67212 Federal Register / Vol. 69, No. 220 / Tuesday, November 16, 2004 / Notices 

part 573, ‘‘Defect and Noncompliance 

Reports.’’ Notice of receipt of a petition 

was published, with a 30-day comment 

period, on May 28, 2004, in the Federal 

Register (69 FR 30745). NHTSA 

received no comments. 

Approximately 47,962 model year 

2004 vehicles are affected including 

approximately 37,663 Touareg, 

approximately 2,268 Phaeton and 

approximately 8,031 Audi A8L vehicles. 

S4.2.2(a) of FMVSS No. 114 requires 

that

* * * provided that steering is prevented 

upon the key’s removal, each vehicle * * * 

[which has an automatic transmission with a 

‘‘park’’ position] may permit key removal 

when electrical failure of this [key-locking] 

system * * * occurs or may have a device 

which, when activated, permits key removal.

In the affected vehicles, the steering 

does not lock when the key is removed 

using the override system provided to 

permit key removal when the 

transmission is not in the ‘‘park’’

position. 

Volkswagen believes the 

noncompliance is inconsequential to 

motor vehicle safety and that no 

corrective action is warranted. 

Volkswagen explained:

In the Volkswagen and Audi car lines for 

which this petition is submitted, the ability 

to remove the key with the override system 

is the priority security and safety feature (to 

the extent that it prevents a stolen vehicle 

from being driven) because the vehicles are 

equipped with an electronic immobilizer 

which prevents starting of the vehicle unless 

the electronically coded key provided for that 

vehicle is used. The code to start the engine 

and activate the fuel and ignition system is 

embedded in the engine control module and 

therefore cannot be bypassed or defeated. If 

the key cannot be removed in the event of 

vehicle power failure, the owner will not be 

able to lock the vehicle and the car can be 

started and driven by anyone who can get it 

repaired, which is as simple as a jump start.

Volkswagen explained that when 

there is no vehicle power failure and the 

override device is used to remove the 

key when the transmission is not in 

‘‘park,’’ there is no risk to motor vehicle 

safety because this would occur only in 

a repair shop or under supervised 

conditions when the vehicle must be 

moved but it is desired to remove the 

key for security reasons. Volkswagen 

stated that in this case, the electronic 

immobilizer provides anti-theft 

protection and the steering lock is not 

significant. 

The agency agrees with Volkswagen. 

The owner’s manuals for these vehicles 

state as follows:

There is a chip in the [ignition] key. It 

automatically deactivates the immobilizer 

when the key is inserted into the ignition 

lock. The electronic immobilizer is 

automatically activated when you take the 

key out of the ignition lock.

NHTSA issued an interpretation letter 

to an unnamed person on September 24, 

2004, which stated in pertinent part as 

follows:

The engine control module immobilizer 

described in your letter satisfies the 

requirements of S4.2(b) because it locks out 

the engine control module if an attempt is 

made to start the vehicle without the correct 

key or to bypass the electronic ignition 

system. When the engine control module is 

locked, the vehicle is not capable of forward 

self-mobility because it is incapable of 

moving forward under its own power.

Theft protection of vehicles is 

addressed under S4.2 of the standard. 

Section 4.2(b) can be met by preventing 

either steering or forward self-mobility. 

Therefore, an equivalent level of theft 

protection is provided by ‘‘either 

steering or forward self-mobility.’’

NHTSA amended FMVSS No. 114 in 

1990 to require that vehicles with an 

automatic transmission and a ‘‘park’’

position be shifted to ‘‘park’’ or become 

locked in park before the key can be 

removed to reduce incidents of vehicle 

rollaway. S4.2.2(a) was added in 1991 to 

permit key removal when an electrical 

failure occurred and the transmission 

could not be manually shifted into park, 

provided that steering was prevented for 

theft protection. 

The forward self-mobility feature does 

not prevent vehicle rollaway by itself. 

However, the parking brake used in 

combination with the forward selfmobility feature will prevent rollaway. 

The owner’s manuals for these vehicles 

include the following information:

The parking brake can be used to prevent the 

vehicle from moving unintentionally. Always 

apply the parking brake when you leave your 

vehicle and when you park.

If an electrical failure occurs when the 

transmission is not in park, the driver 

may be able to remove the ignition key 

using the information in the owner’s 

manual, but will more likely contact the 

manufacturer’s hotline or dealer for 

assistance. Volkswagen is instructing its 

hotline staff and advising its dealers via 

a service bulletin to ask the caller to 

ensure that the parking brake is firmly 

applied before attempting to remove the 

key. 

In consideration of the foregoing, 

NHTSA has decided that the petitioner 

has met its burden of persuasion that 

the noncompliance described is 

inconsequential to motor vehicle safety. 

