9996 Federal Register / Vol. 72, No. 43 / Tuesday, March 6, 2007 / Notices 

for every driver employed or used by 

them; and (c) motor carriers to include 

a Skill Performance Evaluation (SPE) 

certificate issued to a driver with a limb 

disability; and (4) Information collected 

from carriers, drivers and interested 

parties used in Agency determinations 

for granting exemptions from the vision 

and diabetes requirements in the 

Federal Motor Carrier Safety 

Regulations (FMCSRs). The Agency 

published a Federal Register notice 

allowing for a 60-day comment period 

on the ICR in October 2006 (71 FR 

61822, Oct. 19, 2006). The Agency did 

not receive any comments in response 

to this notice. 

DATES: Please send your comments by 

April 5, 2007. OMB must receive your 

comments by this date in order to act 

quickly on the ICR. 

ADDRESSES: You may submit comments 

to the Office of Information and 

Regulatory Affairs, Office of 

Management and Budget, 725 

Seventeenth Street, NW., Washington, 

DC 20503, Attention: DOT/FMCSA Desk 

Officer. 

FOR FURTHER INFORMATION CONTACT: Dr. 

Mary D. Gunnels, Chief, Physical 

Qualifications Division, (202) 366–4001, 

maggi.gunnels@dot.gov, FMCSA, 

Department of Transportation, 400 

Seventh Street, SW., Washington, DC 

20590–0001. Office hours are from 8 

a.m. to 5 p.m., ET, Monday through 

Friday, except Federal holidays. 

SUPPLEMENTARY INFORMATION: 

Title: Medical Qualification 

Requirements. 

OMB Control Number: 2126–0006. 

Type of Request: Revision of a 

currently-approved information 

collection. 

Respondents: Medical Examiners, 

Medical Specialists, Physicians, 

Licensed Doctors of Medicine, Doctors 

of Osteopathy, Physician Assistants, 

Advanced Practice Nurses, Doctors of 

Chiropractic, motor carriers, and CMV 

drivers. 

Estimated Number of Respondents: 

7,000,000. 

Estimated Time per Response: The 

following records are included in the IC 

pertaining to the Medical Qualifications 

Requirements: (1) The Medical 

Examination Form and Certificate—

Twenty minutes for a medical examiner 

to complete, document, and file the 

medical examination report; One 

minute for the medical examiner to 

complete the medical examiner’s 

certificate and furnish one copy to the 

person who was examined and one copy 

to the motor carrier who employs him 

or her; One minute for carriers to file the 

medical examiner’s certificate in the DQ 

file; (2) Data Resolving Medical 

Conflicts—One hour for the Safety 

Director of a motor carrier company to 

prepare paperwork for each case and an 

additional 8 hours to attend any 

hearings for resolution of medical 

conflict; (3) The SPE Certificate—Fifteen 

minutes for a driver to complete an 

application for an initial SPE certificate; 

Two minutes to complete an application 

for a renewal of a SPE certificate; One 

minute for carriers to copy and file the 

SPE certificate application in the DQ 

file; (4) Vision Exemptions—Sixty 

minutes for a driver to complete an 

application for a vision exemption with 

required supporting documents from 

carriers and interested parties; (5) 

Diabetes Exemptions—Sixty minutes for 

a driver to complete a diabetes 

exemption with required 

documentation; and (6) The Doctor’s 

Certificate for Motor Carriers of Migrant 

Workers—One minute for a doctor of 

medicine or osteopathy to complete a 

doctor’s certificate for drivers of motor 

carriers of migrant workers; and for 

carriers to place the certificate in the DQ 

file for every driver employed or used 

by them. 

Expiration Date: March 31, 2007. 

Frequency of Response: Biennially, 

and on occasion, more frequently for 

drivers who are not eligible to receive a 

2-year certificate. There are 7,000,000 

drivers subject to the FMCSA medical 

standards. A medical certificate usually 

is valid for 2 years after the date of 

examination. However, drivers with 

certain medical conditions must be 

certified more frequently than every two 

years, so halving the number of drivers 

underestimates the total number of 

certifications that are conducted 

annually. In addition, some employers 

require newly hired drivers to obtain a 

new medical certification even if the 

driver’s current certificate is still valid. 

