Federal Register / Vol. 60, No. 95 / Wednesday, May 17, 1995 / Notices 26475

placed in service, and without the

requested waiver, such funds will not be

expended. AFTB explains that the

waiver sought herein would allow

AFTB the necessary flexibility to

complete drydocking and repairs to the

RO/RO barges without disrupting the

weekly service which is currently

provided to the shipping public.

Any person, firm, or corporation

having any interest in the application

for section 506 consent and desiring to

submit comments concerning

Kadampanattu Corp.’s request must by

5:00 p.m. on May 30, 1995, file written

comments in triplicate, to the Secretary,

Maritime Administration, Room 7210,

Nassif Building, 400 Seventh Street,

SW., Washington, DC 20590. The

Maritime Administration, as a matter of

discretion, will consider any comments

submitted and take such action as may

be deemed appropriate.

(Catalog of Federal Domestic Assistance

Program No. 20.800 Construction-Differential

Subsidies (CDS))

By order of the Maritime Administrator.

Dated: May 11, 1995.

Murray A. Bloom,

Acting Secretary, Maritime Administration.

[FR Doc. 95–12093 Filed 5–16–95; 8:45 am]

BILLING CODE 4910–81–M

National Highway Traffic Safety

Administration

[Docket No. 95–39; Notice 1]

Volkswagen of America, Inc.; Receipt

of Application for Decision of

Inconsequential Noncompliance

Volkswagen of America, Inc. (VWoA)

of Auburn Hills, Michigan, has

determined that some of its vehicles fail

to comply with the power window

requirements of 49 CFR 571.118,

Federal Motor Vehicle Safety Standard

(FMVSS) No. 118, ‘‘Power-Operated

Window, Partition, and Roof Panel

Systems,’’ and has filed an appropriate

report pursuant to 49 CFR Part 573,

‘‘Defect and Noncompliance Reports.’’

VWoA has also applied to be exempted

from the notification and remedy

requirements of 49 U.S.C. Chapter 301—

‘‘Motor Vehicle Safety’’ on the basis that

the noncompliance is inconsequential to

motor vehicle safety.

This notice of receipt of an

application is published under 49

U.S.C. 30118 and 30120 and does not

represent any agency decision or other

exercise of judgment concerning the

merits of the application.

Paragraph S4(e) in FMVSS No. 118

states that power operated windows

may be closed only ‘‘during the interval

between the time the locking device

which controls the activation of the

vehicle’s engine is turned off and the

opening of either of a two-door vehicle’s

doors or, in the case of a vehicle with

more than two doors, the opening of its

front doors.’’

During the period of September 1,

1992 through March 5, 1995, VWoA

manufactured approximately 1,200 1995

GTI vehicles and 18,795 1993–1995 Jetta

III vehicles that do not comply with the

power window requirements of FMVSS

No. 118. The power windows in the

subject vehicles can be operated when

the ignition key is in the ‘‘off’’ position

and the passenger side front door has

been opened. The windows should not

be able to be operated in this scenario.

VWoA supports its application for

inconsequential noncompliance with

the following:

The purpose of the requirement in S4(e) of

FMVSS 118 specifying that the power

window system not be functional if the

ignition key is in the ‘‘off’’ position and one

of the front doors have been opened, is to

reduce the possibility of unsupervised

children operating the power windows in the

vehicle. S4(e) is based upon the assumption

that before one of the front doors has been

opened, an adult remains in the vehicle to

supervise and protect children from the

safety risks associated with the operation of

the power window system. S4(e) further

assumes that after one of the front vehicle

doors has been opened, no adult remains in

the vehicle and thereby creates a risk that

children remaining in the vehicle may injure

themselves by activating operational power

windows without supervision. S4(e) seeks to

eliminate that risk.

In the case of the affected vehicles, the

power windows cease to be operable if the

driver door is opened, but remain operational

for a period of 10 minutes after the passenger

side front door has been opened. The

rationale supporting the 10 minute period is

to allow the driver to close any open

windows even though he may already have

turned off the ignition and the passenger may

have opened to door and exited the vehicle.