Accordingly, Volkswagen’s petition is 

granted and the petitioner is exempted 

from the obligation of providing 

notification of, and a remedy for, the 

noncompliance.

Authority: 49 U.S.C. 30118, 30120; 

delegations of authority at CFR 1.50 and 

501.8.

Issued on: November 10, 2004. 

Kenneth N. Weinstein, 

Associate Administrator for Enforcement.

[FR Doc. 04–25422 Filed 11–15–04; 8:45 am] 

BILLING CODE 4910–59–P

DEPARTMENT OF TRANSPORTATION

Research and Special Programs 

Administration 

[Docket No. RSPA–04–18607; Notice 2] 

Pipeline Safety: Grant of Waiver; 

Alyeska Pipeline Service Company

AGENCY: Research and Special Programs 

Administration (RSPA), DOT.

ACTION: Notice; grant of waiver.

SUMMARY: The Research and Special 

Programs Administration’s (RSPA) 

Office of Pipeline Safety (OPS) is 

granting Alyeska Pipeline Service 

Company’s (Alyeska) petition for a 

waiver of the pipeline safety regulation 

that requires an operator to reduce the 

pressure of a pipeline to not more than 

50 percent of the maximum operating 

pressure whenever the line pipe is 

moved.

SUPPLEMENTARY INFORMATION: 

Background 

Alyeska petitioned RSPA/OPS for a 

waiver from compliance with the 

requirements of 49 CFR 195.424(a) for 

420 miles of aboveground line pipe in 

the Trans Alaska Pipeline System 

(TAPS). TAPS was designed and 

constructed between 1973 and 1977 to 

transport oil 800 miles from Prudhoe 

Bay, Alaska, to Alyeska’s marine 

terminal at Valdez, Alaska. Over half of 

the TAPS pipeline was constructed 

aboveground. Section 195.424(a) does 

not allow a pipeline operator to move 

any line pipe unless the pressure in the 

pipeline section is reduced to not more 

than 50 percent of the maximum 

operating pressure (MOP). Alyeska 

argues that lowering the pressure on the 

aboveground portion of TAPS is not 

necessary and is disruptive and 

burdensome to its pipeline operations. 

The requested waiver would apply 

whenever routine maintenance 

necessitates that the aboveground line 

pipe be moved laterally, longitudinally 

or vertically, to relieve pipe stresses and 

restore the pipe to its intended position. 

On July 22, 2004, RSPA/OPS published 

a notice in the Federal Register

requesting public comment on Alyeska’s 

waiver request (69 FR 43880). No 

Federal Register / Vol. 69, No. 220 / Tuesday, November 16, 2004 / Notices 67213

comments were received in response to 

this Notice. 

Findings and Grant of Waiver 

RSPA/OPS finds that Alyeska’s 

requested waiver from § 195.424 (a) is 

not inconsistent with pipeline safety for 

the following reasons: 

1. Because of its unique design, the 

aboveground portion of TAPS behaves 

differently from conventionally buried 

pipelines. Moving a buried pipeline 

during maintenance activities may 

impose additional stresses on the pipe. 

Thus, lowering the pipeline pressure 

prior to movement provides a safety 

factor and reduces the possibility of 

pipeline failure from overstressing the 

pipe. In contrast, TAPS’ aboveground 

pipeline is placed on support structures 

that allow the pipeline to move freely 

within a design range without imposing 

additional stresses on the pipeline. This 

design feature eliminates or reduces 

stresses imposed on the pipeline due to 

thermal expansion, seismic events, or 

settlement of the support structures and 

reduces the need to reduce pressure on 

the pipeline. 

2. The TAPS pipeline is fully 

restrained where it transitions between 

underground and aboveground sections. 

The point of restraint is located 

approximately 1,000–1,500 feet away 

from the transition. This is point where 

the pipeline begins to behave as a fully 

restrained underground structure. 

Aboveground piping is more easily 

monitored and is much less restrained 

than underground pipe. Stresses 

imposed on aboveground pipe in the 

TAPS system are resolved by allowing 

movement of the pipe on support 

structures. Therefore, it is not necessary 

to reduce operating pressure on 

aboveground sections of the TAPS 

pipeline during routine maintenance 

activities. 

3. Alyeska has established 

maintenance procedures to ensure the 

safety of the aboveground portion of this 

pipeline. These maintenance procedures 

ensure that the pipeline is maintained 

within its safe operating design limits. 

Alyeska has procedures to: 

• Install temporary support brackets 

to lift and replace the pipeline’s vertical 

support members (VSMs); 

• Calibrate the spring hangers and 

balance the load across the VSM; 

• Adjust the brackets and re-level the 

anchor platforms whenever the anchor 

platform exceeds 2 percent; 

• Reposition the anchor slide plate to 

return the anchor to its proper 

alignment; and 

• Adjust the elevation of the pipe 

shoes to increase the flexibility of the 

pipeline during pipe movement. 

