARTMENT OF TRANSPORTATION National Highway Traffic Safety Administration [Docket No. DOT-NHTSA-2008-0110] Notice of Receipt of Petition for Decision That Nonconforming 2004-2005 Ferrari 575 Passenger Cars Are Eligible for Importation AGENCY: National Highway Traffic Safety Administration, DOT. ACTION: Notice of receipt of petition for decision that nonconforming 2004-2005 Ferrari 575 passenger cars 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 Ferrari 575 passenger cars 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 (the U.S.-certified version of the 2004-2005 Ferrari 575 passenger car), and
(2)they are capable of being readily altered to conform to the standards. DATES: The closing date for comments on the petition is July 10, 2008. 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 “Advanced Docket Search.”
(3)On the next page select “NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION” from the drop-down menu in the Agency field and enter the Docket ID number shown at the heading of this document.
(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. 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 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. 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
(JK)(Registered Importer 90-006) has petitioned NHTSA to decide whether nonconforming 2004-2005 Ferrari 575 passenger cars are eligible for importation into the United States. The vehicles which JK believes are substantially similar are 2004-2005 Ferrari 575 passenger cars 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 compared non-U.S. certified 2004-2005 Ferrari 575 passenger cars to their U.S.-certified counterparts, and found the vehicles to be substantially similar with respect to compliance with most FMVSS. JK submitted information with its petition intended to demonstrate that non-U.S. certified 2004-2005 Ferrari 575 passenger cars, 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 Ferrari 575 passenger cars are identical to their U.S. certified counterparts with respect to compliance with Standard Nos. 102 *Transmission Shift Lever Sequence, Starter Interlock, and Transmission Braking Effect* , 103 *Windshield Defrosting and Defogging Systems* , 104 *Windshield Wiping and Washing Systems* , 106 *Brake Hoses* , 109 *New Pneumatic Tires* , 113 *Hood Latch System* , 116 *Motor Vehicle Brake Fluids* , 118 *Power-Operated Window, Partition, and Roof Panel Systems* , 124 *Accelerator Control Systems* , 135 *Passenger Car Brake Systems* , 201 *Occupant Protection in Interior Impact* , 202 *Head Restraints* , 204 *Steering Control Rearward Displacement* , 205 *Glazing Materials* , 206 *Door Locks and Door Retention Components* , 207 *Seating Systems* , 210 *Seat Belt Assembly Anchorages* , 212 *Windshield Mounting* , 214 *Side Impact Protection* , 216 *Roof Crush Resistance* , 219 *Windshield Zone Intrusion* , and 302 *Flammability of Interior Materials* . The petitioner also contends that the vehicles are capable of being readily altered to meet the following standards, in the manner indicated: Standard No. 101 *Controls and Displays:* Installation of a U.S.-model instrument cluster that has been reprogrammed to reflect the correct mileage on the vehicle. Standard No. 108 *Lamps, Reflective Devices and Associated Equipment:*
(a)Installation of U.S.-model front and rear sidemarker lamps; and
(b)installation of U.S.-model taillamp assemblies. Standard No. 110 *Tire Selection and Rims:* Installation on the vehicle of a tire information placard. Standard No. 111 *Rearview Mirrors:* Installation of a U.S.-model passenger side rearview mirror, or inscription of the required warning statement on the face of that mirror. Standard No. 114 *Theft Protection:* Installation of U.S.-version software to meet the requirements of this standard. Standard No. 208 *Occupant Crash Protection:* Installation of U.S.-version software to ensure that the seat belt warning system meets the requirements of this standard. The petitioner states that the crash protection system used in these vehicles consists of dual front airbags and knee bolsters, and combination lap and shoulder belts at the front outboard seating positions. These manual systems are automatic, self-tensioning, and are released by means of a single red push-button. Standard No. 209 *Seat Belt Assemblies:* Installation of U.S.