112 Federal Register / Vol. 62, No. 58 / Wednesday, March 26, 1997 / Notices

of each petition that it receives, and

affords interested persons an

opportunity to comment on the petition.

At the close of the comment period,

NHTSA decides, on the basis of the

petition and any comments that it has

received, whether the vehicle is eligible

for importation. The agency then

publishes this decision in the Federal

Register.

Champagne Imports, Inc. of Lansdale,

Pennsylvania (Registered Importer No.

R–90–009) has petitioned NHTSA to

decide whether 1989 Alfa Romeo 164

passenger cars are eligible for

importation into the United States. The

vehicle which to grant the petition.

Vehicle Eligibility Number for Subject

Vehicles

The importer of a vehicle admissible

under any final decision must indicate

on the form HS–7 accompanying entry

the appropriate vehicle eligibility

number indicating that the vehicle is

eligible for entry. VSP 196 is the vehicle

eligibility number assigned to vehicles

admissible under this notice of final

decision.

Final Decision

Accordingly, on the basis of the

foregoing, NHTSA hereby decides that a

1989 Alfa Romeo 164 is substantially

similar to a 1989 Alfa Romeo Milano

originally manufactured for importation

into and sale in the United States and

certified under 49 U.S.C. § 30115, and is

capable of being readily altered to

conform to all applicable Federal motor

vehicle safety standards.

Authority: 49 U.S.C. 30141(a)(1)(A) and

(b)(1); 49 CFR 593.8; delegations of authority

at 49 CFR 1.50 and 501.8.

Issued on: March 20, 1997.

Marilynne Jacobs,

Director, Office of Vehicle Safety Compliance.

[FR Doc. 97–7578 Filed 3–25–97; 8:45 am]

BILLING CODE 4910–59–P

[Docket No. 96–094; Notice 2]

Denial of Petition for Import Eligibility

Decision

This notice sets forth the reasons for

the denial of a petition submitted to the

National Highway Traffic Safety

Administration (NHTSA) under 49

U.S.C. 30141(a)(1)(A). The petition,

which was submitted by Champagne

Imports, Inc. of Lansdale, Pennsylvania

(‘‘Champagne’’), a registered importer of

motor vehicles, requested NHTSA to

decide that a 1995 Audi S6 Avant

Quattro Wagon that was not originally

manufactured to comply with all

applicable Federal motor vehicle safety

standards is eligible for importation into

the United States. In the petition,

Champagne contended that this vehicle

is eligible for importation on the basis

that (1) it is substantially similar to a

vehicle that was originally

manufactured for importation into and

sale in the United States and that was

certified by its manufacturer as

complying with the safety standards

(the 1995 Audi A6 Quattro Wagon), and

(2) it is capable of being readily altered

to conform to the standards.

NHTSA published a notice in the

Federal Register on September 6, 1996

(61 FR 46900) that contained a thorough

description of the petition, and solicited

public comments upon it. One comment

was received in response to the notice,

from Volkswagen of America, Inc.

(‘‘Volkswagen’’), the United States

representative of Audi AG, the vehicle’s

manufacturer. In this comment,

Volkswagen contended that the nonU.S. certified 1995 Audi S6 Avant

Quattro Wagon is ineligible for

importation because it is not

substantially similar to a vehicle that

was originally manufactured and

certified for sale in the United States

and is not capable of being readily

altered to conform to the standards.

Specifically, Volkswagen observed that

the non-U.S. certified 1995 Audi S6

Avant Quattro Wagon is equipped with

a 4.2 liter V8 engine, which it claimed

is significantly larger and heavier than

either the 2.8 liter V6 engine that is

installed in the U.S. certified 1995 Audi

A6 Quattro Wagon or the 2.2 liter 5

cylinder engine that is installed in the

U.S. certified 1995 Audi S6 Quattro

Wagon. Volkswagen stated that no

dynamic testing has been performed

that would be necessary to certify that

the vehicle, when equipped with the

larger engine, will meet the

requirements of Federal Motor Vehicle

Safety Standard No. 208 Occupant

Crash Protection. Additionally,

Volkswagen noted that the non-U.S.

certified 1995 Audi S6 Avant Quattro

Wagon is not equipped with a knee

bolster that is necessary to meet the

automatic restraint requirements of

Standard No. 208.

NHTSA accorded Champagne an

opportunity to respond to Volkswagen’s

comments. In its response, Champagne

expressed strong disagreement with

Volkswagen’s contention that the nonU.S. certified 1995 Audi S6 Avant

Quattro Wagon is not substantially

similar to a vehicle originally

manufactured and certified for sale in

the United States. Champagne asserted

that the vehicle’s larger engine size does

not have a significant impact on the

crashworthiness of the vehicle or on its

compliance with Standard No. 208.