As a result of these exceptions to the 

biennial medical certification schedule, 

the Agency estimates that the actual 

number of medical certifications 

conducted annually is 20 percent 

greater than would be the case if all 

drivers were examined biennially. 

Biennial examinations would result in 

approximately 3,500,000 medical 

examinations per year, but the Agency 

estimates that approximately 4,200,000 

examinations are conducted annually. 

Estimated Total Annual Burden: 

1,541,534 hours [1,540,000 hours for 

medical examination form and 

certificate (4,200,000 certificates × 22 

minutes/60 minutes per hour + 11 hours 

for resolution of medical conflicts (3 

cases × 1 hour each to prepare, plus 8 

hours for one hearing) + 192 hours for 

SPE certificates (2,100 certificates × 1 

minute/60 minutes for motor carriers + 

1,700 renewals × 2 minutes/60 minutes 

+ 400 new × 15 minutes/60 minutes) + 

727 hours for vision exemptions (1572 

total applicants × .27 or 27 % + 268 new 

vision exemptions + 35 hours for motor 

carriers motor carriers to retain a copy 

in the driver’s DQ file) + 600 hours for 

diabetes exemptions (600 applications × 

1 hour) + 3.5 rounded to 4 hours for 

doctors certificate for drivers of migrant 

workers (100 certificates × 2 minutes/60 

minutes) = 1,541,534 hours]. 

Background 

Title 49 U.S.C. 31136 requires the 

Secretary of Transportation (Secretary) 

to prescribe regulations to ensure that 

the physical qualifications of 

commercial motor vehicle (CMV) 

operators are adequate to enable them to 

operate CMVs safely. In addition, 49 

U.S.C. 31502 authorizes the Secretary to 

prescribe requirements for qualifications 

of employees of a motor carrier when 

needed to promote safety of operation. 

Information about an individual’s 

physical condition must be collected in 

order for the FMCSA, States and motor 

carriers to verify that the individual 

meets the physical qualification 

standards for CMV drivers set forth in 

49 CFR 391.41; and for the FMCSA to 

determine whether the individual is 

physically able to operate a CMV safely. 

This information collection is 

comprised of the components listed in 

the summary above. 

Public Comments Invited: You are 

asked to comment on any aspect of this 

information collection, including: (1) 

Whether the proposed collection is 

necessary for the FMCSA’s performance; 

(2) the accuracy of the estimated 

burden; (3) ways for the FMCSA to 

enhance the quality, usefulness, and 

clarity of the collected information; and 

(4) ways that the burden could be 

minimized without reducing the quality 

of the collected information. 

Issued on: February 26, 2007. 

Rose A. McMurray, 

Assistant Administrator, Chief Safety Officer. 

[FR Doc. E7–3803 Filed 3–5–07; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

[Docket No. FMCSA–2006–25004] 

Identification of Vehicles: Oregon 

Department of Transportation Tax 

Credentials Petition for Determination 

AGENCY: Federal Motor Carrier Safety 

Administration (FMCSA), DOT. 


cprice-sewell on PROD1PC67 with NOTICES
Federal Register / Vol. 72, No. 43 / Tuesday, March 6, 2007 / Notices 9997 

ACTION: Notice; Denial of petition for 

determination. 

SUMMARY: FMCSA denies a petition 

from the Oregon Department of 

Transportation (ODOT) for a 

determination that the State may 

continue to require interstate motor 

carriers to display weight-mile tax 

credentials (WMTCs) in commercial 

motor vehicles (CMVs) in Oregon. The 

Safe, Accountable, Flexible, Efficient 

Transportation Equity Act: A Legacy for 

Users (SAFETEA–LU) prohibits States 

from requiring motor carriers to display 

in, or on, CMVs any form of 

identification other than forms required 

by the Secretary of Transportation. 

