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33504 Federal Register / Vol. 71, No.

111 / Friday, June 9, 2006 / Notices

regulations are complex. Given the Factor’’. Furthermore, FTA seeks DEPARTMENT OF TRANSPORTATION
depth of interest among FTA’s comments on its approach to using the
stakeholders and the time needed to same cost-effectiveness breakpoints that Maritime Administration
develop an NPRM, it is clear that it will are currently applied to all New Starts [Docket Number 2006–24994]
not be possible for the NPRM to be projects, but adjusted upward using a
developed and issued, comments nationally estimated 20-year growth Requested Administrative Waiver of
received and addressed, and a Final forecast applied to the user benefits of the Coastwise Trade Laws
Rule published before the start of Fiscal the opening year to account for the
Year 2007. While the existing New additional user benefits that are AGENCY: Maritime Administration,
Starts regulation can continue to be Department of Transportation.
expected to accrue from the project over
used to govern the New Starts program, a 20 year period. Project sponsors would ACTION: Invitation for public comments
the process in place is not consistent not be required to submit anything other on a requested administrative waiver of
with the simplifications intended for the the Coastwise Trade Laws for the vessel
than opening year forecasts, as required
Small Starts program. FTA does not feel CONUNDRUM.
by SAFETEA–LU, but projects would
it would be consistent with the
legislative intent for this new program not be penalized by the fact that the SUMMARY: As authorized by Public Law
category to require candidate projects current breakpoints were originally 105–383 and Public Law 107–295, the
for funding under this category to be calculated assuming a 20 year forecast. Secretary of Transportation, as
subject to the same level of analysis now FTA will be exploring further represented by the Maritime
required for New Starts projects until a simplification and process Administration (MARAD), is authorized
Final Rule can be promulgated. Thus, improvements both for Small Starts and to grant waivers of the U.S.-build
FTA has developed and is hereby New Starts as it develops the NPRM. requirement of the coastwise laws under
making available proposed Interim Comments on the ANPRM, the January certain circumstances. A request for
Guidance on Small Starts. The proposed 19, 2006, notice, and the guidance made such a waiver has been received by
guidance is intended to allow project available by this notice will be taken MARAD. The vessel, and a brief
sponsors to begin to develop candidate into account in that process. FTA description of the proposed service, is
Small Starts projects for evaluation and listed below. The complete application
believes that the approach contained in
potential funding in fiscal year 2007 and is given in DOT docket 2006–24994 at
the proposed Interim Guidance may be
to permit projects to be evaluated for http://dms.dot.gov. Interested parties
streamlined further in the NPRM and may comment on the effect this action
possible inclusion in the fiscal year Final Rule. Project sponsors complying
2008 New Starts Report, to be issued in may have on U.S. vessel builders or
with the proposed Interim Guidance businesses in the U.S. that use U.S.-flag
February 2007.
would thus be assured that they would vessels. If MARAD determines, in
In developing the proposed Interim easily comply with the Final Rule.
Guidance for Small Starts, FTA’s accordance with Public Law 105–383
primary goal was to account for the Although FTA is not providing a and MARAD’s regulations at 46 CFR
intent of SAFETEA–LU to develop detailed summary of the comments part 388 (68 FR 23084; April 30, 2003),
project development processes and received on the ANPRM at this time, that the issuance of the waiver will have
evaluation criteria that are simpler than FTA did take the comments into an unduly adverse effect on a U.S.-
those required for New Starts. At the account in developing the proposed vessel builder or a business that uses
same time, FTA recognizes that there Interim Guidance. The proposed Interim U.S.-flag vessels in that business, a
may be additional streamlining steps Guidance is not intended to fully waiver will not be granted. Comments
that may be taken as part of the address all of the changes which may be should refer to the docket number of
rulemaking process. On the other hand, proposed in the Final Rule. Further, the this notice and the vessel name in order
the final results of the rulemaking proposed Interim Guidance is being for MARAD to properly consider the
process cannot yet be predicted. made available for comment at this comments. Comments should also state
Pending the results of that process, FTA the commenter’s interest in the waiver
time. Thus, FTA felt it was more
wants to make sure that project sponsors application, and address the waiver
appropriate to summarize the comment
would not be faced with a situation in criteria given in § 388.4 of MARAD’s
on both the original ANPRM and on this regulations at 46 CFR part 388.
which project sponsors might have to be Notice when the NPRM is issued and it
required to go back and do additional DATES: Submit comments on or before
will summarize comments received on
work to comply with the requirements July 10, 2006.
the proposed Interim Guidance when it
in the Final Rule. Thus, the Interim is published as final in the Federal ADDRESSES: Comments should refer to
Guidance is largely based on the current Register. docket number MARAD–2006 24994.
New Starts project development and Written comments may be submitted by
evaluation process, simplified to FTA has posted the proposed Interim hand or by mail to the Docket Clerk,
account for those differences that are Guidance on its Web site as well as in U.S. DOT Dockets, Room PL–401,
clearly defined in SAFETEA–LU. In the docket for this notice. Comments Department of Transportation, 400 7th
addition, FTA has created a sub- should be made to the docket in St., SW., Washington, DC 20590–0001.
category of Very Small Starts projects, accordance with the instructions You may also send comments
which by their very nature will be rated provided above. electronically via the Internet at http://
as ‘‘Medium’’. While FTA is seeking Issued in Washington, DC this 6th day of dmses.dot.gov/submit/. All comments
comment on all aspects of the Interim June 2006. will become part of this docket and will
Guidance, in particular, FTA is Sandra K. Bushue,
be available for inspection and copying
jlentini on PROD1PC65 with NOTICES

