60880 Federal Register / Vol. 70, No. 201 / Wednesday, October 19, 2005 / Notices 

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. 

Claude H. Harris, 

Director, Office of Vehicle Safety Compliance. 

[FR Doc. 05–20871 Filed 10–18–05; 8:45 am] 

BILLING CODE 4910–59–P 

DEPARTMENT OF TRANSPORTATION 

National Highway Traffic Safety 

Administration 

Petition for Exemption From the 

Vehicle Theft Prevention Standard; 

Mitsubishi Motors 

AGENCY: National Highway Traffic 

Safety Administration (NHTSA), 

Department of Transportation (DOT). 

ACTION: Grant of petition for exemption. 

SUMMARY: This document grants in full 

the petition of Mitsubishi Motors R&D 

of America (Mitsubishi), for an 

exemption in accordance with 

§ 543.9(c)(2) of 49 CFR Part 543, 

Exemption from the Theft Prevention 

Standard, for the Mitsubishi Endeavor 

vehicle line beginning with model year 

(MY) 2006. This petition is granted 

because the agency has determined that 

the antitheft device to be placed on the 

Endeavor vehicle line as standard 

equipment is likely to be as effective in 

reducing and deterring motor vehicle 

theft as compliance with the partsmarking requirements of the Theft 

Prevention Standard. Mitsubishi 

requested confidential treatment for the 

information and attachments it 

submitted in support of its petition. The 

agency will consider the petitioner’s 

request for confidential treatment and 

will respond by separate letter. 

DATES: The exemption granted by this 

notice is effective beginning September 

1, 2006. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Carlita Ballard, Office of International 

Policy, Fuel Economy and Consumer 

Programs, NHTSA, 400 Seventh Street, 

SW., Washington, DC 20590. Ms. 

Ballard’s telephone number is (202) 

366–0846. Her fax number is (202) 493–

2290. 

SUPPLEMENTARY INFORMATION: In a 

petition dated February 25, 2005, 

Mitsubishi requested exemption from 

the parts-marking requirements of the 

theft prevention standard (49 CFR Part 

541) for the Mitsubishi Endeavor 

vehicle line beginning with MY 2006. 

The petition requested an exemption 

from parts-marking pursuant to 49 CFR 

543, Exemption from Vehicle Theft 

Prevention Standard, based on the 

installation of an antitheft device as 

standard equipment for the entire 

vehicle line. Subsequently, the agency 

notified Mitsubishi of the areas of 

deficiency in its petition for exemption. 

Mitsubishi was also informed that its 

submission would be considered 

incomplete until such time the 

supplementary information addressing 

the areas of deficiency had been 

received. The agency received 

Mitsubishi’s supplementary information 

on July 11, 2005. 

Under § 543.5(a), a manufacturer may 

petition NHTSA to grant exemptions for 

one line of its vehicle lines per year. In 

its petition, Mitsubishi provided a 

detailed description and diagram of the 

identity, design, and location of the 

components of the antitheft device for 

the new vehicle line. Mitsubishi will 

install its passive, electronic 

immobilizer antitheft device as standard 

equipment beginning with MY 2006. 

Mitsubishi’s submission is considered a 

complete petition as required by 49 CFR 

543.7, in that it meets the general 

requirements contained in 543.5 and the 

specific content requirements of 543.6. 

In addressing the specific content 

requirements of 543.6, Mitsubishi 

provided information on the reliability 

and durability of its proposed device. 

To ensure reliability and durability of 

the device, Mitsubishi conducted tests 

based on its own specified standards. 

Mitsubishi also provided a detailed list 

of the tests conducted and believes that 

the device is reliable and durable since 

the device complied with its specified 

requirements for each test. 

Mitsubishi compared the device 

proposed for its vehicle line with 

devices which NHTSA has determined 

to be as effective in reducing and 

deterring motor vehicle theft as would 

compliance with the parts-marking 

requirements. Mitsubishi’s proposed 

device, as well as other comparable 

devices that have received full 

exemptions from the parts-marking 

requirements, lack an audible and 

visible alarm. Therefore, these devices 

cannot perform one of the functions 

listed in 49 CFR 542.6(a)(3), that is, to 

call attention to unauthorized attempts 

to enter or move the vehicle. However, 

theft data have indicated a decline in 

theft rates for vehicle lines that have 

been equipped with antitheft devices 

similar to that which Mitsubishi 

purposes. In these instances, the agency 

has concluded that the lack of a visual 

or audible alarm has not prevented 

these antitheft devices from being 

effective protection against theft. 

