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Federal Register / Vol. 70, No.

52 / Friday, March 18, 2005 / Notices 13227

snow plows to strike them when DEPARTMENT OF TRANSPORTATION DEPARTMENT OF TRANSPORTATION


operating over the hump. If the waiver
is granted, NS would raise the height of Maritime Administration National Highway Traffic Safety
the pilot plates or snow plow to allow Administration
more clearance and would re-adjust the [Docket Number: MARAD 2004–17114] [Docket No. NHTSA–2000–6940]
height whenever it is necessary for a
hump assigned locomotive to be moved Availability of a Finding of No Anthropomorphic Test Devices; Denial
from Bellevue or Roanoke yards. Significant Impact of Petition for Reconsideration
Regarding the Hybrid III 5th Percentile
Interested parties are invited to AGENCY: Department of Transportation, Female Test Dummy, Alpha Version
participate in these proceedings by Maritime Administration.
submitting written views, data, or AGENCY: National Highway Traffic
comments. FRA does not anticipate ACTION: Notice of the availability of a Safety Administration (NHTSA), DOT.
scheduling a public hearing in finding of no significant impact. ACTION: Denial of petition for
connection with these proceedings since reconsideration.
the facts do not appear to warrant a SUMMARY: The purpose of this notice is
hearing. If any interested party desires to make available to the public the SUMMARY: This notice denies an August
an opportunity for oral comment, they Finding of No Significant Impact 29, 2002, petition for reconsideration
should notify FRA, in writing, before (FONSI) derived from the submitted by DaimlerChrysler. The
the end of the comment period and Environmental Assessment (EA) petitioner asked the agency to delay the
specify the basis for their request. regarding the Port of Anchorage (Port) effective date of the Hybrid III 5th
Marine Terminal Redevelopment Percentile Female Test Dummy,
All communications concerning these Project. The purpose of the project is to specified in the 49 CFR Part 572,
proceedings should identify the improve and enhance the existing dock Subpart O final rule, ‘‘Response to
appropriate docket number (FRA–2005– and terminal capability at the Port to Petitions for Reconsideration’’ (67 FR
20384) and must be submitted to the facilitate the transportation of goods and 46400).
Docket Clerk, DOT Docket Management people within the State of Alaska. FOR FURTHER INFORMATION CONTACT: For
Facility, Room PL–401 (Plaza Level), non-legal issues: Mr. Sean Doyle, Office
FOR FURTHER INFORMATION CONTACT:
400 7th Street, SW., Washington, DC of Crashworthiness Standards, NVS–
Daniel E. Yuska, Jr., Environmental
20590. Communications received within 111, National Highway Traffic Safety
Protection Specialist, Office of
45 days of the date of this notice will Environmental Activities, U.S. Maritime Administration, 400 Seventh Street,
be considered by FRA before final Administration, 400 7th Street, SW., SW., Washington, DC 20590. Telephone:
action is taken. Comments received after Room 7209, Washington, DC 20590; (202) 366–1740. Facsimile: (202) 473–
that date will be considered as far as telephone (202) 366–0714, fax (202) 2629. Electronic Mail:
practicable. All written communications 366–6988. Sean.Doyle@nhtsa.dot.gov.
concerning these proceedings are For legal issues: Mr. Christopher
available for examination during regular SUPPLEMENTARY INFORMATION: The Calamita, Office of Chief Counsel, NCC–
business hours (9 a.m.–5 p.m.) at the Maritime Administration, in 112, National Highway Traffic Safety
above facility. All documents in the cooperation with the Port of Anchorage, Administration, 400 Seventh Street,
public docket are also available for completed an EA that studied potential SW., Washington, DC 20590. Telephone:
inspection and copying on the Internet environmental effects associated with (202) 366–2992. Facsimile: (202) 366–
the redevelopment of the marine 3820. Electronic Mail:
at the docket facility’s Web site at
terminal used by the Port. The EA Christopher.Calamita@nhtsa.dot.gov.
http://dms.dot.gov.
considered potential effects to the
Anyone is able to search the natural and human environments SUPPLEMENTARY INFORMATION:
electronic form of all comments including: Air quality; water quality; Background
received into any of our dockets by the geology and soils; coastal resources;
name of the individual submitting the terrestrial resources; aquatic resources; DaimlerChrysler petitioned the
comment (or signing the comment, if navigation; hazardous materials; National Highway Traffic Safety
cultural and historic resources; visual Administration (NHTSA), in a letter
submitted on behalf of an association,
and aesthetic resources; and other topics dated August 29, 2002, to delay the
business, labor union, etc.). You may
associated with the proposed action. September 13, 2002, effective date for
review DOT’s complete Privacy Act
The FONSI is based on the analysis the dummy specified in the Part 572,
Statement in the Federal Register Subpart O final rule (67 FR 46400) until
published on April 11, 2000 (Volume presented in the Marine Terminal
Redevelopment EA. all issues related to the neck are
65, Number 70; Pages 19477–78). The resolved.
Statement may also be found at http:// The FONSI and the EA are available In the mid 1990’s, there had been
dms.dot.gov. for review at Loussac Library in serious concern regarding air bag related
Issued in Washington, DC on March 14, Anchorage or online at http:// fatalities and injuries to small female
2005. www.portofanchorage.org and http:// drivers seated close to deploying air
dms.dot.gov. bags in low speed crashes. Crash data
Grady C. Cothen, Jr.,
(Authority: 49 CFR 1.66.) showed that small-stature women often
Deputy Associate Administrator for Safety
Standards and Program Development. By Order of the Maritime Administrator. experienced a higher potential for
serious injury in low speed crashes,
[FR Doc. 05–5363 Filed 3–17–05; 8:45 am] Dated: March 11, 2005.
even when properly restrained. To help
BILLING CODE 4910–06–P Joel C. Richard, deal with these concerns, NHTSA
Secretary, Maritime Administration. published a notice of proposed
[FR Doc. 05–5335 Filed 3–17–05; 8:45 am] rulemaking (NPRM) on September 18,
BILLING CODE 4910–81–P 1998, to upgrade Federal Motor Vehicle

