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

must file a registration statement and

pay the associated fee of $300.00 before

July 1, 1997, or before engaging in any

of the activities, whichever is later. All

persons who registered for the 1996–97

registration year will be mailed a

registration statement form and an

informational brochure in May 1997.

Other persons wishing to obtain the

form and any other information relating

to this program should contact RSPA at

the address given above. The brochure

and form can also be downloaded from

the RSPA registration Internet home

page at http://ohm.volpe.dot.gov/ohm/

register.htm.

The registration statement has not

been revised for the 1997–98

registration year. Registrants should file

a registration statement and pay the

associated fee at least four weeks before

July 1, 1997, in order to ensure that a

1997–98 certificate of registration has

been obtained by that date to comply

with the recordkeeping requirements.

These include the requirement that the

registration number be made available

on board each truck and truck tractor

(not including trailers and semi-trailers)

and each vessel used to transport

hazardous materials subject to the

registration requirements. A certificate

of registration is generally mailed

within ten days of RSPA’s receipt of a

properly completed registration

statement.

Persons who engage in any of the

specified activities during a registration

year are required to register for that

year. Persons who engaged in these

activities during registration year 1992–

93 (September 16, 1992, through June

30, 1993), 1993–94 (July 1, 1993,

through June 30, 1994), 1994–95 (July 1,

1994, through June 30, 1995), 1995–96

(July 1, 1995, through June 30, 1996), or

1996–97 (July 1, 1996, through June 30,

1997), and have not filed a registration

statement and paid the associated fee of

$300.00 for each year for which

registration is required should contact

RSPA to obtain the required form (DOT

F 5800.2). A copy of the form that will

be distributed for the 1997–98

registration year may be used to register

for previous years. Persons who fail to

register for any registration year in

which they engaged in such activities

are subject to civil penalties for each

day a covered activity is performed. The

legal obligation to register for a year in

which any specified activity was

conducted does not end with the

registration year.

Issued in Washington, DC, on March 21,

1997.

Alan I. Roberts,

Associate Administrator for Hazardous

Materials Safety.

[FR Doc. 97–7664 Filed 3–25–97; 8:45 am]

BILLING CODE 4910–60–P

Actions on Exemption Application

AGENCY: Research and Special Programs

Administration, D.O.T.

ACTION: Notice of actions on exemption

applications.

SUMMARY: In accordance with the

procedures governing the application

for, and the processing of, exemptions

from the Department of Transportation’s

Hazardous Materials Regulations (49

CFR Part 107, Subpart B), notice is

hereby given of the actions on

exemption applications in February–

June 1996. The modes of transportation

involved are identified 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. Application numbers

prefixed by the letters EE represent

applications for Emergency Exemptions.

Issued in Washington, DC, on February

26, 1997.

J. Suzanne Hedgepeth,

Director, Office of Hazardous Materials,

Exemptions and Approvals.

MODIFICATION AND PARTY TO EXEMPTIONS

Application No. Exemption No. Applicant Regulation(s) affected Nature of exemption thereof

3216 DOT–E 3216 E.I. DuPont de Nemours

& Co., Wilmington, DE.

49 CFR 173.314(c) ........ Authorizes the use of a DOT Specification

110A300W tank car tank for transportation of

certain compressed gases. (modes 1,3).

3630–P DOT–E 3630 Mallinckrodt Baker, Inc.,

Phillipsburg, NJ.

49 CFR 177.839(a),

177.839(b).

To become a party to exemption 3630 (mode 1).

4453–P DOT–E 4453 Blastrite Services, Inc.,

Van Wyck, SC.

49 CFR 172.101, 173.62,

176.415, 176.83, Column (8C).

To become a party to exemption 4453 (modes 1,

2, 3).

4453–P DOT–E 4453 Rimrock Explosives, Inc.,

Hayden Lake, ID.

49 CFR 172.101, 173.62,

176.415, 176.83, Column (8C).

To become a party to exemption 4453 (modes 1,

2, 3).

4453–P DOT–E 4453 Southern Explosives

Corporation, Glasgow,

KY.

49 CFR 172.101, 173.62,

176.415, 176.83, Column (8C).

To become a party to exemption 4453 (modes 1,

2, 3).

4453–P DOT–E 4453 United Explosives Company of Ohio, Findlay,

OH.

49 CFR 172.101, 173.62,

176.415, 176.83, Column (8C).

To become a party to exemption 4453 (modes 1,

2, 3).

4453–P DOT–E 4453 Explosives Energies,

Inc., Greenfield, MO.

49 CFR 172.101, 173.62,

176.415, 176.83, Column (8C).

To become a party to exemption 4453 (modes 1,

2, 3).

4453–P DOT–E 4453 Explosives Energies,

Inc., dba Arkansas Explosives, Mabelvale,

AR.

49 CFR 172.101, 173.62,

176.415, 176.83, Column (8C).

To become a party to exemption 4453 (modes 1,

2, 3).

4453–P DOT–E 4453 Explo-Tech, Inc., Spring

City, PA.

49 CFR 172.101, 173.62,

176.415, 176.83, Column (8C).

To become a party to exemption 4453 (modes 1,

2, 3).

4453–P DOT–E 4453 North Star Explosives,

Ketchikan, AK.

49 CFR 172.101, 173.62,

176.415, 176.83, Column (8C).

To become a party to exemption 4453 (modes 1,

2, 3).