On the basis of this comparison, 

Mitsubishi has concluded that the 

antitheft device proposed for its vehicle 

line is no less effective than those 

devices in the lines for which NHTSA 

has already granted full exemption from 

the parts-marking requirements. 

Based on the evidence submitted by 

Mitsubishi, the agency believes that the 

antitheft device for the Mitsubishi 

vehicle line is likely to be as effective 

in reducing and deterring motor vehicle 

theft as compliance with the partsmarking requirements of the Theft 

Prevention Standard. 

The agency concludes that the device 

will provide four of the five types of 

performance listed in § 543.6(a)(3): 

Promoting activation; preventing defeat 

or circumvention of the device by 

unauthorized persons; preventing 

operation of the vehicle by 

unauthorized entrants; and ensuring the 

reliability and durability of the device. 

As required by 49 U.S.C. 33106 and 

49 CFR 543.6(a)(4) and (5), the agency 

finds that Mitsubishi has provided 

adequate reasons for its belief that the 

antitheft device will reduce and deter 

theft. This conclusion is based on the 

information Mitsubishi provided about 

its device, much of which is 

confidential. This confidential 

information included a description of 

reliability and functional tests 

conducted by Mitsubishi for the 

antitheft device and its components. 

For the foregoing reasons, the agency 

hereby grants in full Mitsubishi’s 

petition for exemption of its Endeavor 

vehicle line from the parts-marking 

requirements of 49 CFR part 541. The 

agency notes that 49 CFR part 541, 

Appendix A–1, identifies those lines 

that are exempted from the Theft 

Prevention Standard for a given model 

year. 49 CFR part 543.7(f) contains 

publication requirements incident to the 

disposition of all Part 543 petitions. 

Advanced listing, including the release 

of future product nameplates, is 

necessary in order to notify law 

enforcement agencies of new vehicle 

lines exempted from the parts-marking 

requirements of the Theft Prevention 

Standard. 

If Mitsubishi decides not to use the 

exemption for this line, it must formally 

notify the agency, and, thereafter, the 

line must be fully marked as required by 

49 CFR parts 541.5 and 541.6 (marking 

of major component parts and 

replacement parts). 

NHTSA notes that if Mitsubishi 

wishes in the future to modify the 

device on which this exemption is 

based, the company may have to submit 

a petition to modify the exemption. Part 

543.7(d) states that a Part 543 exemption 

applies only to vehicles that belong to 

a line exempted under this part and 

equipped with the antitheft device on 

which the line’s exemption is based. 

Federal Register / Vol. 70, No. 201 / Wednesday, October 19, 2005 / Notices 60881 

Further, § 543.9(c)(2) provides for the 

submission of petitions ‘‘to modify an 

exemption to permit the use of an 

antitheft device similar to but differing 

from the one specified in that 

exemption.’’

The agency wishes to minimize the 

administrative burden that part 

543.9(c)(2) could place on exempted 

vehicle manufacturers and itself. The 

agency did not intend part 543 to 

require the submission of a modification 

petition for every change to the 

components or design of an antitheft 

device. The significance of many such 

changes could be de minimis. Therefore, 

NHTSA suggests that if the 

manufacturer contemplates making any 

changes the effects of which might be 

characterized as de minimis, it should 

consult the agency before preparing and 

submitting a petition to modify. 

Authority: 49 U.S.C. 33106; delegation of 

authority at 49 CFR 1.50. 

Issued on: October 13, 2005. 

Stephen R. Kratzke, 

Associate Administrator for Rulemaking. 

[FR Doc. 05–20890 Filed 10–18–05; 8:45 am] 

BILLING CODE 4910–59–P 

DEPARTMENT OF TRANSPORTATION 

Pipeline and Hazardous Materials 

Safety Administration 

[Docket No. RSPA–03–15852] 

Pipeline Safety: Workshops on Public 

Awareness Programs for Pipeline 

Operators 

AGENCY: Pipeline and Hazardous 

Materials Safety Administration 

(PHMSA), DOT. 

ACTION: Notice of workshops. 

SUMMARY: PHMSA and the National 

Association of Pipeline Safety 

Representatives (NAPSR) will host two 

workshops to help ensure full 

compliance with new public awareness 

program requirements for pipeline 

operators. PHMSA will provide an 

update on the compliance review plan. 

In addition, these workshops will 

provide a forum to share strategies for 

implementing these new requirements 

successfully. Participants can learn 

about collaborative efforts undertaken in 

different sectors of the pipeline industry 

to improve both the effectiveness and 

efficiency of their related programs. 