Specifically, Champagne contended that

the 2.2 liter ‘‘in line’’ 5 cylinder engine

installed in the U.S. certified 1995 Audi

S6 Quattro Wagon is very close in

length to the V8 engine installed in the

non-U.S. certified 1995 Audi S6 Avant

Quattro Wagon. Additionally,

Champagne observed that because of the

extensive use of aluminum in larger

engines, the weight of vehicles

equipped with each of these engines

would differ by only ‘‘a few percent.’’

In a subsequent response, Champagne

elaborated on these comments by stating

that the additional length and weight of

the V8 engine installed in the non-U.S.

certified 1995 Audi S6 Avant Quattro

Wagon will not significantly affect the

crash performance of the vehicle when

compared to a comparable model

equipped with the 2.8 liter V6 engine

that is installed in the U.S. certified

1995 Audi S6 Quattro. Specifically,

Champagne alleged that the total

distance from the back edge of the

engine block to the front edge of the fire

wall in the non-U.S. certified 1995 Audi

S6 Avant Quattro is two inches, a

measurement that it asserts is identical

to that found in the U.S. certified 1995

Audi S6 Quattro equipped with the 2.8

liter V6 engine. Based on this similarity,

Champagne theorized that ‘‘in a frontal

crash, the V8 engine will affect the

passenger compartment in a similar

manner as the V6 engine.’’ Additionally,

Champagne contended that both the

non-U.S. certified 1995 Audi S6 Avant

Quattro and its U.S. certified

counterpart are ‘‘designed so that in a

severe frontal crash the engine and

drivetrain are directed downward and

rearward, under the passenger

compartment.’’ According to

Champagne, ‘‘[t]his minimizes the effect

[of these components] on the safety

characteristics of the frontal crush

zone,’’ and results in both the U.S. and

non-U.S. certified versions of the

vehicle ‘‘having substantially similar

[Standard No. 208] compliance results

* * *. Champagne further reiterated

that the V8 is only three percent heavier

that the V6, and only one percent

heavier than the 5 cylinder engine when

engine weight is measured as a

percentage of total vehicle weight.

Champagne asserted that this difference

‘‘is not significant, and will not have a

significant impact on [Standard No. 208]

compliance.’’

NHTSA accorded Volkswagen an

opportunity to respond to Champagne’s

comments. In its response, Volkswagen

discounted the significance of the

distance between the back of the engine

and the vehicle firewall as an indicator

of the engine’s effect on crash
Federal Register / Vol. 62, No. 58 / Wednesday, March 26, 1997 / Notices 113

performance. In contrast, Volkswagen

observed that ‘‘[t]he greater overall size

of the 4.2 liter engine and transaxle

combination versus the 2.8 liter V6

actually reduces the available crush

space at the back of the engine/transaxle

system and alters the crash deceleration

pulse.’’ Volkswagen contended that

‘‘[t]he effect of such crash pulse

differences is greater on an unbelted

dummy than on a belted dummy,’’ and

‘‘[f]or that reason verification of

compliance to FMVSS 208 of the S6

vehicle with the 4.2 liter V8 engine

would require a crash test.’’

Additionally, Volkswagen asserted that

contrary to Champagne’s claim, there is

no design feature incorporated into

Audi vehicles ‘‘for the engine and

drivetrain to be directed downward and

rearward under the passenger

compartment to minimize their effect on

the safety characteristics of the frontal

crush zone.’’

NHTSA has fully considered the

comments from both Volkswagen and

Champagne. In light of Volkswagen’s

claim that a 1995 Audi S6 Avant

Quattro Wagon equipped with a 4.2 liter

V8 engine has never been subjected to

the dynamic test requirements of

Standard No. 208, Champagne had the

burden of producing test data or other

information to demonstrate that the

vehicle is capable of meeting those

requirements when equipped with that

engine. Champagne’s plain assertion

that the 4.2 liter V8 engine is close to

the size and weight of the 2.2 liter 5

cylinder engine installed in the U.S.

certified 1995 Audi A6 Quattro, and is

located the same distance from the

firewall as the 2.8 liter V6 engine

installed in the U.S. certified 1995 Audi

S6 Quattro, without further supporting

information, is not sufficient to meet

this burden. Accordingly, NHTSA has

concluded that the petition does not

clearly demonstrate that the non-U.S.

certified 1995 Audi S6 Avant Quattro

Wagon is eligible for importation. The

petition must therefore be denied under

49 CFR 593.7(e).

In accordance with 49 U.S.C.