It is a convenience feature permitted by law

in Europe and offered by Volkswagen to the

market in Europe as a convenience feature.

The power-operated roof panel systems

cannot be operated after the ignition key has

been turned off.

VWoA believes that its European

configuration inadvertently built into certain

vehicles delivered in the United States does

not affect their safety in a discernible way.

VWoA believes that as long as the driver door

of the vehicle has not been opened, a person

of driving age inevitably remains in the

vehicle because the exiting of the driver on

the passenger side front door is extremely

difficult and therefore unlikely. The affected

vehicles are equipped with bucket seats and

a center transmission console which cause

the movement of the driver to the passenger

side of the vehicle without contortion to be

difficult and virtually impossible. Also, it

makes no sense to suggest that a driver would

exit the vehicle on the passenger side of a

vehicle with bucket seats and [a] floor

mounted transmission lever when he can

conveniently open the driver’s door for exit.

VWoA has received no customer

compliants or claims relating to the ability of

the windows to operate after the passenger

door has been opened.

It should also be noted that the

Volkswagen Owner’s Manual contains an

express warning against leaving children

unattended in a vehicle and against misuse

of the ignition key. The warning reads as

follows:

WARNING

Do not leave children unattended in the

vehicle especially with access to vehicle

keys. Unsupervised use of the keys can result

in starting of the engine and use of vehicle

systems such as the power windows and

power sunroof, which could result in serious

personal injury.

As explained, the probability of

unsupervised children being exposed to

injury from power-operated window systems

during the 10 minute interval after the

ignition key has been turned off and the

passenger side front door is opened and

before the driver side front door is opened,

is non-existent and that therefore this

noncompliance is inconsequential to motor

vehicle safety.

VWoA requests that this [application] be

granted so that an unnecessary and costly

consumer recall action [can] be avoided.

VWoA expects a particularly low owner

response to such a recall, if it were

undertaken, because the ability to operate the

power windows after the front passenger side

door has been opened would likely be

viewed by the owner to offer a valuable

convenience feature without any apparent

safety disadvantage.

Interested persons are invited to

submit written data, views, and

arguments on the application of VWoA,

described above. Comments should refer

to the docket number and be submitted

to: Docket Section, National Highway

Traffic Safety Administration, Room

5109, 400 Seventh Street, SW.,

Washington, D.C., 20590. It is requested

but not required that six copies be

submitted.

All comments received before the

close of business on the closing date

indicated below will be considered. The

application and supporting materials,

and all comments received after the

closing date, will also be filed and will

be considered to the extent possible.

When the application is granted or

denied, the notice will be published in

the Federal Register pursuant to the

authority indicated below.

Comment closing date: June 16, 1995.

(15 U.S.C. 1417; delegations of authority at

49 CFR 1.50 and 501.8)
26476 Federal Register / Vol. 60, No. 95 / Wednesday, May 17, 1995 / Notices

Issued on: May 11, 1995.

Barry Felrice,

Associate Administrator for Safety

Performance Standards.

[FR Doc. 95–12090 Filed 5–16–95; 8:45 am]

BILLING CODE 4910–59–M

Research and Special Programs

Administration

Office of Hazardous Materials Safety;

Notice of Applications for Exemptions

AGENCY: Reserach and Special Programs

Administration, DOT.

ACTION: List of applicants for

exemptions.

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 that the Office of

Hazardous Materials Safety has received

the applications described herein. Each

mode of transportation for which a

particular exemption is requested is

indicated 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—Passenger-carrying

aircraft.

DATES: Comments must be received on

or before June 16, 1995.

ADDRESS COMMENTS TO: Docket Unit,

Research and Special Programs

Administration, U.S. Department of

Transportation, Washington, DC 20590.