However, SAFETEA–LU also provides 

that a State may continue to require 

display of credentials that the Secretary 

determines are appropriate. ODOT 

requested that FMCSA determine that 

its WMTCs are appropriate under 

SAFETEA–LU. FMCSA denies ODOT’s 

request because it could find no 

evidence to support a determination 

that the display of the WMTCs is 

appropriate. Therefore, the State of 

Oregon may no longer require interstate 

motor carriers to display WMTCs. 

DATES: This decision is effective March 

6, 2007. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Thomas Yager, Chief, Driver and Carrier 

Operations Division, Office of Bus and 

Truck Standards and Operations, MC–

PSD, Federal Motor Carrier Safety 

Administration, 400 Seventh Street, 

SW., Washington, DC 20590–0001. 

Telephone: 202–366–4009. E-mail: 

MCPSD@dot.gov. 

SUPPLEMENTARY INFORMATION: 

Background 

Section 4306 of SAFETEA–LU 

prohibits States from requiring motor 

carriers to display in or on commercial 

motor vehicles any form of 

identification other than forms required 

by the Secretary of Transportation [49 

U.S.C. 14506(a)]. However, § 14506(b)(3) 

provides, in part, that ‘‘a State may 

continue to require display of 

credentials that are required * * * 

under a State law regarding motor 

vehicle license plates or other displays 

that the Secretary determines are 

appropriate.’’

ODOT requested that FMCSA 

determine that the State’s WMTCs are 

appropriate in the context of 49 U.S.C. 

14506(a). Oregon has been requiring 

motor carriers to obtain weight-mile tax 

credentials since 1947. 

Oregon Revised Statutes (ORS) 

825.454 authorizes ODOT to require the 

use of identification devices, such as 

cab cards, stamps or carrier 

identification numbers, to identify, and 

be carried in or placed upon, each motor 

vehicle authorized to be operated in 

Oregon. ODOT may require annual 

application for identification devices 

and it may charge a fee not to exceed $8 

for each device issued on an annual 

basis. ORS 825.450 requires ODOT to 

issue a permanent credential and ORS 

825.470 authorizes issuance of 

temporary credentials. Until 2001, 

ODOT required out-of-state carriers to 

display a special Oregon license plate 

on each truck registered to operate in 

the State. State legislation passed in 

2001 eliminated the need for out-of-state 

based vehicles to display the Oregon 

license plate and substituted the simpler 

requirement to carry a permanent or 

temporary paper credential. 

ODOT states the current WMTCs 

identify a motor carrier’s Oregon 

account, facilitate reporting and 

payment of the tax, and assist in 

tracking vehicle-miles traveled over 

Oregon highways. ODOT also believes 

truck drivers want to have the credential 

at hand when fueling in Oregon, 

because fuel providers use it to verify 

that a vehicle is exempt from Oregon 

fuel tax. ODOT advises that 

approximately 15,000 out-of-state based 

carriers operate 283,000 trucks that 

carry a permanent Oregon tax 

credential. It also advises that 

approximately 10,000 trucks with a 10- 

day temporary credential operate within 

the State at any given time. A copy of 

ODOT’s petition for determination is 

available for review in the docket for 

this notice. 

Public Comments 

On June 13, 2006, FMCSA published 

a notice in the Federal Register 

requesting public comment on the 

ODOT request to be allowed to continue 

requiring motor carriers to display 

weight-mile tax credentials. 

[‘‘Identification of Vehicles: Oregon 

Department of Transportation Tax 

Credentials; Petition for Determination;’’

Docket No. FMCSA–2006–25004, June 

13, 2006, 71 FR 34188]. In formulating 

its position, FMCSA considered all of 

the comments received in response to 

the Agency’s Federal Register notice. 

Eleven comments were submitted to 

the docket. The comments were almost 

evenly divided between supporters and 

opponents of Oregon’s request for 

exception. Six commenters supported 

ODOT’s request; this includes a 

comment filed by ODOT. Five 

commenters opposed the request and 

urged FMCSA to deny it. 

