9868 Federal Register / Vol. 74, No. 43 / Friday, March 6, 2009 / Notices 

Outreach Plan; and (4) review the status 

of cooperative environmental activities 

the Parties are implementing consistent 

with the CAFTA–DR ECA. 

The public is advised to refer to the 

State Department Web site at http:// 

www.state.gov/g/oes/env/ and the USTR 

Web site at http://www.ustr.gov for 

further information. 

Dated: February 27, 2009. 

Daniel T. Fantozzi, 

Director, Office of Environmental Policy, 

Department of State. 

[FR Doc. E9–4805 Filed 3–5–09; 8:45 am] 

BILLING CODE 4710–09–P 

DEPARTMENT OF TRANSPORTATION 

National Highway Traffic Safety 

Administration 

[Docket No. NHTSA–2008–0144; Notice 2] 

Decision That Nonconforming 1997 

and 1998 Left-Hand Drive and 1997 

through 2001 Right-Hand Drive Jeep 

Cherokee Multipurpose Passenger 

Vehicles Are Eligible for Importation 

AGENCY: National Highway Traffic 

Safety Administration, DOT. 

ACTION: Notice of decision by the 

National Highway Traffic Safety 

Administration (NHTSA) that 

nonconforming 1997 and 1998 left-hand 

drive and 1997 through 2001 right-hand 

drive Jeep Cherokee multipurpose 

passenger vehicles are eligible for 

importation. 

SUMMARY: This document announces a 

decision by NHTSA that nonconforming 

1997 and 1998 left-hand drive (LHD) 

and 1997 through 2001 right-hand drive 

(RHD) Jeep Cherokee multipurpose 

passenger vehicles (MPVs) 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 sale in the United 

States and that were certified by their 

manufacturer as complying with the 

safety standards (the U.S.-certified 

version of the 1997 and 1998 LHD and 

1997 through 2001 RHD Jeep Cherokee 

MPVs), and (2) they are capable of being 

readily altered to conform to the 

standards. 

DATES: This decision is effective on 

Friday, February 27, 2009. 

FOR FURTHER INFORMATION CONTACT: 

Coleman Sachs, Office of Vehicle Safety 

Compliance, NHTSA (202–366–3151). 

SUPPLEMENTARY INFORMATION: 

Background 

Under 49 U.S.C. 30141(a)(1)(A), a 

motor vehicle that was not originally 

manufactured to conform to all 

applicable FMVSS shall be refused 

admission into the United States unless 

NHTSA has decided that the motor 

vehicle is substantially similar to a 

motor vehicle originally manufactured 

for sale in the United States, certified 

under 49 U.S.C. 30115, and of the same 

model year as the model of the motor 

vehicle to be compared, and is capable 

of being readily altered to conform to all 

applicable FMVSS. 

Where there is no substantially 

similar U.S.-certified motor vehicle, 49 

U.S.C. 30141(a)(1)(B) permits a 

nonconforming motor vehicle to be 

admitted into the United States if its 

safety features comply with, or are 

capable of being altered to comply with, 

all applicable FMVSS based on 

destructive test data or such other 

evidence as NHTSA decides to be 

adequate. 

Petitions for eligibility decisions may 

be submitted by either manufacturers or 

importers who have registered with 

NHTSA pursuant to 49 CFR Part 592. As 

specified in 49 CFR 593.7, NHTSA 

publishes notice in the Federal Register 

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. 

Auto Boutique, Ltd., of Costa Mesa, 

California (ABL) (Registered Importer 

08–356), petitioned NHTSA to decide 

whether nonconforming 1997–2001 

RHD Jeep Cherokee MPVs are eligible 

for importation into the United States. 

Shortly after ABL’s petition was filed, 

U.S. Drive Right (USDR), of Spring 

Arbor, Michigan (Registered Importer 

08–355) separately petitioned NHTSA to 

decide whether nonconforming 1997 

and 1998 RHD and LHD Jeep Cherokee 

MPVs are eligible for importation into 

the United States. NHTSA published a 

combined notice of the petitions on 

September 17, 2008 (73 FR 53927) to 

afford an opportunity for public 

comment. The reader is referred to that 

notice for a thorough description of the 

petitions. 

No comments were received in 

response to the notice of the petitions. 

The ABL and USDR petitions differed 

in scope: USRD included LHD versions 

of the subject vehicles for model years 

1997 and 1998 but did not address LHD 

or RHD 1999–2001 vehicles, while ABL 

only addressed RHD 1999–2001 

vehicles. 

