Federal Register / Vol. 60, No. 50 / Wednesday, March 15, 1995 / Notices 14053

DENIAL, February 16, 1995,

Exemption No. 6028

Docket No.: 28077

Petitioner: Evan Joseph Farrow (through

his mother, Mrs. Pamela Farrow)

Sections of the FAR Affected: 14 CFR

121.311(b)

Description of Relief Sought/

Disposition: To permit Evan to be

held on his caregiver’s lap, rather than

being secured in an approved child

restraint device or in an individual

seat with a seatbelt, while aboard an

aircraft even though he has reached

his second birthday. GRANT,

February 14, 1995, Exemption No.

6027

Docket No.: 28099

Petitioner: Delta Air Lines, Inc.

Sections of the FAR Affected: 14 CFR

25.791(a) and 121.317(a)

Description of Relief Sought/

Disposition: To allow Delta to operate

MD–90 aircraft with the ‘‘No

Smoking’’ signs hardwired in the ON

position. GRANT, March 1, 1995,

Exemption No. 6034

[FR Doc. 95–6401 Filed 3–14–95; 8:45 am]

BILLING CODE 4910–13–M

National Highway Traffic Safety

Administration

[Docket No. 95–17; Notice 1]

Notice of Receipt of Petition for

Decision That Nonconforming 1985

Dobson Horse Trailers Are Eligible for

Importation

AGENCY: National Highway Traffic

Safety Administration, DOT

ACTION: Notice of receipt of petition for

decision that nonconforming 1985

Dobson horse trailers are eligible for

importation.

SUMMARY: This notice announces receipt

by the National Highway Traffic Safety

Administration (NHTSA) of a petition

for a decision that a 1985 Dobson horse

trailer that was not originally

manufactured to comply with all

applicable Federal motor vehicle safety

standards is eligible for importation into

the United States because it has safety

features that comply with, or are

capable of being altered to comply with,

all such standards.

DATE: The closing date for comments on

the petition is April 14, 1995.

ADDRESS: Comments should refer to the

docket number and notice number, and

be submitted to: Docket Section, Room

5109, National Highway Traffic Safety

Administration, 400 Seventh Street SW.,

Washington, DC 20590. (Docket hours

are from 9:30 a.m. to 4 p.m.)

FOR FURTHER INFORMATION CONTACT:

Ted Bayler, Office of Vehicle Safety

Compliance, NHTSA (202–366–5306).

SUPPLEMENTARY INFORMATION:

Background

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

(formerly section 108(c)(3)(A)(i)(I) of the

National Traffic and Motor Vehicle

Safety Act (the Act)), a motor vehicle

that was not originally manufactured to

conform to all applicable Federal motor

vehicle safety standards 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 importation into and sale in the

United States, certified under 49 U.S.C.

30115 (formerly section 114 of the Act),

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 Federal motor vehicle safety

standards. Where there is no

substantially similar U.S.-certified

motor vehicle, 49 U.S.C. 30141(a)(1)(B)

(formerly section 108(c)(3)(A)(i)(II) of

the Act, 15 U.S.C. 1397(c)(3)(A)(i)(II))

permits a nonconforming motor vehicle

to be admitted into the United States if

its safety features comply with, or are

capable or being altered to comply with,

all applicable Federal motor vehicle

safety standards based on destructive

test data of 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 an opportunity to

comment on the petition. At the cost of

the 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.

G&K Automotive Conversion, Inc. of

Santa Ana, California (Registered

Importer R–90–007) has petitioned

NHTSA to decide whether 1985 Dobson

horse trailers are eligible for importation

into the United States. The petitioner

contends that this vehicle is eligible for

importation under 49 U.S.C.

30141(a)(1)(B) because it has safety

features that comply with, or are

capable of being altered to comply with,

all applicable Federal motor vehicle

safety standards.

