Federal Register / Vol. 72, No. 139 / Friday, July 20, 2007 / Notices 39891 

those devices in lines for which NHTSA 

has already granted full exemption. 

On the basis of this comparison, 

MBUSA informed the agency that the CLine Chassis vehicle line was first 

introduced as a model year 1994 

vehicle. MBUSA stated that based on 

NHTSA’s theft rates from 1994 to 2004, 

the average theft rate of the C-Line 

Chassis vehicles without the 

immobilizer was 1.6437 (CY 1994–1997) 

and 1.4167 after installation of the 

immobilizer device. MBUSA concluded 

that the data indicates that the 

immobilizer was effective in 

contributing to the theft rate reduction 

for its C-Line Chassis vehicles. 

Pursuant to 49 U.S.C. 33106 and 49 

CFR 543.7(b), the agency grants a 

petition for an exemption from the 

parts-marking requirements of part 541 

either in whole or in part, if it 

determines that, based upon substantial 

evidence, the standard equipment 

antitheft device is likely to be as 

effective in reducing and deterring 

motor vehicle theft as compliance with 

the parts-marking requirements of part 

541. The agency finds that MBUSA has 

provided adequate reasons for its belief 

that the antitheft device will reduce and 

deter theft. This conclusion is based on 

the information MBUSA provided about 

its device. 

The agency concludes that the device 

will provide the five types of 

performance listed in § 543.6(a)(3): 

Promoting activation; attracting 

attention to the efforts of unauthorized 

persons to enter or operate a vehicle by 

means other than a key; preventing 

defeat or circumvention of the device by 

unauthorized persons; preventing 

operation of the vehicle by 

unauthorized entrants; and ensuring the 

reliability and durability of the device. 

The agency agrees that the device is 

substantially similar to devices in other 

vehicles lines for which the agency has 

already granted exemptions. In addition, 

the theft rate has reduced since the 

installation of this device on the line. 

For the foregoing reasons, the agency 

hereby grants in full MBUSA’s petition 

for exemption for the vehicle line from 

the parts-marking requirements of 49 

CFR Part 541. The agency notes that 49 

CFR Part 541, Appendix A–1, identifies 

those lines that are exempted from the 

Theft Prevention Standard for a given 

model year. 49 CFR 543.7(f) contains 

publication requirements incident to the 

disposition of all Part 543 petitions. 

Advanced listing, including the release 

of future product nameplates, the 

beginning model year for which the 

petition is granted and a general 

description of the antitheft device is 

necessary in order to notify law 

enforcement agencies of new vehicle 

lines exempted from the parts-marking 

requirements of the Theft Prevention 

Standard. 

If MBUSA decides not to use the 

exemption for this line, it must formally 

notify the agency, and, thereafter, the 

line must be fully marked as required by 

49 CFR 541.5 and 541.6 (marking of 

major component parts and replacement 

parts). 

NHTSA notes that if MBUSA wishes 

in the future to modify the device on 

which this exemption is based, the 

company may have to submit a petition 

to modify the exemption. Section 

543.7(d) states that a Part 543 exemption 

applies only to vehicles that belong to 

a line exempted under this part and 

equipped with the anti-theft device on 

which the line’s exemption is based. 

Further, § 543.9(c)(2) provides for the 

submission of petitions ‘‘to modify an 

exemption to permit the use of an 

antitheft device similar to but differing 

from the one specified in that 

exemption.’’

The agency wishes to minimize the 

administrative burden that 

§ t 543.9(c)(2) could place on exempted 

vehicle manufacturers and itself. The 

agency did not intend Part 543 to 

require the submission of a modification 

petition for every change to the 

components or design of an antitheft 

device. The significance of many such 

changes could be de minimis. Therefore, 

NHTSA suggests that if the 

manufacturer contemplates making any 

changes the effects of which might be 

characterized as de minimis, it should 

consult the agency before preparing and 

submitting a petition to modify. 

Authority: 49 U.S.C. 33106; delegation of 

authority at 49 CFR 1.50. 

Issued on: July 16, 2007. 

Stephen R. Kratzke, 

Associate Administrator for Rulemaking. 

[FR Doc. E7–14093 Filed 7–19–07; 8:45 am] 

BILLING CODE 4910–59–P 

DEPARTMENT OF TRANSPORTATION 

Pipeline and Hazardous Materials 

Safety Administration Office of 

Hazardous Materials Safety; Notice of 

Application for Special Permits 

AGENCY: Pipeline and Hazardous 

Materials Safety Administration 

(PHMSA), DOT. 

ACTION: List of Applications for Special 

Permits. 

SUMMARY: In accordance with the 

procedures governing the application 

for, and the processing of, special 

permits from the Department of 

Transportation’s Hazardous Material 

Regulations (49 CFR Part 107, Subpart 

B), notice is hereby given that the Office 

of Hazardous Materials Safety has 

received the application described 

herein. Each mode of transportation for 

which a particular special permit is 

requested is indicated by a number in 

the ‘‘Nature of Application’’ portion of 

the table below as follows: 1—Motor 

vehicle, 2—Rail freight, 3—Cargo vessel, 

4—Cargo aircraft only, 5—Passengercarrying aircraft. 

DATES: Comments must be received on 

or before August 20, 2007. 

Address Comments To: Record 

Center, Pipeline and Hazardous 

Materials Safety Administration, U.S. 

Department of Transportation, 

Washington, DC 20590. 

Comments should refer to the 

application number and be submitted in 

triplicate. If confirmation of receipt of 

comments is desired, include a selfaddressed stamped postcard showing 

the special permit number. 

