13752 Federal Register / Vol. 60, No. 49 / Tuesday, March 14, 1995 / Notices

BS–AP—No. 3349

Applicant: Consolidated Rail

Corporation, Mr. J. F. Noffsinger, Chief

Engineer—C&S, 2001 Market Street,

P.O. Box 41410, Philadelphia,

Pennsylvania 19101–1410.

The Consolidated Rail Corporation

seeks approval of the proposed

modification of the automatic block

signal system, on the two main tracks,

between Scioto Interlocking, milepost

132.1 and Bannon Interlocking,

milepost 137.6, near Columbus, Ohio,

Western Branch, Indianapolis Division;

consisting of the discontinuance and

removal of automatic signals 1321,

1332, 1351, 1352, 1361, and 1362, and

the relocation of automatic signals 1341

and 1342, 350 feet north of milepost

135.

The reason given for the proposed

changes is to retire facilities no longer

required for present operation and

improve braking distance.

Any interested party desiring to

protest the granting of an application

shall set forth specifically the grounds

upon which the protest is made, and

contain a concise statement of the

interest of the protestant in the

proceeding. The original and two copies

of the protest shall be filed with the

Associate Administrator for Safety,

FRA, 400 Seventh Street, S.W.,

Washington, D.C. 20590 within 45

calendar days of the date of issuance of

this notice. Additionally, one copy of

the protest shall be furnished to the

applicant at the address listed above.

FRA expects to be able to determine

these matters without oral hearing.

However, if a specific request for an oral

hearing is accompanied by a showing

that the party is unable to adequately

present his or her position by written

statements, an application may be set

for public hearing.

Issued in Washington, D.C. on March 8,

1995.

Phil Olekszyk,

Acting Deputy Associate Administrator for

Safety Compliance and Program

Implementation.

[FR Doc. 95–6223 Filed 3–13–95; 8:45 am]

BILLING CODE 4910–06–P

National Highway Traffic Safety

Administration

[Docket No. EA92–041; Notice 4]

General Motors Pickup Truck Defect

Investigation

AGENCY: National Highway Traffic

Safety Administration (NHTSA), DOT

ACTION: Notice of closing of

investigation.

SUMMARY: The purpose of this Notice is

to announce that Engineering Analysis

(EA) 92–041 has been closed in

accordance with the settlement

agreement between the United States

Department of Transportation and

General Motors Corporation, dated

March 7, 1995 (Attachment A).

Secretary of Transportation Federico

Pen ̃ a announced the parties’ initial

agreement to settle the matter and

explained the basis for this

Departmental decision in a statement

issued December 2, 1994, which is

available as an attachment to the March

9, 1995 memorandum to the public file

for EA92–041 announcing the closing of

that investigation. For procedural

reasons, the October 17, 1994 initial

decision that the C/K pickup trucks

subject to EA92–041 contain a defect

related to motor vehicle safety is

vacated.

FOR FURTHER INFORMATION CONTACT:

Ellen Berlin, Director, Office of Public

and Consumer Affairs, NHTSA, 400

Seventh Street, SW., Washington, DC

20590; (202) 366–9550.

Authority: 49 U.S.C. 30118; delegations of

authority at 49 CFR 1.50(a) and 501.8(g).

Issued on: March 9, 1995.

William A. Boehly,

Associate Administrator for Safety

Assurance.

Attachment A—Settlement Agreement

Between the United States Department

of Transportation and General Motors

Corporation

March 7, 1995.

Settlement Agreement

Whereas, the National Highway

Traffic Safety Administration (NHTSA),

an agency of the United States

Department of Transportation (DOT),

conducted an investigation (EA92–041)

into an alleged defect related to motor

vehicle safety of model year 1970–1991

full-sized General Motors Corporation

(GM) pickup trucks and cab-chassis

equipped with fuel tanks mounted

outboard of the frame rails (C/K pickup

trucks); and

Whereas, on October 17, 1994,

Secretary of Transportation Federico

Pen ̃ a announced his initial decision that

the C/K pickup trucks contain a defect

related to motor vehicle safety; and

Whereas, no final decision had been

made by the Secretary of Transportation

as to whether the C/K pickup trucks

contain a defect related to motor vehicle

safety; and

Whereas, DOT and GM each

determined that the settlement of the

above-referenced investigation, as

memorialized in a letter agreement

dated December 2, 1994, is in the public

interest and best furthers their mutual

interest in motor vehicle safety; and

Whereas, DOT and GM agree that this

settlement will avoid time-consuming,

costly litigation of a complex matter that

raises difficult factual and legal issues;

and instead offers an opportunity for

meaningful cooperation between

government and industry to

significantly enhance the safety of the

driving public;

Now therefore, the Department of

Transportation and General Motors

Corporation hereby agree to the

following settlement of this matter:

I. Terms and Conditions

A. Enhance Federal Motor Vehicle

Safety Standard (FMVSS) No. 301

1. GM and DOT will support

enhancement of the current standard

regarding fuel system integrity, FMVSS

301, through a public rulemaking

process.

a. GM will support the development

by DOT, on an expedited basis, of a

revised standard that best simulates the

real-world crash conditions that result

in post-crash fires.

b. GM agrees that the current FMVSS

301 standard should be enhanced to

meet today’s high pressure fuel system

designs and in today’s traffic

environment to provide higher levels of

occupant protection from post-crash

fires.

c. It is envisioned that the revised

standard would employ a more

representative impacting device than

the current standard, would involve

higher test speeds (approximately 40

m.p.h.) than the current standard, and

would include separate tests of the

integrity of fuel system components in

addition to full vehicle tests at different

impact locations.