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13228 Federal Register / Vol. 70, No. 52 / Friday, March 18, 2005 / Notices

Safety Standard (FMVSS) No. 208, neck in the response to petitions for CFR Part 572, Subpart O, since the Nij
‘‘Occupant crash protection’’ (63 FR reconsideration of the advanced air bag neck injury criteria is specified in
49958). The NPRM proposed that rulemaking published on December 18, FMVSS No. 208 and is not relevant to
vehicles be equipped with advanced air 2001 (66 FR 65376). On July 15, 2002, 49 CFR Part 572.
bags that meet new and more rigorous the agency likewise denied the NHTSA fully understands that
performance requirements. The NPRM DaimlerChrysler petition for
DaimlerChrysler only petitioned to
proposed alternative options for reconsideration (submitted April 14,
discontinue use of the Nij in
complying with the new set of 2000) of the adoption of the Hybrid III
conjunction with the Hybrid III neck
performance requirements to ensure that 5th Percentile Female into 49 CFR Part
new air bags were designed to avoid 571, Subpart O (67 FR 46400). and did not petition to completely
causing injury to a broad array of discontinue use of the neck. NHTSA
Analysis acknowledges the likelihood that injury
occupants. After receiving public
comments, the agency published a In its petition for reconsideration causing moments are those of the
supplemental notice of proposed dated August 29, 2002, DaimlerChrysler ligamentous spine when some moment
rulemaking (SNPRM) on November 5, claimed that it either did not clearly levels are exceeded, as does the agency
1999, for FMVSS No. 208 (64 FR 60556) communicate its position in its April 14, acknowledge that the global neck
outlining the proposed Nij neck injury 2000, petition for reconsideration of the moments, measured by the Hybrid III
criterion. DaimlerChrysler submitted final rule (Subpart O) or NHTSA dummy neck, may include some
comments on December 23, 1999, misinterpreted what DaimlerChrysler contribution from the muscle pairs, as
(NHTSA Docket No. NHTSA–99–6407) was attempting to convey. In particular well as the local moment at the occipital
in response to the SNPRM citing its DaimlerChrysler stated that: condyle (OC). However, the agency
concerns over the need and usefulness 1. DaimlerChrysler only petitioned to disagrees that Nij cannot be used with
of the Nij specification as an adequate discontinue use of the Nij in the Hybrid III dummy neck, since the
neck injury measure in the advanced air conjunction with the Hybrid-III neck criteria was developed and validated for
bag rule, and questioning the sufficiency and did not petition to discontinue use that particular dummy neck.1
of the Hybrid III neck to measure of the neck; Furthermore, the Nij was adjusted to
appropriately the injury producing 2. The agency believes that account for possible muscle
forces and movements as they relate to DaimlerChrysler contends that the neck contribution.
the human neck. muscles do not contribute to global
moments of the neck, when DaimlerChrysler also questioned the
Complementing the November 5,
DaimlerChrysler’s position is that accuracy of the response of the Hybrid
1999, proposed rulemaking, the agency
incorporated in 49 CFR Part 572 the moments generated due to neck muscles III dummy neck with regards to the
specifications for the Hybrid III 5th do not contribute to injury; and moments recorded when there was little