Specifically, the petitioner claims that

the 1985 Dobson horse trailer complies

with Standard No. 119 New Pneumatic

Tires for Vehicles other than Passenger

Cars. Additionally, the petitioner claims

that the vehicle complies with Standard

No. 121 Air Brake Systems in that it

‘‘has drum style brakes at each wheel

set, of a size and capacity sufficient to

meet the standard.’’

The petitioner further contends that

the vehicle is capable of being readily

altered to the meet the following

standards, in the manner indicated:

Standard No. 106 Brake Hoses:

Replacement of all existing brake hose

linings from the front connection to the

pressure modulators and from the

pressure modulators to the wheel brake

assemblies with hose lining that bear

DOT markings and have crimped end

fittings.

Standard No. 108 Lamps, Reflective

Devices, and Associated Equipment: (a)

installation of two yellow illuminated

markers on each side of the vehicle and

on its from end; (b) installation of one

yellow reflector on each side of the

vehicle; (c) installation of one red

illuminated marker on each side of the

vehicle and five red illuminated

markers on its rear end; (d) installation

of one red reflector marker on each side

of the vehicle and two red reflector

markers on its rear end; (e) installation

of one strip of 50mm (Grade DOT–C2)

white/red retroreflective sheeting on

each side of the vehicle and on its rear

end; (f) installation of two strips of

50mm (Grade DOT–C2) white

retroreflective sheeting on the vehicle’s

rear end; (g) installation of one white

license plate lamp on the vehicle’s rear

and: (h) installation of two red taillamp/

stoplamp/turn indicators on the

vehicle’s rear end.

Standard No. 115 Vehicle

Identification Number: Installation of a

VIN plate.

Standard No. 120 Tire Selection and

Rims for Motor Vehicles other than

Passenger Cars: Installation of a tire

information placard.

Interested person are invited to

submit comments on the petition

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, DC 20590. It is requested

but not required that 10 copies be

submitted.

All comments received before the

close of business on the closing date

indicated above will be considered, and

will be available for examination in the

docket at the above address both before

and after that date. To the extent

possible, comments filed after the

closing date will also be considered.
14054 Federal Register / Vol. 60, No. 50 / Wednesday, March 15, 1995 / Notices

Notice of final action on the petition

will be published in the Federal

Register pursuant to the authority

indicated below.

Authority: 49 U.S.C. 30141 (a)(1)(B) and

(b)(1); 49 CFR 593.8; delegations of authority

at 49 CFR 1.50 and 501.8.

Issued on March 9, 1995.

Harry Thompson,

Acting Director, Office of Vehicle Safety

Compliance.

[FR Doc. 95–6362 Filed 3–14–95; 8:45 am]

BILLING CODE 4910–59–M

UNITED STATES SENTENCING

COMMISSION

Sentencing Guidelines for United

States Courts

AGENCY: United States Sentencing

Commission.

ACTION: Notice and request for public

comment regarding proposed

amendments to sentencing guidelines,

policy statements, and commentary.

SUMMARY: The Commission is

considering promulgating amendments

to the sentencing guidelines, policy

statements, and commentary. A

synopsis of issues to be addressed is set

forth below. The Commission may

report amendments to the Congress on

or before May 1, 1995. Comment is

sought on all proposals, alternative

proposals, and any other aspect of the

sentencing guidelines, policy

statements, and commentary relating to

the issues below.

DATES: Public comment should be

received by the Commission no later

than April 10, 1995, to be considered by

the Commission in the promulgation of

amendments due to the Congress by

May 1, 1995.

ADDRESSES: Public comment should be

sent to: United States Sentencing

Commission, One Columbus Circle, NE.,

Suite 2–500, South Lobby, Washington,

DC 20002–8002, Attention: Public

Information.

FOR FURTHER INFORMATION CONTACT:

Michael Courlander, Public Information

Specialist, Telephone: (202) 273–4590.

SUPPLEMENTARY INFORMATION: The

United States Sentencing Commission is

an independent agency in the judicial

branch of the United States

Government. The Commission is

empowered under 28 U.S.C. 994(a) to

promulgate sentencing guidelines and

policy statements for federal sentencing

courts. The statute further directs the

Commission to review and revise

periodically guidelines previously

promulgated and authorizes it to submit

guideline amendments to the Congress

no later than the first day of May each

year. See 28 U.S.C. 994 (o), (p).