The commenters’ discussions, both 

for and against granting the exemption 

request, centered on the following 

issues: 

• Intended versus unintended 

consequences of denying ODOT’s 

request; 

• Denying ODOT’s request could 

result in complications for motor 

carriers; 

• Denying ODOT’s request could 

result in complications for Oregon; 

• Benefits associated with the weightmile tax credential; 

• Ease of obtaining the credential; 

and 

• Consideration of grandfather 

privileges. 

Intended Versus Unintended 

Consequences of Denying ODOT’s 

Request 

The ODOT suggests, in its July 6, 

2006, filing to the docket, that Congress 

may have unintentionally included 

Oregon’s weight-tax credential when 

enacting the provisions of 49 U.S.C. 

14506. However, ODOT admits there is 

no specific discussion of its weight-tax 

credential in the Congressional record. 

ODOT suggests that the only evidence of 

legislative intent may be found in a 

March 8, 2006, bipartisan letter, filed in 

the docket on June 13, 2006, from 

Oregon’s Congressional delegation to 

the Secretary of Transportation 

expressing concern about the 

preemption and support for the State’s 

request. ODOT goes on to suggest that 

its weight-tax credentialing program 

may have been confused with the 

International Fuel Tax Agreement and 

International Registration Plan. This 

argument is supported by the Oregon 

Concrete & Aggregate Producers 

Association, Inc., the American 

Automobile Association (AAA) of 

Oregon/Idaho, and AAA of Washington, 

DC. 

The Owner-Operator Independent 

Drivers Association, Inc. (OOIDA) states 

that ODOT provides no compelling 

information in its argument which 

would suggest Congressional intent. The 

OOIDA suggests that ODOT’s weightmile tax credential is precisely the type 

of document Congress had in mind 

when it was considering section 4306. 

The OOIDA states, ‘‘There is nothing in 

SAFETEA–LU that singles out Oregon 

for either attention or a special 

exemption.’’

In comments to the docket, the 

American Trucking Associations cite 

legislation that it suggests shows 

Congress’s intent to lessen the 

paperwork requirements on interstate 

motor carriers by individual States. 

FMCSA Response: No information 

was presented to support ODOT’s 

assertion that Congress 


cprice-sewell on PROD1PC67 with NOTICES
9998 Federal Register / Vol. 72, No. 43 / Tuesday, March 6, 2007 / Notices 

1 ‘‘Non-match rate’’ refers to the matching of 

driver-vehicle inspections conducted by State 

officials with the appropriate motor carrier record 

in the FMCSA Motor Carrier Management 

Information System. A valid ‘‘match’’ enables use 

of the State data in determining safety status of an 

interstate motor carrier. 

‘‘unintentionally’’ included Oregon’s 

weight-tax credential when it adopted 

the provisions of 49 U.S.C. 14506(b). To 

the contrary, ODOT’s weight-mile tax 

credential is likely the type of paper 

credential intended to be prohibited. 

Absent clear evidence of Congressional 

intent, the Agency must follow the plain 

language of the statute. 

Denying ODOT’s Request Could Result 

in Complications for Motor Carriers 

The ODOT suggests in its comments 

that many interstate motor carriers use 

the credential to obtain the benefit of 

not having to pay a fuel-tax when 

purchasing diesel fuel in the State. The 

ODOT suggests that not having the 

credential to present to suppliers at the 

time of purchase will result in an 

unnecessary administrative burden 

when reclaiming the fuel tax. Other 

commenters did not address this issue. 

The OOIDA states in its comments 

that over the past two decades, Congress 

and the Department of Transportation 

have simplified multiple-licensing, 

registration, and reporting requirements 

that States imposed on interstate 

commerce. Also, OOIDA states that it 

and other industry associations have 

concluded that there is no net benefit to 

requiring display of the ODOT weightmile tax credential. 