Percentile Female Test Dummy (65 FR 3. The agency did not address head rotation. The agency’s analysis of
10961) on March 1, 2000. This dummy DaimlerChrysler’s claim that the basis of air bag loading patterns with the Hybrid
was incorporated to permit assessment the moment component of the Nij is the III neck showed that in nearly all cases
of the potential for injury to small- local moments, and that the global with high moments at the OC, there was
stature adults and teenagers in frontal moments (the moments measured by the also a corresponding high shear force
crashes and to facilitate the Hybrid III [neck]) cannot be used to caused by direct contact between the air
development of technologies that would estimate the local moments. bag and the neck. This correlation
minimize the risk of injury from 4. DaimlerChrysler questioned the between a high OC moment and high
deploying air bags, in part, through accuracy of the response of the Hybrid shear force measured by the upper and
application of Nij as an injury III dummy neck with regards to the lower neck load cells were recorded
assessment measure. In response to the moments recorded when there was little only when the air bag directly contacted
March 1, 2000, final rule, head rotation. the neck. Moreover, this direct neck
DaimlerChrysler submitted a petition for After consideration of contact did not always result in
reconsideration on April 14, 2000, again DaimlerChrysler’s August 29, 2002, significant head rotation. The agency,
stating its concern with the need for and petition for reconsideration of 49 CFR therefore, believes the moments being
use of Nij and the adequacy of the HIII Part 572, Subpart O final rule, NHTSA recorded are appropriate because they
5th Percentile Female Dummy’s neck. concludes that there is no reasonable are partly accounted for by the shear
After consideration of justification to delay the force that is occurring during contact.
DaimlerChrysler’s and others’ comments implementation date of the Hybrid III
to the November 1999 SNPRM, the 5th Percentile Female Test Dummy final Lastly, the Transportation Equity Act
agency published a final rule amending rule as the petitioner requested. The (TEA 21) initially specified the
FMVSS No. 208 on May 12, 2000 (65 FR issues in this petition for implementation of advanced air bags by
30680), adopting the proposed neck reconsideration were raised by September 1, 2002. The agency used
injury criteria. Since the publication of DaimlerChrysler previously, twice in provisions allowed in the Act to extend
the advanced air bag final rule, petitions of FMVSS No. 208 (June 26, the implementation date from
DaimlerChrysler has submitted 2000, Docket No. 00–7013 and February September 1, 2002 to September 1,
additional petitions to FMVSS No. 208 1, 2002, Docket No. 01–1110) and once 2003, (January 1, 2003, Docket No. 02–
on June 26, 2000, and February 1, 2002, in a petition of 49 CFR Part 572 (April 14270). To further ease the transition, a
reiterating its previous objection 14, 2000, Docket No. 00–6940). The phase-in period was established with
regarding Nij and the Hybrid III 5th agency fully understood and considered the first year of implementation reduced
Percentile Female Test Dummy’s neck. the issues raised by DaimlerChrysler
The agency first addressed when it denied those three previous 1 ‘‘Development of Improved Injury Criteria for