Comments should refer to the

application number and be submitted in

triplicate. If confirmation of receipt of

comments is desired, include a selfaddressed stamped postcard showing

the exemption application number.

FOR FURTHER INFORMATION CONTACT:

Copies of the applications are available

for inspection in the Dockets Unit,

Room 8426, Nassif Building, 400 7th

Street, SW., Washington, DC.

NEW EXEMPTIONS

Application

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

11449–N ... Kleen Brite Lab., Inc.,

Rochester, NY.

49 CFR 174.67(i)(j) ................................... To authorize chlorine filled rail cars to remain attached

to connectors without the physical presence of an

unloader. (modes 1, 2, 3)

11450–N ... Coast Gas Inc., Bakersfield,

CA.

49 CFR 173.315(a) ................................... To authorize the transportation in commerce of corrosive liquefied petroleum gases in internally coated

MC 331 cargo tanks. (mode 1)

11451–N ... Gabriel Chemicals Inc.,

Houston, TX.

49 CFR 180.407 ....................................... To authorize DOT–412 cargo tank inspection every five

years when used in chlorosulfonic acid service.

(mode 1)

11453–N ... Heatec, Inc., Chattanooga,

TN.

49 CFR 173.32c(g)(1) ............................... To authorize the transportation in commerce of a flammable liquid in non-DOT specification steel portable

tanks permanently fitted within an ISO frame. (modes

1, 2, 3)

11454–N ... Hodgdon Powder Co., Inc.,

Shawnee Mission, KS.

49 CFR 173.71 ......................................... To authorize the transportation in commerce of smokeless powder reclassified in Division 4.1 not to exceed

100 pounds to be shipped by cargo vessel. (mode 3)

11457–N ... Entergy Services, Inc.,

Beaumont, TX.

49 CFR 174.67(i)&(j) ................................. To authorize chlorine filled tank cars to remain connected to fittings without the physical presence of an

unloader. (mode 2)

11458–N ... Bristol-Myers Squibb Co., et

al, Cranbury, NJ.

49 CFR 172.203(a), 173.150(b),

173.152(b), 173.154(b), 173.155(b),

173.306 (a) & (h), Part 107, Subpart B,

Appendix B, Part 107, Subpart B, Appendix B.

To authorize the transportation in commerce of

consumer commodities eligible for reclassification as

ORM–D in pallet-sized display packs that exceed the

gross weight limit for limited quantities packages.

(mode 1)

11459–N ... Quality Containment Co.,

Owensboro, KY.

49 CFR 173.34, 173.302, 173.304 ........... To authorize the manufacture, mark and sale of a recovery cylinder for use in transporting damaged sulfur dioxide cylinders. (mode 1)

This notice of receipt of applications

for new exemptions is published in

accordance with Part 107 of the

Hazardous Materials Transportations

Act (49 U.S.C. 1806; 49 CFR 1.53(e)).

Issued in Washington, DC, on May 11,

1995.

J. Suzanne Hedgepeth,

Chief, Exemption Programs, Office of

Hazardous Materials Exemptions and

Approvals.

[FR Doc. 95–12091 Filed 5–16–95; 8:45 am]

BILLING CODE 4410–60–M

Office of Hazardous Materials Safety;

Notice of Applications for Modification

of Exemptions or Applications To

Become a Party to an Exemption

AGENCY: Research and Special Programs

Administration, DOT.

ACTION: List of applications for

modification of exemptions or

applications to become a party to an

exemption.

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 that the Office of

Hazardous Materials Safety has received

the applications described herein. This

notice is abbreviated to expedite

docketing and public notice. Because

the sections affected, modes of

transportation, and the nature of

application have been shown in earlier

Federal Register publications, they are

not repeated here. Requests for

modifications of exemptions (e.g. to

provide for additional hazardous

materials, packaging design changes,

additional mode of transportation, etc.)

are described in footnotes to the

application number. Application

numbers with the suffix ‘‘M’’ denote a

modification request. Application

numbers with the suffix ‘‘P’’ denote a