The United Parcel Service (UPS) 

states that Federal and State regulatory 

agencies, in conjunction with the motor 

carrier industry, have worked to reduce 

vehicle paperwork requirements to only 

those which are truly safety-related 

(hazardous materials, emergency, 

vehicle inspection, etc.). Furthermore, 

UPS argues that Oregon already verifies 

electronically the compliance of motor 

carriers with its financial responsibility 

requirements and is well positioned to 

expand that system to weight-distance 

tax compliance. 

The Oregon Concrete & Aggregate 

Producers Association, Inc. advises that 

it and its members do not find that 

being required to maintain the weightmile tax credential is burdensome. The 

AAA organizations also suggest the 

weight-mile tax credential requirement 

is not burdensome, primarily because of 

the ease of obtaining the credential 

electronically. 

FMCSA Response: No motor carriers 

commented directly upon ODOT’s claim 

that display of the weight-mile tax 

credential has benefits for carriers, such 

as providing them documentation for 

fuel-tax relief. FMCSA recognizes that 

the elimination of paperwork is a goal 

included in most Federal programs, and 

believes that such paper-based 

credentials should be authorized only 

when absolutely necessary. 

Denying ODOT’s Request Could Result 

in Complications for Oregon 

The ODOT states that if not granted 

the exception, enforcing the weight-mile 

tax will be more challenging and 

opportunities for tax evasion will 

increase. It suggests that evasion by 

motor carriers in purchasing the weightmile tax credential will result in a loss 

of funding for the State. 

Opponents of the exception all 

suggest that ODOT can develop 

technological means that would allow 

for immediate verification by 

enforcement officials as to whether or 

not a motor carrier has complied with 

Oregon’s weight-mile tax laws. 

FMCSA Response: ODOT 

acknowledged that by accessing State 

data systems, police officers may be able 

to verify payment of the weight-mile tax 

without having the paper credential on 

the vehicle. The fact that enforcement 

could be ‘‘more challenging’’ does not 

outweigh the burden that the additional 

paperwork places on carriers engaged in 

interstate commerce. 

Benefits Associated With the WeightMile Tax Credential 

The ODOT and all of the commenters 

that support the weight-mile tax 

credential suggest that one of its benefits 

is to ensure that motor carriers meet 

their cost responsibility for road use in 

Oregon. 

The ODOT also contends that the 

weight-mile tax credential has a safetyrelated benefit, resulting in Oregon’s 

Motor Carrier Management Information 

System non-match rate 1 being one of 

the lowest in the country. 

The OOIDA and UPS both contend 

that ODOT could and should rely solely 

on the U.S. DOT number, as required by 

49 CFR 390.21, to accurately identify 

motor carriers operating in its State, and 

that the weight-mile tax credential does 

not significantly add any value to this 

process. The OOIDA argues that Oregon 

wants to maintain the ‘‘easy revenue’’

derived from fining drivers who 

misplace the paper credentials. 

FMCSA Response: The value of the 

Oregon weight-mile tax credential as an 

enforcement tool was previously 

addressed. Although the existence of a 

weight-mile tax credential on the 

vehicle might assist an officer in 

determining the correct identification of 

the motor carrier, there are many other 

factors having a greater value, such as 

vehicle markings, shipping documents, 

and lease agreements. Considering the 

use of owner-operators and leased 

vehicles, the weight-mile tax credential 

would not necessarily be a 

determinative factor in identifying the 

responsible motor carrier. 

Ease of Obtaining the Credential 

The ODOT and the commenters who 

support the weight-mile tax credential 

advise that it can be obtained 

electronically without elaborate 

administrative processes. However, 

ODOT states that only those motor 

carriers registered to use its Trucking 

Online Internet-based service can obtain 

the weight-mile tax credential online. 

No commenter that opposes the 

credential contradicted the assertion of 

the ease of electronic filing. Several, 

however, including OOIDA, ATA, and 

UPS, contend that the overall process of 

applying for and obtaining the paper 

credential is an administrative burden 

and serves no purpose other than to 

generate revenue for the State. Each 

contends that motor carriers that fail to 

produce the weight-mile tax credential 

at time of inspection are issued citations 

even though the carrier may be 

registered with the State. 

