Federal Register / Vol. 62, No. 148 / Friday, August 1, 1997 / Notices 41481

air bag-related fatality rates for the

subject vehicles compared with various

other vehicles is discussed below.

Adjusting for exposure, the subject

vehicles do not have the highest driver

air bag-related fatality rates, even

though they have more individual

fatalities than other vehicles. For

example, the MY 1990–93 Taurus shows

a lower driver air bag fatality rate per

million registered vehicle years (0.80)

than the MY 1990–91 Cadillac El

Dorado (4.57), MY 1990–92 Pontiac

Firebird (2.20), MY 1993–94 Toyota

Tercel (1.82), MY 1989–93 Dodge

Daytona (1.16), MY 1994 Ford F150

(0.95) and the MY 1990–96 Mazda Miata

(1.28). Similarly, the rate of the MY

1991–93 Corsica (2.18), while higher

than that of the Taurus, is lower than

that of the El Dorado and Firebird. Thus,

the data indicate that the rates for many

vehicles, while subject to the

uncertainties due to the extremely

limited amount of data, are as high or

higher than those of the subject

vehicles. Furthermore, adding corporate

siblings to the rate calculation for each

of the above subject vehicles brings

down the rate for each of them, since

there have been no air bag-related

fatalities in either of those siblings.

The IIHS analysis of child passenger

deaths (excluding rear-facing infant

seats because the injury mechanism is

different) reveals that models other than

the Chrysler minivans present the

highest air bag-related fatality rates per

million registered vehicle years. The

highest is the MY 1995–96 Hyundai

Sonata (29.01) followed by the MY

1995–96 Isuzu Trooper (22.94), the MY

1995–96 Hyundai Accent (13.32), the

MY 1995–96 Toyota Avalon (8.86), the

MY 1993–94 Lexus LS400 (7.41), the

MY 1995 Geo Metro (6.90), and the MY

1995–96 Mazda Protege (6.76). The

highest rate for one of the subject

Chrysler minivans is 6.67 deaths per

million registered vehicle years for the

MY 1996 Dodge Caravan and the rate is

3.48 for the MY 1996 subject minivans

as a whole. The rate for the MY 1994–

95 Dodge Caravan is 3.88 and for the

MY 1994–95 Plymouth Voyager is 2.52,

while the overall rate for the MY 1994–

95 Chrysler minivans is 3.06. Again, as

with the driver air bag-related fatalities,

the data indicate that the rates for many

vehicles, while subject to the

uncertainties due to the extremely

limited amount of data, are as high or

higher than those of the subject

vehicles.

Using the known deaths and the

registered vehicle years for each model,

and the grouping of models, model

years and siblings as listed in the IIHS

letter, NHTSA applied a statistical test

to ascertain whether any of the subject

vehicles is over-represented compared

with all other vehicles (compared as a

single group) having at least one air bagrelated fatality. The data do not

demonstrate that any subject vehicle is

over-represented.

IIHS also provided crash data

concerning the likelihood of the air bags

in the subject vehicle deploying in

crashes, compared with the air bags in

other vehicles. Based on insurance crash

data, the rates of air bag deployments

per 100 collision claims in frontal

crashes are essentially the same for the

subject vehicles as for several other

identified models. In its December 20,

1996 letter, the IIHS reports, ‘‘The

deployment rates per 100 collision

claims for 1990–93 Ford Taurus/

Mercury Sable models are no different

from those for the 1992–96 Toyota

Camrys or 1994–96 Honda Accords.’’

The rate per 100 collision claims for the

MY 1990–93 Taurus/Sable is 12, for the

MY 1991–93 Corsica /Beretta is 10, for

the MY 1992–96 Camry is 12, and for

the MY 1994–96 Accord is 12. The same

holds true for the Chrysler minivans.

The rate per 100 collision claims for the

individual models of the MY 1994–95

Chrysler minivans ranges from 6 to 9

and for MY 1996 Chrysler minivans

ranges from 8 to 11. By comparison the

rate for the MY 1995–96 Ford Windstar

is 22 (The IIHS did not provide data for

any other non-Chrysler minivan).

Findings

1. When adjusted for exposure, the air

bag-related fatality rates for the subject

vehicles are not statistically different

from the air bag-related fatality rates for

non-subject vehicles.

2. NHTSA’s SCI reports indicate that

the average change in velocity for the

crashes leading to air bag-related

fatalities in the subject vehicles is not

significantly different from the change

in velocity in crashes in which there

were air bag-related fatalities in nonsubject vehicles.

3. NHTSA’s SCI reports indicate that

in the air bag-related fatal crashes

involving the subject vehicles, the

average change in velocity is within the

design range specified by each

manufacturer.