-model seat belt assemblies. Standard No. 225 *Child Restraint Anchorage Systems:* Inspection of all vehicles and installation of U.S.-model components on vehicles that are not already so equipped. Standard No. 301 *Fuel System Integrity:* Installation of U.S.-model fuel system vent lines, canister, filler neck, tank leak check pump and associated mounting hardware. Standard No. 401 *Interior Trunk Release:* Installation of U.S.-model secondary trunk release system components including; hood release, under hood handle and associated cable, wiring harness and associated mounting hardware. In addition, the petitioner claims that the bumpers must be modified by the installation of U.S.-model components to meet the requirements of the Bumper Standard found in 49 CFR Part 581. The petitioner additionally states that a vehicle identification plate must be affixed to the vehicles near the left windshield post to meet the requirements of 49 CFR Part 565. 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 addresses 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: June 4, 2008. Claude H. Harris, Director, Office of Vehicle Safety Compliance. [FR Doc. E8-12955 Filed 6-9-08; 8:45 am] BILLING CODE 4910-59-P DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Ex Parte No. 677 (Sub-No. 1)] Common Carrier Obligation of Railroads—Transportation of Hazardous Materials AGENCY: Surface Transportation Board, DOT. ACTION: Notice of Public Hearing. SUMMARY: The Surface Transportation Board will hold a public hearing beginning at 9 a.m. on Wednesday, July 16, 2008, at its headquarters in Washington, DC. The purpose of the public hearing will be to examine issues related to the common carrier obligation of railroads with respect to the transportation of hazardous materials. Persons wishing to speak at the hearing should notify the Board in writing. DATES: The public hearing will take place on Wednesday, July 16, 2008. Any person wishing to speak at the hearing should file with the Board a written notice of intent to participate, and should identify the party, the proposed speaker, and the time requested, as soon as possible but no later than July 2, 2008. Each speaker should also file with the Board his/her written testimony in that same document. Written submissions by interested persons who do not wish to appear at the hearing will also be due by July 2, 2008. ADDRESSES: All notices of intent to participate and testimony may be submitted either via the Board's e-filing format or in the traditional paper format. Any person using e-filing should attach a document and otherwise comply with the Board's *http://www.stb.dot.gov* Web site, at the “E-FILING” link. Any person submitting a filing in the traditional paper format should send an original and 10 copies of the filing to: Surface Transportation Board, Attn: STB Ex Parte No. 677 (Sub-No. 1), 395 E Street, SW., Washington, DC 20423-0001. FOR FURTHER INFORMATION, CONTACT: Joseph Dettmar,
(202)245-0395. [Assistance for the hearing impaired is available through the Federal Information Relay Service
(FIRS)at:
(800)877-8339.] SUPPLEMENTARY INFORMATION: The common carrier obligation refers to the statutory duty of railroads to provide “transportation or service on reasonable request.” 49 U.S.C. 11101(a). A railroad may not refuse to provide service merely because to do so would be inconvenient or unprofitable. *G.S. Roofing Prods. Co.* v. *Surface Transp. Bd.,* 143 F.3d 387, 391 (8th Cir. 1998). The common carrier obligation, however, is not absolute, and service requests must be reasonable. *Id.* In recent years, the Board has seen an increasing number of questions arising, both formally and informally, regarding the extent of a railroad's common carrier obligation. As a result, the Board held a hearing on April 24-25, 2008, to hear comments from interested parties on the common carrier obligation and to provide a forum for discussion of that obligation. That hearing raised many issues involving the obligation of railroads to haul hazardous materials, including toxic by inhalation hazards (TIH). For many hazardous materials, including TIH, rail is the safest and most efficient mode of transportation. But, according to the railroads, the transportation of these materials subjects them to ruinous liability in the event of an accident. To allow a more detailed discussion, the Board is holding a hearing to explore the issues surrounding the transportation of hazardous materials by rail. The