DaimlerChrysler’s petitions for petitions. The agency does not believe it the Assessment of Advanced Automotive Restraint
Systems—II’’ and ‘‘Supplemental: Development of
reconsideration concerning the is appropriate to challenge the validity Improved Injury Criteria for the Assessment of
adequacy of the Nij and the Hybrid III of Nij in a petition for reconsideration Advanced Automotive Restraint Systems—II’’
5th Percentile Female Test Dummy’s of a rule implementing or amending 49 (NHTSA Docket # 1999–6407).

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Federal Register / Vol. 70, No. 52 / Friday, March 18, 2005 / Notices 13229

to 20% of the vehicle production.2 manufactured for importation into and Cayenne multipurpose passenger
Consequently, 20% of the vehicle fleet sale in the United States and that were vehicles are eligible for importation into
already complies with the advanced air certified by their manufacturer as the United States. The vehicles which
bag requirements, and within the next complying with the safety standards, US SPECS believes are substantially
few months the majority of the vehicle and (2) they are capable of being readily similar are 2003–2004 Porsche Cayenne
fleet (65% of model year 2005 vehicles) altered to conform to the standards. multipurpose passenger vehicles that
will comply with the advanced air bag DATES: The closing date for comments were manufactured for importation into,
requirements. To date, there have been on the petition is April 18, 2005. and sale in, the United States and
no manufacturers unable to meet the ADDRESSES: Comments should refer to certified by their manufacturer as
FMVSS No. 208 Nij requirements. the docket number and notice number, conforming to all applicable Federal
and be submitted to: Docket motor vehicle safety standards.
Conclusion The petitioner claims that it carefully
Management, Room PL–401, 400
Inasmuch as the DaimlerChrysler’s compared non-U.S. certified 2003–2004
Seventh St., SW., Washington, DC
petition did not provide further test data Porsche Cayenne multipurpose
20590. [Docket hours are from 9 a.m. to
to support its petition, and the Nij limits passenger vehicles to their U.S.-certified
5 p.m.]. Anyone is able to search the
are practicable and have contributed to counterparts, and found the vehicles to
electronic form of all comments
the elimination of special risks for be substantially similar with respect to
received into any of our dockets by the
small-statured occupants, the agency compliance with most Federal motor
name of the individual submitting the
finds no reason or justification for vehicle safety standards.
comment (or signing the comment, if US SPECS submitted information
giving the DaimlerChrysler petition
submitted on behalf of an association, with its petition intended to
further consideration. Accordingly, the
business, labor union, etc.). You may demonstrate that non-U.S. certified
DaimlerChrysler Petition for
review DOT’s complete Privacy Act 2003–2004 Porsche Cayenne
Reconsideration of August 29, 2002, is
Statement in the Federal Register multipurpose passenger vehicles as
hereby denied.
published on April 11, 2000 (Volume originally manufactured, conform to
Authority: 49 U.S.C. 30162; delegations of 65, Number 70; Pages 19477–78) or you
authority at 49 CFR 1.50 and 49 CFR 501.8. many Federal motor vehicle safety
may visit http://dms.dot.gov. standards in the same manner as their
Issued on: March 14, 2005. FOR FURTHER INFORMATION CONTACT: U.S. certified counterparts, or are
Stephen R. Kratzke, Coleman Sachs, Office of Vehicle Safety capable of being readily altered to
Associate Administrator for Rulemaking. Compliance, NHTSA (202–366–3151). conform to those standards.