FMCSA Response: Although it may be 

relatively easy for a motor carrier to 

obtain the Oregon weight-mile tax 

credentials, ensuring that the paper 

documents are distributed to and 

carried on each vehicle, and that the 

driver has ready access to the document, 

could add considerably to the 

paperwork burden of the carrier and 

driver, especially if similar documents 

were to be required by other States. 

Consideration of Grandfather Privileges 

ODOT contends that it should be 

granted grandfather privileges for 

requiring the weight-mile tax credential 

because it has been requiring the road 

user taxes since 1947. However, it offers 

no evidence that Congress intended to 

grant such privileges regarding section 

4306, as pointed out by OOIDA in its 

comments. 

FMCSA Response: Section 4306 does 

not provide any authority for, or 

indication of Congressional intent 

supporting, the grandfathering of 

existing credentials that would 

otherwise be prohibited. 

FMCSA Decision 

The FMCSA has decided to deny 

ODOT’s request that the Agency 

determine that the State’s WMTCs are 

appropriate in the context of 49 U.S.C. 

14506(a). The Agency considered all 

comments submitted to the docket, 

including the ODOT’s assertion that 


cprice-sewell on PROD1PC67 with NOTICES
Federal Register / Vol. 72, No. 43 / Tuesday, March 6, 2007 / Notices 9999 

1The Motor Carrier Safety Improvement Act of 

1999 [Public Law 106–159, 113 Stat. 1748 

(December 9, 1999)] established the FMCSA in the 

Department of Transportation. On January 4, 2000, 

the Office of the Secretary published a final rule 

delegating to the FMCSA Administrator the motor 

carrier safety functions required by MCSIA, which 

included certain motor carrier safety functions 

previously delegated to the FHWA (65 FR 200). 

preemption of the WMTCs is an 

‘‘unintended consequence’’ of Section 

4306. The Agency found no evidence to 

support that position. In fact, one could 

just as easily conclude that the WMTCs 

are exactly the type of display Section 

4306 was enacted to prohibit. 

Furthermore, there is no indication in 

the legislative history of SAFETEA–LU 

that Congress intended to ‘‘grandfather’’

existing display requirements, other 

than those specifically listed in 49 

U.S.C. 14506(b). In consideration of the 

above, the State of Oregon may no 

longer require interstate motor carriers 

to display weight-mile tax credentials 

on CMVs. 

Issued on: February 26, 2007. 

John H. Hill, 

Administrator. 

[FR Doc. E7–3806 Filed 3–5–07; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

[Docket No. FMCSA–2005–21323] 

Withdrawal of Regulatory Guidance 

Concerning the Use of Surge Brakes 

on Commercial Motor Vehicles 

AGENCY: Federal Motor Carrier Safety 

Administration (FMCSA), DOT. 

ACTION: Notice; withdrawal of regulatory 

guidance. 

SUMMARY: FMCSA withdraws all prior 

regulatory guidance, previously in the 

Federal Register, as well as memoranda 

and letters issued by the Agency, 

indicating that surge brakes do not meet 

certain provisions of the Federal Motor 

Carrier Safety Regulations (FMCSRs). 

Elsewhere in today’s issue of the 

Federal Register, FMCSA amends the 

FMCSRs to allow the use of automatic 

hydraulic inertia brake systems (surge 

brakes) on trailers when the ratios of 

gross vehicle weight ratings for the 

towing-vehicle and trailer are within 

certain limits. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Luke Loy, Federal Motor Carrier Safety 

Administration, Office of Policy and 

Program Development, Vehicle and 

Roadside Operations Division, 

Washington, DC 20590, phone (202) 

366–0676, fax (202) 366–8842, e-mail 

luke.loy@dot.gov. 