The following discussion applies 

equally to both LHD and RHD vehicles. 

That is because in this unique case, the 

original manufacturer of the vehicles 

certified as conforming to all applicable 

FMVSS both LHD and RHD versions of 

the substantially similar U.S.-certified 

models in model years 1997–2001. 

Moreover, the description of the 

modifications required to convert these 

vehicles do not differ with respect to the 

driver’s seating position. 

The agency notes that the petitions 

differed significantly with respect to the 

need for alterations to conform the 

vehicles to applicable FMVSS. ABL did 

not indicate the need for any alterations 

other than adding labeling to meet the 

requirements of 49 CFR part 565, while 

USDR contended that the vehicles must 

be altered in order to meet Standards 

No. 101, 108, 120 and 208 and 49 CFR 

part 565. A complete description of the 

alterations described by the two 

petitioners can be found in the notice of 

petition. 

To reconcile these differences, the 

agency has decided that all vehicles 

covered by this decision must be 

examined for compliance with 

Standards No. 101, 108, 120 and 208 as 

well as 49 CFR Part 565 and that RIs 

must demonstrate, in the conformity 

statements submitted for any vehicle 

imported under this eligibility decision, 

that each vehicle either conformed to 

the standard as originally manufactured 

or has been altered to conform by the RI. 

Final Decision 

Accordingly, on the basis of the 

foregoing, NHTSA has decided that 

nonconforming 1997 and 1998 LHD and 

1997 through 2001 RHD Jeep Cherokee 

MPVs that were not originally 

manufactured to comply with all 

applicable FMVSS are substantially 

similar to nonconforming 1997 and 

1998 LHD and 1997 through 2001 RHD 

Jeep Cherokee MPVs originally 

manufactured for sale in the United 

States and certified under 49 U.S.C. 

30115, and are capable of being readily 

altered to conform to all applicable 

FMVSS. 

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–516 is the 

vehicle eligibility number assigned to 

1997 and 1998 LHD Jeep Cherokee 

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Federal Register / Vol. 74, No. 43 / Friday, March 6, 2009 / Notices 9869 

MPVs and VSP–515 is the vehicle 

eligibility number assigned to 1997 

through 2001 RHD Jeep Cherokee MPVs 

admissible under this notice of final 

decision. 

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 February 27, 2009. 

Claude H. Harris, 

Director, Office of Vehicle Safety Compliance. 

[FR Doc. E9–4808 Filed 3–5–09; 8:45 am] 

BILLING CODE 4910–59–P 

DEPARTMENT OF TRANSPORTATION 

Surface Transportation Board 

Release of Waybill Data 

The Surface Transportation Board has 

received a request from GATX Rail 

(WB512–14–12/16/08), for permission 

to use certain data from the Board’s 

Carload Waybill Samples. A copy of this 

request may be obtained from the Office 

of Economics, Environmental Analysis, 

and Administration. 

The waybill sample contains 

confidential railroad and shipper data; 

therefore, if any parties object to these 

requests, they should file their 

objections with the Director of the 

Board’s Office of Economics, 

Environmental Analysis, and 

Administration within 14 calendar days 

of the date of this notice. The rules for 

release of waybill data are codified at 49 

CFR 1244.9. 

Contact: Scott Decker, (202) 245– 

0330. 

Jeffrey Herzig, 

Clearance Clerk. 

[FR Doc. E9–4747 Filed 3–5–09; 8:45 am] 

BILLING CODE 4915–10–P 

DEPARTMENT OF THE TREASURY 

Community Development Financial 

Institutions Fund 

Capital Magnet Fund 

AGENCY: Community Development 

Financial Institutions Fund, U.S. 

Department of the Treasury. 

ACTION: Request for public comment. 

SUMMARY: This notice invites comments 

from the public on issues regarding how 

the Community Development Financial 

Institutions (CDFI) Fund should design, 

implement, and administer the Capital 

Magnet Fund, as set forth in Section 

1339 of the Federal Housing Enterprises 

Financial Safety and Soundness Act of 

1992 (the Act), which was added 

through Section 1131(b) of the Housing 

and Economic Recovery Act of 2008. All 

materials submitted will be available for 

public inspection and copying. 

DATES: All comments and submissions 

must be received by May 5, 2009. 