[FR Doc. 05–5342 Filed 3–17–05; 8:45 am] SUPPLEMENTARY INFORMATION: Specifically, the petitioner claims that
BILLING CODE 4910–59–P non-U.S. certified 2003–2004 Porsche
Background
Cayenne multipurpose passenger
Under 49 U.S.C. 30141(a)(1)(A), a vehicles are identical to their U.S-
DEPARTMENT OF TRANSPORTATION motor vehicle that was not originally certified counterparts with respect to
manufactured to conform to all compliance with Standard Nos. 102
National Highway Traffic Safety applicable Federal motor vehicle safety Transmission Shift Lever Sequence,
Administration standards shall be refused admission Starter Interlock, and Transmission
[Docket No. NHTSA–2005–20649] into the United States unless NHTSA Braking Effect, 103 Windshield
has decided that the motor vehicle is Defrosting and Defogging Systems, 104
Notice of Receipt of Petition for substantially similar to a motor vehicle Windshield Wiping and Washing
Decision That Nonconforming 2003– originally manufactured for importation Systems, 106 Brake Hoses, 113 Hood
2004 Porsche Cayenne Multipurpose into and sale in the United States, Latch System, 116 Motor Vehicle Brake
Passenger Vehicles Are Eligible for certified under 49 U.S.C. 30115, and of Fluids, 119 New Pneumatic Tires for
Importation the same model year as the model of the Vehicles Other than Passenger Cars, 124
motor vehicle to be compared, and is Accelerator Control Systems, 135
AGENCY: National Highway Traffic capable of being readily altered to Passenger Car Brake Systems, 201
Safety Administration, DOT. conform to all applicable Federal motor Occupant Protection in Interior Impact,
ACTION: Notice of receipt of petition for vehicle safety standards. 202 Head Restraints, 204 Steering
decision that nonconforming 2003–2004 Petitions for eligibility decisions may Control Rearward Displacement, 205
Porsche Cayenne multipurpose be submitted by either manufacturers or Glazing Materials, 207 Seating Systems,
passenger vehicles are eligible for importers who have registered with 210 Seat Belt Assembly Anchorages, 212
importation. NHTSA pursuant to 49 CFR part 592. As Windshield Mounting, 214 Side Impact
SUMMARY: This document announces
specified in 49 CFR 593.7, NHTSA Protection, 216 Roof Crush Resistance,
receipt by the National Highway Traffic publishes notice in the Federal Register 219 Windshield Zone Intrusion, and 302
Safety Administration (NHTSA) of a of each petition that it receives, and Flammability of Interior Materials.
petition for a decision that 2003–2004 affords interested persons an The petitioner also contends that the
Porsche Cayenne multipurpose opportunity to comment on the petition. vehicles are capable of being readily
passenger vehicles that were not At the close of the comment period, altered to meet the following standards,
originally manufactured to comply with NHTSA decides, on the basis of the in the manner indicated:
all applicable Federal motor vehicle petition and any comments that it has Standard No. 101 Controls and
safety standards, are eligible for received, whether the vehicle is eligible Displays: Replacement or conversion of
importation into the United States for importation. The agency then the speedometer to read in miles per
because (1) they are substantially publishes this decision in the Federal hours.
Register. Standard No. 108 Lamps, Reflective
similar to vehicles that were originally
US SPECS of Aberdeen, Maryland Devices and Associated Equipment:
2 The second year of the phase-in requires 65% (Registered Importer 03–321) has Installation, on vehicles that are not
of the production to comply with the advanced air petitioned NHTSA to decide whether already so equipped, of U.S.-model
bag requirement. nonconforming 2003–2004 Porsche headlamps, front side marker lamps,

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