4. The NASS data indicates that the

air bags in many non-subject vehicles

have deployed in crashes having a 7

mph or less change in velocity. Those

crashes involved over 70 non-subject

model vehicles.

5. IIHS data show that the subject

vehicles have rates of air bag

deployments per 100 collision claims

that are similar to that of many other

vehicles.

Based on the information available at

the present time, there is no reasonable

possibility that an order concerning the

notification and remedy of a safetyrelated defect in the 1990 through 1992

Ford Taurus, the 1991 and 1992

Chevrolet Corsica, or the 1994 through

1996 Chrysler minivan vehicles would

be issued at the conclusion of an

investigation. Therefore, in view of the

need to allocate and prioritize NHTSA’s

limited resources to best accomplish the

agency’s safety mission, the petition is

denied.

Authority: 49 U.S.C. 30162 (d); delegations

of authority at CFR 1.50 and 501.8.

Issued on: July 28, 1997.

Kenneth N. Weinstein,

Associate Administrator for Safety

Assurance.

[FR Doc. 97–20295 Filed 7–31–97; 8:45 am]

BILLING CODE 4910–59–P

DEPARTMENT OF TRANSPORTATION

Research and Special Programs

Administration

[Notice 97–6]

Safety Advisory: Certified IM 101 and

IM 102 Steel Portable Tanks With

Bottom Outlets Without Internal

Discharge Valves or Shear Sections

AGENCY: Research and Special Programs

Administration (RSPA), DOT.

ACTION: Safety advisory notice;

correction.

SUMMARY: RSPA published a safety

advisory notice in the Federal Register

(62 FR 37638) under notice 97–6 on July

14, 1997. The words ‘‘capable of being

closed from a location’’ were

inadvertently omitted in the advisory

notice for material quoted from 49 CFR

173.32c(g)(2). This document corrects

this error and, for the convenience of

readers, reprints the text of the July 14,

1997 notice in its entirety, as follows:

This is to notify owners and users of

DOT specification IM 101 and IM 102

portable tanks with filling or discharge

connections below the normal liquid

level that these tanks may be used for

shipping hazardous materials only if

they have internal discharge valves and

shear sections. Internal discharge valves

and shear sections are safety devices

required on the bottom-outlets of IM

portable tanks in hazardous material

service to prevent significant release of

lading when damage is sustained at the

filling/discharge connection. Without

those safety features, damage to a

bottom outlet is far more likely to result

in loss of a tank’s entire lading.
41482 Federal Register / Vol. 62, No. 148 / Friday, August 1, 1997 / Notices

FOR FURTHER INFORMATION CONTACT:

Douglas S. Smith, telephone, (202) 366–

4700, Office of Hazardous Materials

Enforcement, or Charles Hochman,

telephone (202) 366–4545, Office of

Hazardous Materials Technology,

Research and Special Programs

Administration, U.S. Department of

Transportation, 400 Seventh Street,

SW., Washington, DC 20590–0001.

SUPPLEMENTARY INFORMATION: During

compliance inspections in Southern

Louisiana, inspectors from the RSPA’s

Office of Hazardous Materials

Enforcement have observed portable

tanks marked and certified as meeting

DOT specifications IM 101 and IM 102

that had bottom outlets, but no internal

discharge valves or shear sections. Until

January 1, 1997, the Hazardous

Materials Regulations (HMR, 49 CFR

Parts 171–180) did not specifically

require internal discharge valves or

shear sections for IM 101 or IM 102

portable tanks with bottom outlets. See

RSPA’s final rule under Docket No.

HM–181H, 61 FR 50628 (September 26,

1996), amending 49 CFR 178.270–12(a)

effective January 1, 1997, and the

discussion in the preamble to the final

rule, 61 FR 50621, and the notice of

proposed rulemaking, 61 FR 33223

(June 26, 1996).

The HMR provide that a hazardous

material may not be loaded in an IM

portable tank with filling or discharge

connections located below the normal

liquid level of the tank unless:

(1) Each filling or discharge connection

located below the normal liquid level of the

tank has at least two serially-mounted

closures consisting of an internal discharge

valve and a bolted blank flange or other

suitable, liquid-tight closure on each filling

or discharge connection; or

(2) When this paragraph [173.32c(g)(2)] is

specified for a hazardous material through [a

special provision in] § 171.102(c)(7) of [the

HMR], each filling or discharge connection

located below the normal liquid level of the

tank, or compartment thereof, has three

serially-mounted closures consisting of an

internal discharge valve capable of being

closed from a location remote from the valve

itself, an external valve, and a bolted blank

flange or other suitable liquid-tight closure

on the outlet side of the external valve.

49 CFR 173.32c(g).

Accordingly, an IM 101 or IM 102

portable tank with a bottom outlet may

not be filled with any hazardous

material if it does not have an internal

discharge valve and shear section.

