Federal Register / Vol. 72, No. 242 / Tuesday, December 18, 2007 / Notices 71735 

owner manuals contain the correct 

information required for advanced 

airbags, and that it has no record of 

customers contacting the company with 

inquiries, complaints, or comments with 

regard to air bag warning labels. 

NHTSA Decision 

The following explains our rationale. 

NHTSA agrees with Bentley that the 

noncompliance is inconsequential to 

motor vehicle safety. The noncompliant 

labels lack a statement that the vehicle 

is equipped with advanced airbags. 

However, both the passenger air bag 

telltale lamp and the owner’s manual 

indicate the presence of advanced 

airbags. 

The noncompliant sun visor label 

contains all of the specific warnings 

required on the compliant label: Death 

or serious injury can occur; the back 

seat is the safest place for children; 

never put a rear-facing child seat in the 

front; and always use seat belts and 

child restraints. The noncompliant label 

also warns occupants to sit as far back 

as possible from the air bag. The 

noncompliant label lacks the 

recommendation to see the owner’s 

manual for more information about air 

bags. Because the noncompliant 

permanent sun visor label contains 

virtually the same information as 

required by S4.5.1(b)(3), the absence of 

this reference to the owner’s manual 

and the lack of a reference to ‘‘advanced 

air bags’’ do not constitute a 

consequential safety issue. 

The noncompliant removable dash 

label contains similar information to 

that required by S4.5.1(e)(3): Children 

can be killed or seriously injured by the 

air bag; the back seat is the safest place 

for children; always use seat belts or 

child restraints. However, the 

noncompliant dash label does not 

contain the statement, ‘‘Never put a 

rear-facing child seat in the front’’, or 

the recommendation to see the owner’s 

manual for more information about air 

bags. This label is a removable label that 

most likely will not stay on the vehicle 

once it is purchased. The statement, 

‘‘Never put a rear-facing child seat in 

the front’’ is present on the permanent 

sun visor label and visible to the vehicle 

user. As discussed above with regard to 

the sun visor label, the lack of the 

references to advanced air bags and the 

owner’s manual are not consequential in 

light of the presence of the critical 

warning on the dash label. Therefore, 

NHTSA agrees with Bentley’s 

assessment that this noncompliance will 

not result in any consequential safety 

risk. 

In consideration of the foregoing, 

NHTSA has decided that Bentley has 

met its burden of persuasion that the 

labeling noncompliance described is 

inconsequential to motor vehicle safety. 

Accordingly, Bentley’s petition is 

granted and the petitioner is exempted 

from the obligation of providing 

notification of, and a remedy for, the 

noncompliance. 

Authority: 49 U.S.C. 30118, 30120; 

delegations of authority at 49 CFR 1.50 and 

501.8. 

Issued on: December 12, 2007. 

Daniel C. Smith, 

Associate Administrator for Enforcement. 

[FR Doc. E7–24443 Filed 12–17–07; 8:45 am] 

BILLING CODE 4910–59–P 

DEPARTMENT OF TRANSPORTATION 

Pipeline and Hazardous Materials 

Safety Administration 

Office of Hazardous Materials Safety; 

Notice of Application for Special 

Permits 

AGENCY: Pipeline and Hazardous 

Materials Safety Administration 

(PHMSA), DOT. 

ACTION: List of Applications for Special 

Permits. 

SUMMARY: In accordance with the 

procedures governing the application 

for, and the processing of, special 

permits from the Department of 

Transportation’s Hazardous Material 

Regulations (49 CFR part 107, subpart 

B), notice is hereby given that the Office 

of Hazardous Materials Safety has 

received the application described 

herein. Each mode of transportation for 

which a particular special permit 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—Passengercarrying aircraft. 

DATES: Comments must be received on 

or before January 17, 2008. 

Address Comments To: Record 

Center, Pipeline and Hazardous 

Materials Safety 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 special permit number. 

FOR FURTHER INFORMATION CONTACT: 

Copies of the applications are available 

for inspection in the Records Center, 

East Building, PHH–30, 1200 New 

Jersey Avenue Southeast, Washington, 

DC or at http://dms.dot.gov. 

This notice of receipt of applications 

for special permit is published in 

accordance with Part 107 of the Federal 

hazardous materials transportation law 

(49 U.S.C. 5117(b); 49 CFR 1.53(b)). 

Issued in Washington, DC, on December 

12, 2007. 

Delmer F. Billings, 

Director, Office of Hazardous Materials, 

Special Permits and Approvals. 

NEW SPECIAL PERMITS

Application 

No. Docket No. Applicant Regulation(s) affected Nature of special permits thereof 

14613–N ....... ......................... Valero St. Charles, Norco, LA ....... 49 CFR Subpart C of 

Part 172.

To authorize the transportation in commerce of 

certain hazardous materials without shipping 

paper documentation when transported 

across public roads within the Valero facility. 