ADDRESSES: Comments may be sent by 

mail to: Deputy Director of Policy and 

Programs, CDFI Fund, U.S. Department 

of the Treasury, 601 13th Street, NW., 

Suite 200 South, Washington, DC 20005; 

by e-mail to cdfihelp@cdfi.treas.gov; or 

by facsimile at (202) 622–7754. Please 

note this is not a toll free number. 

FOR FURTHER INFORMATION CONTACT: 

Information regarding the CDFI Fund 

and the Capital Magnet Fund may be 

downloaded from the CDFI Fund’s Web 

site at http://www.cdfifundgov. 

SUPPLEMENTARY INFORMATION: The 

Capital Magnet Fund was established 

through the Housing and Economic 

Recovery Act of 2008, which added 

Section 1339 of the Federal Housing 

Enterprises Financial Safety and 

Soundness Act of 1992 (the Act), 12 

U.S.C. 4569. Through the Capital 

Magnet Fund, the CDFI Fund will carry 

out a competitive grant program for 

CDFIs and nonprofit organizations (if 

one of their principal purposes is the 

development or management of 

affordable housing) to attract private 

capital for and increase investment in 

the development, preservation, 

rehabilitation, and purchase of 

affordable housing for primarily 

extremely low-, very low-, and lowincome families; and economic 

development activities or community 

service facilities (such as day care 

centers, workforce development centers, 

and health care clinics) which in 

conjunction with affordable housing 

activities will implement a concerted 

strategy to stabilize or revitalize a lowincome area or underserved rural area. 

Section 1339 established the Capital 

Magnet Fund as a program that will be 

administered by the CDFI Fund. 

The CDFI Fund invites and 

encourages comments and suggestions 

germane to the mission, purpose, and 

implementation of the Capital Magnet 

Fund. The CDFI Fund is particularly 

interested in comments in the following 

areas: 

Eligible Use of Funds 

Section 1339(c) of the Act states that 

Capital Magnet Fund grants shall be 

used to attract private capital for and 

increase investment in: (a) The 

development, preservation, 

rehabilitation, or purchase of affordable 

housing for primarily extremely low-, 

very low-, and low-income families; and 

(b) economic development activities or 

community service facilities, such as 

daycare centers, workforce development 

centers, and health care clinics, which 

in conjunction with affordable housing 

activities implement a concerted 

strategy to stabilize or revitalize a lowincome area or underserved rural area. 

Section 1339(f) of the Act states that 

grant amounts awarded from the Capital 

Magnet Fund may be used in 

furtherance of the purposes above, 

including for the following eligible uses: 

(1) To provide loan loss reserves; 

(2) To capitalize a revolving loan 

fund; 

(3) To capitalize an affordable housing 

fund; 

(4) To capitalize a fund to support 

economic development activities or 

community service facilities, as 

described in Section 1339(c)(2) of the 

Act; and 

(5) For risk-sharing loans. 

The CDFI Fund welcomes comments 

on issues relating to the eligibility of 

certain activities, particularly with 

respect to the following questions: 

(a) What definition should the CDFI 

Fund use to assess what constitutes 

‘‘affordable housing?’’ What 

affordability thresholds or restrictions 

(if any) should the Fund require, and for 

how long a period should these be in 

place? 

(b) How should ‘‘primarily’’ be 

defined, as such term is used in Section 

1339(c)(l)? What are the appropriate 

minimum levels of targeting that each 

project should be required to achieve 

(e.g., 50 percent of housing units are 

affordable to low-income persons, 20 

percent of housing units are available to 

extremely low-income persons, etc.)? 

(c) How should ‘‘preservation’’ be 

defined, as such term is used in Section 

1339(c)(1)? Should it include the refinancing of single- or multi-family 

mortgages as eligible activities? 

(d) How should ‘‘rehabilitation’’ be 

defined, as such term is used in Section 

1339(c)(1)? 

(e) Capital Magnet Fund grants may 

be used to finance economic 

development activities and/or 

community service facilities ‘‘in 

conjunction with affordable housing 

activities.’’ 

(i) What restrictions (if any) should 

the CDFI Fund place on the percentage 

of award dollars that an awardee may 

apply towards economic development 

activities and/or community service 

facilities (e.g., no more than 20 percent 

of a total award)? 

(ii) Should the CDFI Fund support 

economic development activities/ 

community service facilities in 

conjunction with affordable housing 

activities financed by sources other than 

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