DATES: The November workshop will 

focus on helping gas distribution 

operators improve their public 

awareness programs. It will be held on 

November 9–10, 2005. The December 

workshop will focus on helping 

hazardous liquid and gas transmission 

operators improve their public 

awareness programs. It will be held on 

December 7–8, 2005. Both workshops 

will begin at 1 p.m. on the first day and 

end at noon on the second day. 

ADDRESSES: The November 9–10, 2005, 

workshop will be held at the Hyatt 

Regency Baltimore on the Inner Harbor, 

300 Light Street, Baltimore, MD 21202. 

Hotel reservations under the U.S. 

Department of Transportation room 

block can be made at 410–528–1234 or 

1–800–233–1234. The meeting room 

will be posted at the hotel on the day 

of workshop. 

The December 7–8, 2005, meeting will 

be held at the Hilton America, 1600 

Lamar Street, Houston, TX 77010. Hotel 

reservations under the U.S. Department 

of Transportation room block can be 

made at 713–739–8000 or 1–800–

4HILTON. The meeting room will be 

posted at the hotel on the day of 

workshop. 

FOR FURTHER INFORMATION CONTACT: 

Blaine Keener, OPS, (202) 366–0970, 

blaine.keener@dot.gov. 

SUPPLEMENTARY INFORMATION: 

Registration: To register for the 

workshops, select the workshop you 

would like to attend from http:// 

primis.phmsa.dot.gov/meetings/. Hotel 

reservations must be made by contacting 

the hotel directly. 

Web Casting: Both workshops will be 

Web cast and will be available for one 

month after each workshop. The Web 

cast Internet address will be posted to 

the registration Web page prior to the 

workshop. 

Background: The Pipeline Safety 

Improvement Act of 2002 requires 

operators to evaluate and, where 

needed, improve their pipeline safety 

public awareness programs. The Act 

also authorized the Secretary of 

Transportation to prescribe standards to 

govern these programs. Accordingly, 

PHMSA issued a Final Rule (70 FR 

28833) on May 19, 2005, establishing 

requirements for pipeline operator 

public awareness programs. This Final 

Rule revised 49 CFR 192.616 and 

195.440. 

The revised regulations require 

operators of pipeline systems to 

implement public awareness programs 

in accordance with American Petroleum 

Institute (API) Recommended Practice 

(RP) 1162, Public Awareness Programs 

for Pipeline Operators, First Edition, 

December 2003. On June 16, 2005, 

PHMSA issued a Final Rule Correction 

Notice (70 FR 35041) to clarify that all 

pipeline system operators must follow 

the baseline and, where appropriate, the 

supplemental requirements of API RP 

1162. Most operators must enhance 

their public awareness programs to meet 

the new requirements by June 20, 2006. 

Small propane and master meter 

operators have until June 20, 2007, to 

revise their programs. The announced 

workshops will provide additional 

guidance to operators as they revise 

their public awareness programs. 

PHMSA has created a public 

awareness resource Web page at http:// 

primis.phmsa.dot.gov/comm/ 

PublicEducation.htm. 

PHMSA and NAPSR will begin each 

workshop with a brief presentation on 

the Public Awareness Program Final 

Rule and the Final Rule Correction. 

Industry presentations will describe 

efforts industry has undertaken to 

ensure effective and efficient 

compliance with these rules, including 

guidance on how to: 

• Determine the content of public 

awareness messages; 

• Establish delivery methods for 

public awareness messages; 

• Determine supplemental 

enhancements to baseline programs; and 

• Evaluate public awareness program 

effectiveness. 

PHMSA and NAPSR will discuss 

oversight plans. In particular, they will 

discuss current plans to use a central 

clearinghouse approach to review 

public awareness programs. Finally, 

PHMSA will respond to frequently 

asked questions. 

PHMSA will post agendas for the 

workshops on its Web site (http:// 

phmsa.dot.gov/) approximately two 

weeks prior to the workshop. 

Issued in Washington, DC on October 13, 

2005. 

Stacey L. Gerard, 

Associate Administrator for Pipeline Safety. 

[FR Doc. 05–20867 Filed 10–13–05; 3:40 pm] 

BILLING CODE 4910–60–P 

DEPARTMENT OF TRANSPORTATION 

Surface Transportation Board 

[STB Ex Parte No. 656 (Sub–No. 1)] 

Investigation Into the Practices of the 

National Classification Committee 

AGENCY: Surface Transportation Board. 

ACTION: Request for comments from 

interested persons. 

SUMMARY: The Board is commencing an 

investigation into the practices of the 

National Classification Committee 

(NCC), which administers the motor 

carrier classification system for its 

motor carrier members pursuant to an 

agreement approved by the Board under 

49 U.S.C. 13703. The purpose of this