Ordinarily, the Administrative

Procedure Act rulemaking requirements

are inapplicable to judicial agencies;

however, 28 U.S.C. 994(x) makes the

Administrative Procedure Act rulemaking provisions of 5 U.S.C. 553

applicable to the promulgation of

sentencing guidelines by the

Commission.

Section 1B1.10 of the United States

Sentencing Commission Guidelines

Manual sets forth the Commission’s

policy statement regarding retroactivity

of amended guideline ranges. Comment

is requested as to whether any of the

proposed amendments should be made

retroactive under this policy statement.

With the exception of proposed

amendment and issue for comment 4,

the issues below are derived specifically

from the Commission’s Special Report

to Congress: Cocaine and Federal

Sentencing Policy, submitted to

Congress on February 28, 1995. In

addition to requesting comment on

these issues, the Commission invites

suggestions for specific amendment

language. Publication of an issue for

comment reflects only the Commission’s

determination that the issue is worthy of

public comment by interested groups

and individuals. Publication should not

be regarded as an indication that the

Commission or any individual

Commissioner has formed a view on the

merits of the issue.

Authority. 28 U.S.C. 994 (a), (o), (p), (x).

Richard P. Conaboy,

Chairman.

1. Issue for Comment

On February 28, 1995, the

Commission issued a special report to

Congress on cocaine and federal

sentencing policy. The report

recommended that changes be made to

the current cocaine sentencing

guidelines, including changes to the

100-to-1 quantity ratio between powder

cocaine and crack cocaine used in

determining sentences. The report

indicated that the Commission will

investigate the feasibility of creating

new guideline enhancements and

amending current enhancements to

address more fully and fairly the harms

associated with cocaine offenses

generally and, specifically, the added

harms associated with crack cocaine

offenses. Based on these new

enhancements, the Commission intends

to make appropriate adjustments in the

guideline quantity ratio.

The Commission requests comment

regarding implementation of the

recommendations in the report.

Specifically, the Commission requests

comment on the appropriateness of

adding specific offense characteristics to

§ 2D1.1 to enhance sentences for

violence and other harms associated

with some crack and powder cocaine

offenses as well as some other drug

offenses. In addition, the Commission

seeks comment on the usefulness of

adding or amending commentary and

policy statements regarding possible

departures to take account of the

increased harms associated with some

cocaine offenses. For example, how

should the social harm associated with

‘‘crack houses’’ or other establishments

where drugs are sold and consumed be

taken into account? The Commission

previously has requested commentary

on what quantity ratio should be

substituted for the current 100-to-1

ratio.

In addition, the Commission seeks

comment on the timing and scope of

guideline amendments for cocaine

offenses. For example, if the

Commission proceeds with guideline

amendments for cocaine offenses in this

amendment cycle, should the

amendments apply to drug offenses

generally or only to cocaine offenses? If

new enhancements (e.g., for use of a

firearm and victim injury) are made

generally applicable to drug offenses,

are other changes in the drug guidelines

necessary (e.g., in the relative emphasis

on drug quantity)? Should any of these

changes be made retroactive to cases

previously sentenced, and if so, how

might this process best be

accomplished?

A number of amendment proposals

and issues for comment relating to drug

sentencing policy were set forth in the

Federal Register of January 9, 1995. See

60 FR 2430. Additional issues for

comment raised by the Special Report

on Cocaine Sentencing are set forth

below.

2. Issue for Comment

In light of the Commission’s report to

Congress on cocaine and federal

sentencing policy and its

recommendations regarding sentences

for those convicted of simple possession

of crack cocaine, the Commission

requests comment on whether and how

it should amend § 2D2.1 for offenses

involving the simple possession of crack

cocaine.

3. Issue for Comment

The Commission invites comment as

to whether the enhancements for drug

offenses involving underage or pregnant

individuals, which are now included in