30141(b)(1), NHTSA will not consider a

new import eligibility petition covering

this vehicle until at least three months

from the date of this notice.

Authority: 49 U.S.C. 30141(a)(1)(A) and

(b)(1); 49 CFR 593.7; delegations of authority

at 49 CFR 1.50 and 501.8.

Issued on: March 20, 1997.

Marilynne Jacobs,

Director, Office of Vehicle Safety Compliance.

[FR Doc. 97–7579 Filed 3–25–97; 8:45 am]

BILLING CODE 4910–59–P

Research and Special Programs

Administration

[Notice No. 97–1]

Hazardous Materials Transportation;

Registration and Fee Assessment

Program

AGENCY: Research and Special Programs

Administration (RSPA), DOT.

ACTION: Notice of filing requirements.

SUMMARY: The Hazardous Materials

Registration Program will enter

registration year 1997–98 on July 1,

1997. Persons who transport or offer for

transportation certain hazardous

materials are required to annually file a

registration statement and pay a fee to

the Department of Transportation.

Persons who registered for the 1996–97

registration year will be mailed a

registration statement form and

informational brochure in May.

FOR FURTHER INFORMATION CONTACT:

David W. Donaldson, Office of

Hazardous Materials Planning and

Analysis, DHM–60 (202–366–4109),

Hazardous Materials Safety, 400

Seventh Street SW., Washington, DC

20590–0001, or by E-mail to

REGISTER@rspa.dot.gov.

SUPPLEMENTARY INFORMATION: This

notice is intended to notify persons who

transport or offer for transportation

certain hazardous materials of an annual

requirement to register with the

Department of Transportation. Each

person, as defined by the Federal

hazardous materials transportation law

(49 U.S.C. 5101 et seq.), who engages in

any of the specified activities relating to

the transportation of hazardous

materials is required to register annually

with the Department of Transportation

and pay a fee. The regulations

implementing this program are in Title

49, Code of Federal Regulations,

§§ 107.601–107.620.

Proceeds from the fee are used to fund

grants to State, local, and Indian tribal

governments for emergency response

training and planning. Grants were

awarded to all states, three territories,

and 15 Native American tribes during

FY 1996. By law, 75 percent of the

Federal grant monies awarded to the

States is further distributed to local

emergency response and planning

agencies. The FY 1995 funds helped to

provide: (1) Training for 121,000

emergency response personnel; (2)

approximately 500 commodity flow

studies and hazard analyses; (3) 4,500

emergency response plans updated or

written for the first time; (4) assistance

to 2,150 local emergency planning

committees; and (5) 770 emergency

exercises.

The persons affected by these

regulations are those who offer or

transport in commerce any of the

following materials:

A. Any highway route-controlled

quantity of a Class 7 (radioactive)

material;

B. More than 25 kilograms (55

pounds) of a Division 1.1, 1.2, or 1.3

(explosive) material in a motor vehicle,

rail car, or freight container;

C. More than one liter (1.06 quarts)

per package of a material extremely

toxic by inhalation (that is, a ‘‘material

poisonous by inhalation’’ that meets the

criteria for ‘‘hazard zone A’);

D. A hazardous material in a bulk

packaging having a capacity equal to or

greater than 13,248 liters (3,500 gallons)

for liquids or gases or more than 13.24

cubic meters (468 cubic feet) for solids;

or

E. A shipment, in other than a bulk

packaging, of 2,268 kilograms (5,000

pounds) gross weight or more of a class

of hazardous materials for which

placarding of a vehicle, rail car, or

freight container is required for that

class.

The following persons are excepted

from the registration requirement:

A. Agencies of the Federal

Government;

B. Agencies of States;

C. Agencies of political subdivisions

of States;

D. Employees of those agencies listed

in A, B, or C with respect to their

official duties;

E. Hazmat employees, including the

owner-operator of a motor vehicle

which transports in commerce

hazardous materials if that vehicle, at

the time of those activities, is leased to

a registered motor carrier under a 30-

day or longer lease as prescribed in 49

CFR Part 1057 or an equivalent

contractual relationship; and

F. Persons domiciled outside the

United States who offer, solely from

locations outside the United States,

hazardous materials for transportation

in commerce, if the country in which

they are domiciled does not impose

registration or a fee upon U.S.

companies for offering hazardous

materials into that country. However,

persons domiciled outside the United

States who carry the types and

quantities of hazardous materials that

require registration within the United

States are subject to the registration

requirement.

The 1996–97 registration year ends on

June 30, 1997. The 1997–98 registration

year will begin on July 1, 1997, and end

on June 30, 1998. Any person who

engages in any of the specified activities

during the 1997–98 registration year