Board is interested in specific potential policy solutions to the liability issue, including solutions modeled on the Price-Anderson Act of 1957. The Price-Anderson Act was designed to ensure that adequate funds would be available to satisfy liability claims of members of the public for personal injury and property damage in the event of a catastrophic nuclear accident. Parties may also comment on the appropriate role of the Board in developing such a policy solution. The Board is also interested in the wide range of views from all stakeholders, including any diversity of views from similarly situated companies or groups. Parties are also invited to comment on what constitutes a reasonable request for service involving the movement of TIH, as well as whether there are unique costs associated with the transportation of hazardous materials, and if so, how railroads recover those costs. Also, the Board would benefit from a discussion of efforts by various federal agencies, including the Federal Railway Administration and the Pipeline and Hazardous Materials Safety Administration, to address the transportation of hazardous materials. *Date of Hearing.* The hearing will begin at 9 a.m. on Wednesday, July 16, 2008, in the 1st floor hearing room at the Board's headquarters at 395 E Street, SW., in Washington, DC, and will continue, with short breaks if necessary, until every person scheduled to speak has been heard. *Notice of Intent To Participate.* Any person wishing to speak at the hearing should file with the Board a written notice of intent to participate, and should identify the party, the proposed speaker, and the time requested, as soon as possible, but no later than July 2, 2008. *Testimony.* Each speaker should file with the Board his/her written testimony with his/her notice of intent to participate (by July 2, 2008). Also, any interested person who wishes to submit a written statement without appearing at the July 16 hearing should file that statement by July 2, 2008. *Board Releases and Live Video Streaming Available Via the Internet.* Decisions and notices of the Board, including this notice, are available on the Board's Web site at *http://www.stb.dot.gov.* This hearing will be available on the Board's Web site by live video streaming. To access the hearing, click on the “Live Video” link under “Information Center” at the left side of the home page beginning at 9 a.m. on July 16, 2008. This action will not significantly affect either the quality of the human environment or the conservation of energy resources. Dated: June 4, 2008. Anne K. Quinlan, Acting Secretary. [FR Doc. E8-12944 Filed 6-9-08; 8:45 am] BILLING CODE 4915-01-P DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Ex Parte No. 519 (Sub-No. 4)] Notice of National Grain Car Council Meeting AGENCY: Surface Transportation Board, DOT. ACTION: Notice of National Grain Car Council meeting. SUMMARY: Notice is hereby given of a meeting of the National Grain Car Council (NGCC), pursuant to section 10(a)(2) of the Federal Advisory Committee Act, Pub. L. No. 92-463, as amended (5 U.S.C., App. 2). DATES: The meeting will be held on Wednesday, June 25, 2008, beginning at 10:30 a.m. and is expected to conclude at 3:00 p.m. ADDRESSES: The meeting will be held at the headquarters of the Surface Transportation Board, 395 E Street, SW., in Washington, DC. FOR FURTHER INFORMATION CONTACT: Mel Clemens at
(202)245-0241 or Tom Brugman at
(202)245-0281. [Assistance for the hearing impaired is available through the Federal Information Relay Service
(FIRS)at:
(800)877-8339]. SUPPLEMENTARY INFORMATION: The NGCC arose from a proceeding instituted by the Surface Transportation Board's (Board) predecessor agency, the Interstate Commerce Commission (ICC), in National Grain Car Supply—Conference of Interested Parties, Ex Parte No. 519. The NGCC was formed as a working group to facilitate private-sector solutions and recommendations to the ICC (and now the Board) on matters affecting grain transportation. The general purpose of this meeting is to discuss rail carrier preparedness to transport the 2008 Fall grain harvest. Agenda items include the following: Remarks by Board Chairman Charles D. Nottingham, Vice Chairman Francis P. Mulvey (who serves as Co-Chairman of the NGCC), and Commissioner W. Douglas Buttrey; a presentation and discussion regarding the new centralized database (OT-5 TAG), developed by carriers to facilitate shipper requests to load and store private rail cars on carrier track; reports by rail carriers and shippers on grain-service related issues; a report by rail car manufacturers and lessors on current and future availability of various grain-car types; and an open forum on the impact of current Federal regulation on grain car supply. The meeting, which is open to the public, will be conducted pursuant to the NGCC's charter and Board procedures. Further communications about this meeting may be announced through the Board's Web site at *http://www.stb.dot.gov.