SUPPLEMENTARY INFORMATION: On 

November 17, 1993, the Federal 

Highway Administration (FHWA) 1

published ‘‘Regulatory Guidance for the 

Federal Motor Carrier Safety 

Regulations,’’ at 58 FR 60734. The 

publication included interpretations of 

49 CFR 393.48, a rule that requires 

brakes to be operable at all times, and 

49 CFR 393.49, the requirement that the 

braking system on CMVs be designed 

such that one brake application valve 

controls all the brakes on the vehicle. 

The Agency interpreted the regulations 

to prohibit the use of surge brakes on 

Commercial Motor Vehicles (CMVs) 

operated in interstate commerce. The 

regulatory guidance was republished on 

April 4, 1997, at 62 FR 16370. 

The FMCSA subsequently issued an 

Enforcement Policy memorandum on 

September 14, 2004, directing Federal 

enforcement staff, and requesting State 

and local enforcement officials, 

temporarily to allow surge brakes on 

CMVs operated in interstate commerce, 

under certain conditions, pending 

completion of a notice-and-comment 

rulemaking proceeding through which a 

determination would be made whether 

surge brakes should be allowed on a 

permanent basis. A copy of that 

Enforcement Policy memorandum is in 

the docket cited at the beginning of this 

notice. 

A final rule issued by FMCSA, 

published elsewhere in today’s issue of 

the Federal Register, amends the 

FMCSRs to allow the use of surge 

brakes. The final rule defines the term 

‘‘surge brake’’, identifies the 

requirements for a surge brake system, 

and allows the use of automatic 

hydraulic inertia brake systems (surge 

brakes) on trailers when the ratios of 

gross vehicle weight ratings for the 

towing-vehicle and trailer are within 

certain limits. Therefore, in 

consideration of the final rule on surge 

brakes, the Agency withdraws all prior 

interpretations and regulatory guidance, 

issued previously in the Federal 

Register, as well as FMCSA memoranda 

and letters, stating that surge brakes do 

not meet the requirements of 49 CFR 

393.48 and 393.49. 

Issued on: February 26, 2007. 

John H. Hill, 

Administrator. 

[FR Doc. E7–3813 Filed 3–5–07; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF TRANSPORTATION 

National Highway Traffic Safety 

Administration 

[Docket No. NHTSA–2006–26555] 

The New Car Assessment Program; 

Suggested Approaches for 

Enhancements 

AGENCY: National Highway Traffic 

Safety Administration (NHTSA), 

Department of Transportation (DOT). 

ACTION: Correction of Public Hearing 

Time. 

Correction 

In notice document Volume 72 

Number 16 beginning on page 3473 on 

the issue date of January 25, 2007, make 

the following correction to the meeting 

time posted: 

1. On page 3473, under Public 

Hearing, the beginning time is corrected 

to read as 8:30 a.m. 

Authority: 49 U.S.C. 30111, 30168; 

delegation of authority at 49 CFR 1.50 and 

501.8. 

Issued on: February 27, 2007. 

Stephen R. Kratzke, 

Associate Administrator for Rulemaking. 

[FR Doc. E7–3814 Filed 3–5–07; 8:45 am] 

BILLING CODE 4910–59–P 

DEPARTMENT OF TRANSPORTATION 

National Highway Traffic Safety 

Administration 

[Docket No. NHTSA–2007–27376] 

Notice of Receipt of Petition for 

Decision That Nonconforming 2004 

Volkswagen Passat Sedan and Wagon 

Model Passenger Cars Are Eligible for 

Importation 

AGENCY: National Highway Traffic 

Safety Administration, DOT. 

ACTION: Notice of receipt of petition for 

decision that nonconforming 2004 

Volkswagen Passat sedan and wagon 

model passenger cars are eligible for 

importation. 

SUMMARY: This document announces 

receipt by the National Highway Traffic 

Safety Administration (NHTSA) of a 

petition for a decision that 2004 

Volkswagen Passat sedan and wagon 

model passenger cars that were not 

originally manufactured to comply with 

all applicable Federal motor vehicle 

safety standards (FMVSS) are eligible 

for importation into the United States 

because (1) they are substantially 

similar to vehicles that were originally 

manufactured for importation into and 


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