interested if there are other ways to at the above address between 10 a.m.
streamline the financial reporting and Deputy Administrator. and 5 p.m., E.T., Monday through
land use requirements and whether it is [FR Doc. E6–9030 Filed 6–8–06; 8:45 am] Friday, except federal holidays. An
appropriate, in the interim, to evaluate BILLING CODE 4910–57–P electronic version of this document and
economic development as an ‘‘Other all documents entered into this docket

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Federal Register / Vol. 71, No. 111 / Friday, June 9, 2006 / Notices 33505

is available on the World Wide Web at the commenter’s interest in the waiver and 2006 do not comply with S4.3(b) of
http://dms.dot.gov. application, and address the waiver 49 CFR 571.110, Federal Motor Vehicle
FOR FURTHER INFORMATION CONTACT: criteria given in § 388.4 of MARAD’s Safety Standard (FMVSS) No. 110, ‘‘Tire
Joann Spittle, U.S. Department of regulations at 46 CFR part 388. selection and rims.’’ Pursuant to 49
Transportation, Maritime DATES: Submit comments on or before U.S.C. 30118(d) and 30120(h),
Administration, MAR–830 Room 7201, July 10, 2006. Volkswagen has petitioned for a
400 Seventh Street, SW., Washington, determination that this noncompliance
ADDRESSES: Comments should refer to
DC 20590. Telephone 202–366–5979. is inconsequential to motor vehicle
docket number MARAD–2006–24995.
SUPPLEMENTARY INFORMATION: As safety and has filed an appropriate
Written comments may be submitted by
described by the applicant the intended report pursuant to 49 CFR Part 573,
hand or by mail to the Docket Clerk,
service of the vessel CONUNDRUM is: ‘‘Defect and Noncompliance Reports.’’
U.S. DOT Dockets, Room PL–401,
Intended Use: ‘‘pleasure charter yacht Notice of receipt of a petition was
Department of Transportation, 400 7th
for hire.’’ published, with a 30-day comment
St., SW., Washington, DC 20590–0001.
Geographic Region: Atlantic Seaboard period, on April 7, 2006, in the Federal
You may also send comments
to Virgin Islands. Register (71 FR 17953). NHTSA
electronically via the Internet at http://
received no comments.
Dated: June 5, 2006. dmses.dot.gov/submit/. All comments Affected are a total of approximately
By order of the Maritime Administrator. will become part of this docket and will 39 Phaeton vehicles produced between
Joel C. Richard, be available for inspection and copying May 22, 2005 and March 8, 2006.
Secretary, Maritime Administration. at the above address between 10 a.m. S4.3(b) of FMVSS No. 110 requires that
and 5 p.m., E.T., Monday through a ‘‘placard, permanently affixed to the
[FR Doc. E6–8987 Filed 6–8–06; 8:45 am]
Friday, except Federal holidays. An glove compartment door or an equally
BILLING CODE 4910–81–P
electronic version of this document and accessible location, shall display the
all documents entered into this docket * * * [d]esignated seating capacity.’’
DEPARTMENT OF TRANSPORTATION is available on the World Wide Web at The noncompliant vehicles have
http://dms.dot.gov. placards stating that the seating capacity
Maritime Administration FOR FURTHER INFORMATION CONTACT: is five when in fact the seating capacity
[Docket Number 2006–24995]
Joann Spittle, U.S. Department of is four. Volkswagen has corrected the
Transportation, Maritime problem that caused these errors so that
Requested Administrative Waiver of Administration, MAR–830 Room 7201, they will not be repeated in future
the Coastwise Trade Laws 400 Seventh Street, SW., Washington, production.
DC 20590. Telephone 202–366–5979. Volkswagen believes that the