FOR FURTHER INFORMATION CONTACT: 

Copies of the applications are available 

for inspection in the Records Center, 

Nassif Building, 400 7th Street, SW., 

Washington, DC or at http:// 

dms.dot.gov. 

This notice of receipt of applications 

for special permit is published in 

accordance with Part 107 of the Federal 

hazardous materials transportation law 

(49 U.S.C. 5117(b); 49 CFR 1.53(b)). 

Issued in Washington, DC, on July 11, 

2007. 

Delmer Billings, 

Director, Special Permits & Approvals 

Programs, Office of Hazardous Materials, 

Special Permits & Approvals. 

mstockstill on PROD1PC66 with NOTICES

39892 Federal Register / Vol. 72, No. 139 / Friday, July 20, 2007 / Notices 

NEW SPECIAL PERMITS

Application 

No. Docket No. Applicant Regulation(s) affected Nature of special permits thereof 

14527–N ...... ........................ FedEx Express, Memphis, 

TN.

49 CFR 175.33 ................. To authorize the air transportation of certain hazardous materials without identifying the packaging 

type on the Notification to Pilot in Command. 

(modes 4, 5) 

14528–N ...... ........................ Halpern Import Company, 

Inc., Atlanta, GA.

49 CFR 173.304; 173.306 

14532–N ...... ........................ Degussa Corporation, Parsippany, NJ.49 CFR 173.31(d)(1)(vi); 

172.302(c).

To authorize the transportation in commerce of certain Division 5.1 hazardous materials in tank cars 

that have not had their rupture disk removed for inspection. (mode 2) 

14534–N ...... ........................ American Airlines, Inc., 

Tulsa, OK.

49 CFR 73.302a(a)(2) ...... To authorize the transportation in commerce of DOT 

Specification 3HT cylinders beyond the 24 year 

service life provided they pass the applicable retest 

requirements every two years. (modes 1, 2, 3, 4, 

5) 

14535–N ...... ........................ Environmental Packaging 

Technologies, Houston, 

TX.

49 CFR 172.102(c) special 

provision IB2 and IB3.

To authorize the transportation in commerce of certain hazardous materials with a vapor pressure of 

150 kPa at 55 °C in intermediate bulk containers. 

(mode 1) 

14542–N ...... ........................ The University of Texas at 

Austin, Austin, TX.

49 CFR 173.420 ............... To authorize the one-way transportation in commerce 

of approximately 1 pound of natural uranium 

hexafluoride in a DOT Specification 4B240ET cylinder by motor vehicle. (mode 1) 

[FR Doc. 07–3542 Filed 7–19–07; 8:45 am] 

BILLING CODE 4909–60–M 

DEPARTMENT OF TRANSPORTATION 

Pipeline and Hazardous Materials 

Safety Administration 

Office of Hazardous Materials Safety; 

Notice of Delays in Processing of 

Special Permits Applications 

AGENCY: Pipeline and Hazardous 

Materials Safety Administration 

(PHMSA), DOT. 

ACTION: List of applications delayed 

more than 180 days. 

SUMMARY: In accordance with the 

requirements of 49 U.S.C. 5117(c), 

PHMSA is publishing the following list 

of special permit applications that have 

been in process for 180 days or more. 

The reason(s) for delay and the expected 

completion date for action on each 

application is provided in association 

with each identified application. 

FOR FURTHER INFORMATION CONTACT: 

Delmer F. Billings, Director, Office of 

Hazardous Materials Special Permits 

and Approvals, Pipeline and Hazardous 

Materials Safety Administration, U.S. 

Department of Transportation, East 

Building, PHH–30, 1200 New Jersey 

Avenue, Southeast, Washington, DC 

20590–0001, (202) 366–4535. 

Key to ‘‘Reason for Delay’’

1. Awaiting additional information 

from applicant. 

2. Extensive public comment under 

review. 

3. Application is technically complex 

and is of significant impact or 

precedent-setting and requires extensive 

analysis. 

4. Staff review delayed by other 

priority issues or volume of special 

permit applications. 

Meaning of Application Number 

Suffixes 

N—New application. 

M—Modification request. 

PM—Party to application with 

modification request. 

Issued in Washington, DC, on July 16, 

2007. 

Delmer F. Billings, 

Director, Office of Hazardous Materials, 

Special Permits and Approvals. 

MODIFICATION TO SPECIAL PERMITS

Application number Applicant Reason for 

delay 

Estimated 

date of 

completion 

10481–M ......................................................... M–1 Engineering Limited Bradfrod, West Yorkshire .......................... 4 09–30–2007 

114167–M ....................................................... Trinityrail Dallas, TX ........................................................................... 1,3,4 09–30–2007 

NEW SPECIAL PERMIT APPLICATIONS

Application number Applicant Reason for 

delay 

Estimated 

date of 

completion 

14385–N ......................................................... Kansas City Southern Railway Company Kansas City, MO .............. 4 09–30–2007 

14442–N ......................................................... Trinityrail Dallas, TX ........................................................................... 4 09–30–2007 

14468–N ......................................................... REC Advanced Silicon Materials LLC Butte, MT ............................... 4 09–30–2007 

14470–N ......................................................... Marsulex, Inc. Springfield, OR ........................................................... 4 08–31–2007 

14469–N ......................................................... Space Systems/Loral Palo Alto, CA ................................................... 4 07–31–2007 

mstockstill on PROD1PC66 with NOTICES