Because the primary purpose of

certifying any packaging to a DOT

specification or performance standard is

to authorize that packaging to be used

for transporting a hazardous material,

RSPA believes it is appropriate to fully

inform all owners and users of IM

portable tanks that certain of these tanks

exist that may not be filled with

hazardous materials.

Alan I. Roberts,

Associate Administrator for Hazardous

Materials Safety.

[FR Doc. 97–20223 Filed 7–31–97; 8:45 am]

BILLING CODE 4910–60–P

DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[Finance Docket No. 32759]

Genesee & Wyoming, Inc.—

Continuance in Control Exemption—

Portland & Western Railroad, Inc.

AGENCY: Surface Transportation Board,

DOT.

ACTION: Notice of exemption.

SUMMARY: Genesee & Wyoming, Inc.,

formerly Genesee & Wyoming

Industries, Inc., is exempted, under 49

U.S.C. 10505 (now 49 U.S.C. 10502),

from the prior approval requirements of

49 U.S.C. 11343–45 (now 49 U.S.C.

11323–25) to control Portland &

Western Railroad, Inc., a Class III rail

carrier.

DATES: This exemption will be effective

on August 31, 1997. Petitions to stay

must be filed by August 11, 1997.

Petitions to reopen must be filed by

August 21, 1997.

ADDRESSES: Send pleadings referring to

Finance Docket No. 32759 to: (1)

Surface Transportation Board, Office of

the Secretary, Case Control Unit, 1925 K

Street, NW., Washington, DC 20423–

0001; and (2) Eric M. Hocky, Gollatz,

Griffin & Ewing, P.C., 213 West Miner

Street, P.O. Box 796, West Chester, PA

19381–0796.

FOR FURTHER INFORMATION CONTACT:

Beryl Gordon, (202) 565–1600. (TDD for

the hearing impaired: (202) 565–1695.)

SUPPLEMENTARY INFORMATION:

Additional information is contained in

the Board’s decision. To purchase a

copy of the full decision, write to, call,

or pick up in person from: DC News &

Data, Inc., 1925 K Street, NW., Suite

210, Washington, DC 20006. Telephone:

(202) 289–4357. (Assistance for the

hearing impaired is available through

TDD services (202) 565–1695.)

Decided: July 22, 1997.

By the Board, Chairman Morgan and Vice

Chairman Owen.

Vernon A. Williams,

Secretary.

[FR Doc. 97–20229 Filed 7–31–97; 8:45 am]

BILLING CODE 4915–00–P

DEPARTMENT OF THE TREASURY

Customs Service

Quarterly IRS Interest Rates Used in

Calculating Interest on Overdue

Accounts and Refunds on Customs

Duties

AGENCY: Customs Service, Treasury.

ACTION: General notice.

SUMMARY: This notice advises the public

of the quarterly Internal Revenue

Service interest rates used to calculate

interest on overdue accounts and

refunds of Customs duties. For the

quarter beginning July 1, 1997, the rates

will be 8 percent for overpayments and

9 percent for underpayments. This

notice is published for the convenience

of the importing public and Customs

personnel.

EFFECTIVE DATE: July 1, 1997.

FOR FURTHER INFORMATION CONTACT:

Ronald Wyman, Accounting Services

Division, Accounts Receivable Group,

6026 Lakeside Boulevard, Indianapolis,

Indiana 46278, (317) 298–1200,

extension 1349.

SUPPLEMENTARY INFORMATION:

Background

Pursuant to 19 U.S.C. 1505 and

Treasury Decision 85–93, published in

the Federal Register on May 29, 1985

(50 FR 21832), the interest rate paid on

applicable overpayments or

underpayments of Customs duties shall

be in accordance with the Internal

Revenue Code rate established under 26

U.S.C. 6621 and 6622. Interest rates are

determined based on the short-term

Federal rate. The interest rate that

Treasury pays on overpayments will be

the short-term Federal rate plus two

percentage points. The interest rate paid

to the Treasury for underpayments will

be the short-term Federal rate plus three

percentage points. The rates will be

rounded to the nearest full percentage.

The interest rates are determined by

the Internal Revenue Service on behalf

of the Secretary of the Treasury based

on the average market yield on

outstanding marketable obligations of

the U.S. with remaining periods to

maturity of 3 years or less, and fluctuate

quarterly. The rates effective for a

quarter are determined during the firstmonth period of the previous quarter.

The rates of interest for the fourth

quarter of fiscal year (FY) 1997 (the

period of July 1—September 30, 1997)

will be 8 percent for overpayments and

9 percent for underpayments. These

rates will remain in effect through

September 30, 1997, and are subject to

change for the first quarter of FY–1998