AGENCY: Maritime Administration, SUPPLEMENTARY INFORMATION: As noncompliance is inconsequential to
Department of Transportation. described by the applicant the intended motor vehicle safety and that no
ACTION: Invitation for public comments service of the vessel PHOENIX is: corrective action is warranted.
on a requested administrative waiver of Intended Use: ‘‘The primary intended Volkswagen states that consumers will
the Coastwise Trade Laws for the vessel use of the vessel is for marine research. look at the number of seats and safety
PHOENIX. The vessel may also be used for belts to determine the vehicle’s
incidental commercial passenger capacity. Volkswagen explains that
SUMMARY: As authorized by Public Law although the rear seat capacity on the
105–383 and Public Law 107–295, the operations.’’
Geographic Region: The Gulf of placard states three, the vehicles have
Secretary of Transportation, as only two rear seats, and the space that
represented by the Maritime Mexico region, including the states of
Florida, Alabama, Mississippi, would be occupied by a middle-
Administration (MARAD), is authorized occupant position contains a center
to grant waivers of the U.S.-build Louisiana and Texas, with also potential
visits to the U.S. territories, including console.
requirement of the coastwise laws under Volkswagen further states that,
certain circumstances. A request for the Virgin Islands and Puerto Rico.
because the rear seats do not
such a waiver has been received by Dated: June 5, 2006. accommodate three people, the seating
MARAD. The vessel, and a brief By order of the Maritime Administrator. capacity labeling error has no impact on
description of the proposed service, is Joel C. Richard, the vehicle capacity weight,
listed below. The complete application Secretary, Maritime Administration. recommended cold tire inflation
is given in DOT docket 2006–24995 at [FR Doc. E6–8988 Filed 6–8–06; 8:45 am] pressure, or recommended size
http://dms.dot.gov. Interested parties BILLING CODE 4910–81–P
designation information. Also,
may comment on the effect this action Volkswagen says that it is impossible to
may have on U.S. vessel builders or overload the rear seat by relying on the
businesses in the U.S. that use U.S.-flag DEPARTMENT OF TRANSPORTATION incorrect designated seating capacity
vessels. If MARAD determines, in information.
accordance with Public Law 105–383 National Highway Traffic Safety NHTSA agrees with Volkswagen that
and MARAD’s regulations at 46 CFR Administration the noncompliance is inconsequential to
part 388 (68 FR 23084; April 30, 2003), motor vehicle safety. Although the
that the issuance of the waiver will have [Docket No. NHTSA 2006–24323; Notice 2] placard states a rear seat capacity of
an unduly adverse effect on a U.S.- Volkswagen of America Inc., Grant of three, a consumer can easily determine
vessel builder or a business that uses Petition for Decision of the seating capacity by looking at the
U.S.-flag vessels in that business, a Inconsequential Noncompliance number of rear seats and occupant
jlentini on PROD1PC65 with NOTICES

waiver will not be granted. Comments restraints, which clearly indicate a


should refer to the docket number of Volkswagen of America Inc. seating capacity of two with a center
this notice and the vessel name in order (Volkswagen) has determined that the console. Further, the mislabeling does
for MARAD to properly consider the designated seating capacity placards on not affect the vehicle capacity weight,
comments. Comments should also state certain vehicles that it produced in 2005 recommended cold tire inflation

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