* This action will not significantly affect either the quality of the human environment or the conservation of energy resources. Dated: June 10, 2008. Anne K. Quinlan, Secretary. [FR Doc. E8-12943 Filed 6-9-08; 8:45 am] BILLING CODE 4915-01-P DEPARTMENT OF THE TREASURY Community Development Financial Institutions Fund Open Meeting of the Community Development Advisory Board AGENCY: Community Development Financial Institutions Fund, Department of the Treasury. ACTION: Notice of open meeting. SUMMARY: This notice announces the next meeting of the Community Development Advisory Board (the Advisory Board), which provides advice to the Director of the Community Development Financial Institutions Fund (the Fund). DATES: The next meeting of the Advisory Board will be held from 9 a.m. to 1 p.m. on June 25, 2008. ADDRESSES: The Advisory Board meeting will be held in the John Adams Salons A & B at The Madison Hotel located at 1177 Fifteenth Street, NW., Washington, DC 20005. FOR FURTHER INFORMATION CONTACT: The Office of Public and Legislative Affairs of the Fund, 601 Thirteenth Street, NW., Suite 200 South, Washington, DC 20005,
(202)622-8042 (this is not a toll free number). Other information regarding the Fund and its programs may be obtained through the Fund's Web site at *http://www.cdfifund.gov.* SUPPLEMENTARY INFORMATION: Section 104(d) of the Community Development Banking and Financial Institutions Act of 1994 (12 U.S.C. 4703(d)) established the Advisory Board. The charter for the Advisory Board has been filed in accordance with the Federal Advisory Committee Act, as amended (5 U.S.C. App.), and with the approval of the Secretary of the Treasury. The function of the Advisory Board is to advise the Director of the Fund (who has been delegated the authority to administer the Fund) on the policies regarding the activities of the Fund. The Advisory Board shall not advise the Fund on the granting or denial of any particular application for monetary or non-monetary awards. The Advisory Board shall meet at least annually. The next meeting of the Advisory Board, all of which will be open to the public, will be held in the John Adams Salons A & B at The Madison Hotel located at 1177 Fifteenth Street, NW., Washington, DC 20005, from 9 a.m. to 1 p.m. on June 25, 2008. The room will accommodate up to 20 members of the public. Seats are available to members of the public on a first-come, first-served basis. Participation in the discussions at the meeting will be limited to Advisory Board members, Department of the Treasury staff, and certain invited guests. Anyone who would like to have the Advisory Board consider a written statement must submit it to the Fund's Office of Public and Legislative Affairs of the Fund, 601 Thirteenth Street, NW., Suite 200 South, Washington, DC 20005, by 5 p.m. EDT on Friday, June 20, 2008. The Advisory Board meeting will include a report from the Director on the activities of the Fund since the last Advisory Board meeting, as well as policy, programmatic, fiscal and legislative initiatives for the years 2008 and 2009. Authority: 12 U.S.C. 4703; Chapter X, Pub. L. 104-19, 109 Stat. 237. Dated: June 5, 2008. Donna J. Gambrell, Director, Community Development Financial Institutions Fund. [FR Doc. 08-1342 Filed 6-6-08; 1:17 pm]
Connectionstraces to 4
10 references not yet in our index
  • 49 CFR 592
  • 49 CFR 593.7
  • 49 CFR 581
  • 49 CFR 565
  • 49 CFR 593.8
  • 49 CFR 1.50
  • 143 F.3d 387
  • Pub. L. 92-463
  • Pub. L. 104-19
  • 109 Stat. 237
Citation graph
cites case law
Notices
Notice of receipt of petition for decision that nonconforming 2004-2005 Ferrari 575 passenger cars are eligible for importation
F. App'x143 F.3d 387
Cite49 CFR 592
Cite49 CFR 593.7
Cite49 CFR 581
Cite49 CFR 565
Cites 14 · showing 9Cited by 0 across 0 sources
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