(mode 1) 

14614–N ....... ......................... Great Lakes Chemicals Corporation, West Lafayette, IN.49 CFR ........................ To authorize the transportation in commerce of 

non-DOT specification cylinders manufactured in the U.S. for export with valving and 

relief device requirements of the country that 

the cylinders will be exported to for use in 

transporting various compressed gases. 

(modes 1, 3) 


yshivers on PROD1PC62 with NOTICES
71736 Federal Register / Vol. 72, No. 242 / Tuesday, December 18, 2007 / Notices 

NEW SPECIAL PERMITS—Continued 

Application 

No. Docket No. Applicant Regulation(s) affected Nature of special permits thereof 

14615–N ....... ......................... SET Environmental Inc., Houston, 

TX.

49 CFR 173.244 ......... To authorize the one-time, one-way transportation in commerce of three irregularly 

shaped sodium dispersion vessels in alternative packaging. (mode 1) 

14616–N ....... ......................... Chlorine Service Company, 

Kingwood, TX.

49 CFR 178.245–1(a) To authorize the manufacture, marking, sale 

and use of certain DOT Specification 51 

steel portable tanks or UN steel portable 

tanks conforming with Section VIII, Division 

2 of the ASME Code instead of Section VIII, 

Division 1, for the transportation in commerce of Division 2.1 and 2.2 materials. 

(modes 1, 2, 3) 

14617–N ....... ......................... Western International Gas & Cylinders, Inc., Bellville, TX.49 CFR 172.203(a), 

172.301(c), 

180.205(f)(4), 

180.205(g), 

180.209(a).

To authorize the transportation in commerce of 

certain compressed gases in DOT specification 3A and 3AA cylinders when retested by 

100 percent ultrasonic examination and external visual inspection in lieu of internal visual inspection and the hydrostatic retest. 

(modes 1, 2, 3, 4, 5) 

14618–N ....... ......................... Carrier Transicold, Athens, GA ...... 49 CFR 

177.834(1)(2)(i).

To authorize the use cargo heaters in a motor 

vehicle when transporting flammable liquids 

or flammable gases in commerce. (mode 1) 

14619–N ....... ......................... EXEA Corporation, Dallas, TX ....... 49 CFR 179.13 ........... To authorize the transportation in commerce of 

DOT Specification 105S100W tank cars 

having a maximum gross weight on rail of 

286,000 pounds. (mode 2) 

14620–N ....... ......................... Air Products and Chemicals, Inc., 

Allentown, PA.

49 CFR 177.834(h) ..... To authorize filling and discharging of a DOT 

Specification 4L cylinder with certain Division 2.2 compressed gases without removal 

from the transport vehicle. (mode 1) 

14621–N ....... ......................... Beijing Tianhai Industry Co., Ltd., 

Beijing.

49 CFR 173.302a and 

180.205.

To authorize the manufacture, mark, sale, and 

use of non-DOT specification fully wrapped 

carbon-fiber reinforced aluminum lined cylinders. (modes 1, 2, 3, 4, 5) 

14622–N ....... ......................... Occidental Chemical Corporation, 

Dallas, TX.

49 CFR 179.15(e) ....... To authorize the transportation in commerce of 

certain DOT specification 105J500W tank 

cars containing Chlorine that do not meet 

the start-to-discharge requirements for pressure relief devices. (mode 2) 

14623–N ....... ......................... Formulated Solutions, Clearwater, 

FL.

49 CFR 

173.306(a)(3)(v).

To authorize the manufacture, marking, sale 

and use of a bag-on-valve container for the 

transportation of non-flammable aerosols 

which have been tested by an alternative 

method in lieu of the hot water bath test. 

(modes 1, 2, 3, 4, 5) 

[FR Doc. 07–6078 Filed 12–17–07; 8:45 am] 

BILLING CODE 4909–60–M 

DEPARTMENT OF TRANSPORTATION 

Pipeline and Hazardous Materials 

Safety Administration 

Office of Hazardous Materials Safety; 

Notice of Applications for Modification 

of Special Permit 

AGENCY: Pipeline and Hazardous 

Materials Safety Administration 

(PHMSA), DOT. 

ACTION: List of Applications for 

Modification of Special Permit. 

SUMMARY: In accordance with the 

procedures governing the application 

for, and the processing of, special 

permits from the Department of 

Transportation’s Hazardous Material 

Regulations (49 CFR Part 107, Subpart 

B), notice is hereby given that the Office 

of Hazardous Materials Safety has 

received the application 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. Request of 

modifications of special permits (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’’ demote a 

modification request. There applications 

have been separated from the new 

application for special permits to 

facilitate processing. 

DATES: Comments must be received on 

or before January 2, 2008. 

ADDRESSES: Address Comments to: 

Record Center, Pipeline and Hazardous 

Materials Safety 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 special permit number. 

FOR FURTHER INFORMATION CONTACT: 

Copies of the applications are available 

for inspection in the Records Center, 


yshivers on PROD1PC62 with NOTICES