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Federal Register / Vol. 70, No.

224 / Tuesday, November 22, 2005 / Notices 70655

Railroad Company (P&W), seeks (Plaza Level), 400 7th Street, SW., that certain 2001 Chevrolet Blazer (plant
approval of the proposed modification Washington, DC 20590–0001. code ‘‘K’’ or ‘‘2’’) multipurpose
of five remote-controlled interlockings Communications received within 45 passenger vehicles (MPVs) that were not
protecting movable bridges on Amtrak’s days of the date of this notice will be originally manufactured to comply with
Northeast Corridor, New England considered by the FRA before final all applicable Federal motor vehicle
Division, in Connecticut, on Main action is taken. Comments received after safety standards (FMVSS) are eligible
Tracks No. 1 and No. 2, as follows: that date will be considered as far as for importation into the United States
1. The discontinuance and removal of practicable. All written communications because they are substantially similar to
the four power-operated derails at concerning these proceedings are vehicles originally manufactured for
‘‘Conn,’’ milepost 106.8, at the available for examination during regular sale in the United States and that were
Connecticut River, in Old Saybrook, business hours (9 a.m.–5 p.m.) at the certified by their manufacturer as
Connecticut; above facility. All documents in the complying with the safety standards
2. The discontinuance and removal of public docket are also available for (the U.S. certified version of the 2001
the four power-operated derails at inspection and copying on the internet Chevrolet Blazer (plant code ‘‘K’’ or ‘‘2’’)
‘‘Nan,’’ milepost 116.7, at the Niantic at the docket facility’s Web site at MPV), and they are capable of being
River, in Niantic, Connecticut; http://dms.dot.gov. readily altered to conform to the
3. The discontinuance and removal of FRA wishes to inform all potential standards.
the four power-operated derails at commenters that anyone is able to
‘‘Shaws Cove,’’ milepost 122.5, in New DATES: This decision was effective
search the electronic form of all
London, Connecticut; January 27, 2005.
comments received into any of our
4. The discontinuance and removal of dockets by the name of the individual FOR FURTHER INFORMATION CONTACT:
the four power-operated derails at submitting the comment (or signing the Coleman Sachs, Office of Vehicle Safety
‘‘Groton,’’ milepost 124.2, at the Thames comment, if submitted on behalf of an Compliance, NHTSA (202–366–3151).
River, Groton, Connecticut; and association, business, labor union, etc.). SUPPLEMENTARY INFORMATION:
5. The discontinuance and removal of You may review DOT’s complete
the four power-operated derails at Background
Privacy Act Statement in the Federal
‘‘Mystic River,’’ milepost 131.9, in Register published on April 11, 2000 Under 49 U.S.C. 30141(a)(1)(A), a
Mystic, Connecticut; (Volume 65, Number 70; Pages 19477– motor vehicle that was not originally
The changes proposed consist of the 78) or you may visit http://dms.dot.gov. manufactured to conform to all
removal of four derails at each FRA expects to be able to determine applicable FMVSS shall be refused
interlocking, one for each track in each these matters without an oral hearing. admission into the United States unless
direction. Each of the interlocking home However, if a specific request for an oral NHTSA has decided that the motor
signals protecting these derails and the hearing is accompanied by a showing vehicle is substantially similar to a
associated movable bridges have been that the party is unable to adequately motor vehicle originally manufactured
equipped with the Northeast Corridor present his or her position by written for sale in the United States, certified as
100 Hz coded cab signal system with statements, an application may be set required under 49 U.S.C. 30115, and of
speed control, or Automatic Train for public hearing. the same model year as the model of the
Control (ATC). The interlockings have motor vehicle to be compared, and is
Issued in Washington, DC on November 15,
also been equipped with Amtrak’s capable of being readily altered to
2005.
Advanced Civil Speed Enforcement conform to all applicable FMVSS.
Grady C. Cothen, Jr., Where there is no substantially
System (ACSES) Positive Train Stop
(PTS), in addition to ATC. Deputy Associate Administrator for Safety similar U.S.-certified motor vehicle, 49
Standards and Program Development. U.S.C. 30141(a)(1)(B) permits a
The reason given for the proposed
changes is that removal of the derails is [FR Doc. 05–23026 Filed 11–21–05; 8:45 am] nonconforming motor vehicle to be
to eliminate maintenance and operation BILLING CODE 4910–06–P admitted into the United States if its
of obsolete hardware no longer needed, safety features comply with, or are
and to reduce delays to trains caused by capable of being altered to comply with,
failures of the derails and the associated DEPARTMENT OF TRANSPORTATION all applicable FMVSS based on
movable bridges. The derails have been National Highway Traffic Safety destructive test data or such other
rendered obsolete by ATC and ACSES Administration evidence as NHTSA decides to be
technologies, which enforce slowing adequate.
and stopping of trains prior to passing [Docket No. NHTSA–2004–19549; Notice 2] Petitions for eligibility decisions may
the interlocking home signals in stop be submitted by either manufacturers or
position, rather than derail the train Decision That Nonconforming 2001 importers who have registered with
after it passes the stop signal. Chevrolet Blazer (Plant Code ‘‘K’’ or NHTSA pursuant to 49 CFR Part 592. As
Any interested party desiring to ‘‘2’’) Multipurpose Passenger Vehicles specified in 49 CFR 593.7, NHTSA
protest the granting of an application Are Eligible for Importation publishes notice in the Federal Register
shall set forth specifically the grounds AGENCY: National Highway Traffic of each petition that it receives, and
upon which the protest is made, and Safety Administration, DOT. affords interested persons an
include a concise statement of the ACTION: Notice of decision by National opportunity to comment on the petition.
interest of the party in the proceeding. Highway Traffic Safety Administration At the close of the comment period,
Additionally, one copy of the protest that nonconforming 2001 Chevrolet NHTSA decides, on the basis of the
shall be furnished to the applicant at the Blazer (plant code ‘‘K’’ or ‘‘2’’) petition and any comments that it has
address listed above. multipurpose passenger vehicles are received, whether the vehicle is eligible
All communications concerning this eligible for importation. for importation. The agency then
proceeding should be identified by the publishes this decision in the Federal
docket number and must be submitted SUMMARY: This document announces a Register.
to the Docket Clerk, DOT Central Docket decision by the National Highway Wallace Environmental Testing
Management Facility, Room PL–401 Traffic Safety Administration (NHTSA) Laboratories, Inc. (WETL) (Registered