Many of these maintenance 

procedures are considered ‘‘covered 

tasks’’ under 49 CFR 195.501, 

Qualification of Pipeline Personnel. All 

steps of a procedure are mandatory and 

must be followed by pipeline 

maintenance personnel. Maintenance 

crew members must be qualified on the 

method of applying a procedure and on 

how to provide notification to the 

Operations Control Center, the local 

Maintenance Coordinator, the Control 

Room Operator, and the nearest 

upstream pump station prior to 

performing a procedure. 

Based on these findings, RSPA/OPS 

grants Alyeska’s request for a waiver of 

the requirements of § 195.424(a) for the 

aboveground portion of TAPS. The grant 

of this waiver is conditioned on the 

following items. Alyeska must—

• Apply this waiver only to the 

aboveground portions of TAPS; 

• Apply this waiver during instances 

of routine pipe movement provided the 

pipe movement does not increase the 

stresses on the pipe; 

• Not apply this waiver during 

instances where the pipe has fallen off 

the pipe supports due to seismic or 

hydraulic events, frost jacking, or 

dilapidated support structures; and 

• Apply this waiver only during 

instances whenever routine 

maintenance necessitates the 

aboveground pipe be moved laterally, 

longitudinally or vertically, to relieve 

pipe stresses and restore the pipe to its 

intended position. 

If Alyeska does not comply with any 

of these requirements, or if 

circumstances indicate that the waiver 

compromises the safety of the pipeline 

or of people or property, RSPA/OPS 

reserves the right to terminate the 

waiver.

Authority: 49 U.S.C. 60118(c) and 49 CFR 

1.53.

Issued in Washington, DC on November 10, 

2004. 

Stacey L. Gerard, 

Associate Administrator for Pipeline Safety.

[FR Doc. 04–25427 Filed 11–15–04; 8:45 am] 

BILLING CODE 4910–60–P

DEPARTMENT OF THE TREASURY

Internal Revenue Service 

Proposed Collection; Comment 

Request for Forms 9460 and 9477

AGENCY: Internal Revenue Service (IRS), 

Treasury.

ACTION: Notice and request for 

comments. 

SUMMARY: The Department of the 

Treasury, as part of its continuing effort 

to reduce paperwork and respondent 

burden, invites the general public and 

other Federal agencies to take this 

opportunity to comment on proposed 

and/or continuing information 

collections, as required by the 

Paperwork Reduction Act of 1995, 

Public Law 104–13 (44 U.S.C. 

3506(c)(2)(A)). Currently, the IRS is 

soliciting comments concerning Forms 

9460 and 9477, Tax Forms Inventory 

Report.

DATES: Written comments should be 

received on or before January 18, 2005, 

to be assured of consideration.

ADDRESSES: Direct all written comments 

to R. Joseph Durbala, Internal Revenue 

Service, room 6516, 1111 Constitution 

Avenue, NW., Washington, DC 20224.

FOR FURTHER INFORMATION CONTACT:

Requests for additional information or 

copies of the forms and instructions 

should be directed to Carol Savage at 

Internal Revenue Service, room 6516, 

1111 Constitution Avenue, NW., 

Washington, DC 20224, or at (202) 622–

3945, or through the Internet at 

CAROL.A.SAVAGE@irs.gov.

SUPPLEMENTARY INFORMATION: 

Title: Tax Forms Inventory Report. 

OMB Number: 1545–1739. 

Forms Numbers: 9460 and 9477. 

Abstract: Forms 9460 and 9477 are 

designed to collect tax forms inventory 

information from banks, post offices, 

and libraries that distribute federal tax 

forms. Data is collected detailing the 

quantities and types of tax forms 

remaining at the end of the filing 

season. The data is combined with the 

shipment date for each account and 

used to establish forms distribution 

guidelines for the following year. Form 

9460 is used for accounts who order 

forms in carton quantities, and Form 

9477 is used for those who order forms 

in less than carton quantities. 

Current Actions: There are no changes 

being made to the forms at this time. 

Type of Review: Extension of a 

currently approved collection. 

Affected Public: Business or other forprofit organizations, not-for-profit 

institutions, and the Federal 

government. 

Estimated Number of Respondents:

14,000. 

Estimated Time Per Respondent: 14 

minutes. 

Estimated Total Annual Burden 

Hours: 3,417. 

The following paragraph applies to all 

of the collections of information covered 

by this notice: 

An agency may not conduct or 

sponsor, and a person is not required to