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70656 Federal Register / Vol. 70, No. 224 / Tuesday, November 22, 2005 / Notices

Importer 90–005), petitioned NHTSA to similar to vehicles originally DEPARTMENT OF TRANSPORTATION


decide whether 2001 Chevrolet Blazer manufactured for sale in the U.S. and
MPVs are eligible for importation into capable of being modified to comply National Highway Traffic Safety
the United States. NHTSA published with the FMVSS. GM contended that Administration
notice of the petition on November 16, ‘‘* * * subject vehicles manufactured at
2004 (69 FR 67208) to afford an Petition for Exemption From the
all other locations should not be
opportunity for public comment. The Federal Motor Vehicle Theft Prevention
considered substantially similar to Standard; DaimlerChrysler
reader is referred to that notice for a vehicles originally manufactured for
thorough description of the petition. sale in the U.S. and, thus, not eligible AGENCY: National Highway Traffic
One comment was received in Safety Administration (NHTSA),
for importation.’’
response to the notice of the petition Department of Transportation (DOT).
from General Motors Corporation NHTSA accorded WETL an
ACTION: Grant of petition for exemption.
(‘‘GM’’), the manufacturer of the 2001 opportunity to respond to GM’s
Chevrolet Blazer. In this comment, GM comments. WETL stated that the 2001 SUMMARY: This document grants in full
stated that during the 2001 model year, Chevrolet Blazers that are the subject of the petition of DaimlerChrysler
GM and its subsidiaries and affiliates its petition are U.S. manufactured Corporation (DaimlerChrysler) for an
assembled Chevrolet Blazers at several vehicles with plant codes ‘‘K’’ or ‘‘2’’ in exemption of a high-theft line, the
locations around the world. Those the 11th position of their VINs. WETL Dodge Charger, from the parts-marking
intended for sale in the United States, therefore did not challenge GM’s requirements of the Federal Motor
Canada, and some other world markets, contention that vehicles with plant Vehicle Theft Prevention Standard. This
were produced at two assembly plants codes other than these should not be petition is granted because the agency
located within the United States, at considered substantially similar to U.S.- has determined that the antitheft device
Linden, New Jersey (identified by plant certified models and therefore eligible to be placed on the line as standard
code ‘‘K’’ in the 11th position of the equipment is likely to be as effective in
for importation. In view of GM’s
vehicle identification number or ‘‘VIN’’ reducing and deterring motor vehicle
comments and WETL’s response,
assigned to the vehicle) and at Moraine, theft as compliance with the parts-
Ohio, (identified by plant code ‘‘2’’ in NHTSA decided to grant import
eligibility only to 2001 Chevrolet marking requirements of the Theft
the 11th position of the VIN). Prevention Standard.
GM stated that production of 2001 Blazers with the plant code ‘‘K’’ or ‘‘2’’
in the eleventh character of their VINs. DATES: The exemption granted by this
Chevrolet Blazers also occurred at a
notice is effective beginning with model
number of plants outside of the United Vehicle Eligibility Number for Subject year (MY) 2007.
States. GM stated that in order to satisfy Vehicles FOR FURTHER INFORMATION CONTACT: Ms.
unique market conditions and local
regulations, vehicles produced at these Rosalind Proctor, Office of International
The importer of a vehicle admissible
foreign plants differed from those Policy, Fuel Economy and Consumer
under any final decision must indicate Programs, NHTSA, 400 Seventh Street,
produced domestically in a number of on the form HS–7 accompanying entry
respects, including the interior trim, SW., Washington, DC 20590. Ms.
the appropriate vehicle eligibility Proctor’s phone number is (202) 366–
chassis, and powertrain components number indicating that the vehicle is
with which they were built. Owing to 0846. Her fax number is (202) 493–2290.
eligible for entry. VSP–461 is the SUPPLEMENTARY INFORMATION: In a
the design and part differences between
vehicle eligibility number assigned to petition dated March 30, 2005,
the 2001 Chevrolet Blazers produced
vehicles admissible under this notice of DaimlerChrysler requested an
domestically, and those produced
overseas for foreign markets, GM stated final decision. exemption from the parts-marking
that there is no assurance that the Final Decision requirements of the theft prevention
vehicles produced overseas would standard (49 CFR part 541) for the
comply with, or are capable of being Accordingly, on the basis of the Dodge Charger vehicle line. The petition
readily altered to conform to all foregoing, NHTSA hereby decided that has been filed pursuant to 49 CFR part
applicable FMVSS. GM noted that it 2001 Chevrolet Blazer MPVs that were 543, Exemption from Vehicle Theft
does not typically perform tests or not originally manufactured to comply Prevention Standard, based on the
evaluations to determine the with all applicable FMVSS, but that installation of an antitheft device as
compliance of foreign market vehicles have been assigned vehicle standard equipment for an entire
with the FMVSS because the vehicles identification numbers in which the vehicle line. DaimlerChrysler’s
were never intended for sale or use in letter ‘‘K’’ or the number ‘‘2’’ is the submission is considered a complete
the U.S. market. GM further observed eleventh character, are substantially petition as required by 49 CFR 543.7, in
that Blazers built overseas for foreign similar to 2001 Chevrolet Blazer MPVs that it meets the general requirements
markets may contain locally sourced originally manufactured for sale in the contained in § 543.5 and the specific
parts that are not subject to the same content requirements of § 543.6. Under
United States and certified under 49
manufacturing, warranty, and approval § 543.5(a), a manufacturer may petition
U.S.C. 30115, and are capable of being
process used within GM’s North NHTSA to grant exemptions for one line
readily altered to conform to all
American operations and that these of its vehicle lines per year.
applicable FMVSS. DaimlerChrysler stated that all Dodge
foreign sourced parts may have an
impact on the vehicles’ conformity with Authority: 49 U.S.C. 30141(a)(1)(A) and Charger vehicles would be equipped
the FMVSS. (b)(1); 49 CFR 593.8; delegations of authority with a standard Sentry Key Immobilizer
In light of these considerations, GM at 49 CFR 1.50 and 501.8. System (SKIS) antitheft device. In its
expressed the opinion that only the U.S. petition, DaimlerChrysler provided a
Claude H. Harris,
manufactured versions of the subject detailed description and diagram of the
vehicles (those with plant codes ‘‘K’’ or Director, Office of Vehicle Safety Compliance. identity, design, and location of the
‘‘2’’ in the 11th position of their VINs) [FR Doc. 05–23099 Filed 11–21–05; 8:45 am] components of the antitheft device for
should be considered substantially BILLING CODE 4910–59–P the vehicle line. The SKIS antitheft

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