2. GM agrees that its support will take

the following form:

a. GM will, to the extent legally

permissible, take an active part in the

rulemaking process.

b. GM will undertake and/or finance

research, including research described

in the other provisions of this

agreement, which will further the

development of an enhanced standard.

c. GM will submit to NHTSA’s

rulemaking docket all research

undertaken or financed in accordance

with the other provisions of this

agreement that support the development

of an enhanced standard.

3. GM and DOT will work together to

improve other Federal motor vehicle

safety standards.

4. None of the provisions in this

section A. shall operate to give GM
Federal Register / Vol. 60, No. 49 / Tuesday, March 14, 1995 / Notices 13753

rights it does not otherwise have under

the Administrative Procedure Act or

under any other provision of law, nor

deny or abridge such rights to any other

person.

B. Fire Safety Research

1. GM will finance motor vehicle fire

safety research, or otherwise contract to

conduct such research. GM agrees to

expend at least $5,000,000 within the

two-year period following the effective

date of this agreement for this activity.

GM will expend at least an additional

$5,000,000 during the subsequent three

years for this activity unless both

NHTSA and GM agree that this activity

should no longer be funded. Research to

be conducted shall include, among

other possible projects: (i) Detailed

accident analysis and development of

new vehicle crash and component level

testing procedures; (ii) testing of

materials that would reduce the risk of

fire; and (iii) development of techniques

for preventing, containing and

extinguishing vehicle fires. The research

projects shall be undertaken in

accordance with paragraph B.2., below.

2. Within 30 days of the effective date

of this agreement, GM and NHTSA

representatives will meet, at which time

GM will provide NHTSA with a

proposal identifying the facilities to be

used and the research projects to be

undertaken during the initial two-year

period of activity. The NHTSA

representatives will promptly review

GM’s proposal and provide

recommendations and comments on it.

The NHTSA and GM representatives

will continue to meet and confer as is

necessary to reach agreement on the

research projects. Thereafter, the

NHTSA and GM representatives will

meet periodically to review the status

and progress of the projects and to

consider any proposed modifications to

those projects.

3. Six months prior to the end of the

initial two-year period of activity, GM

will submit to NHTSA a description of

the projects proposed to be funded

during the subsequent three-year period.

The parties shall then follow the

procedures set forth in paragraph B. 2,

above, in reaching agreement as to the

projects for the subsequent period and

in monitoring such projects.

4. GM will provide NHTSA with such

reports as may reasonably be required

by NHTSA to inform NHTSA of the

status, progress, and results of fire safety

research projects conducted under this

agreement.

5. All research undertaken pursuant

to this provision shall be submitted to

NHTSA and shall be made publicly

available. Neither GM nor any of its

contractors or grantees shall be entitled

to receive or retain any proprietary

interest in such research.

6. DOT will provide, in its discretion

and consistent with applicable law,

available resources to support this

project. Such resources may include,

but are not limited to, project reviews,

research on post-crash fire prevention,

research related to the FMVSS No. 301

rulemaking, public information, and

other similar activities.

C. Public Education

1. GM agrees to expend at least

$11,855,000 within the five-year period

following the effective date of this

agreement in the areas of public

education, as generally described

herein. GM will expend approximately

one-fifth of this amount each year over

the five-year period. GM, with NHTSA’s

concurrence, may alter the rate of

spending if doing so would further the

goals of this section.

2. Funds shall be spent in the

following areas: (i) Support for

enactment, upgrading and/or retention

of state legislation for the enhancement

of driver and vehicle safety including,

for example, administrative license

revocation laws and blood alcohol

content laws (e.g., .08 BAC laws, zero

tolerance laws for youth), and for the

primary enforcement of seat belt laws;

(ii) public information and education

materials (including public service

announcements) on driver and vehicle

safety (e.g., anti-drinking and driving

messages, encouragement of seat belt

usage), particularly in support of

legislative and/or enforcement

campaigns and/or to publicize new or

existing laws, and development and

distribution of special safety awareness

materials for targeted hard-to-reach

populations; and (iii) support of the

Network of Employers for Traffic Safety

(NETS) program and the Techniques for

Effective Alcohol Management (TEAM)

program.

3. All public information and

education materials prepared by, or

under contract to, GM shall be

submitted to NHTSA for its comments

and recommendations prior to their

issuance. GM will provide NHTSA with

a copy of all such finalized materials.

4. Within 30 days of the effective date

of this agreement, GM and NHTSA

representatives will meet, at which time

GM will provide NHTSA with a

proposal for the projects and activities

to be undertaken by GM during the first

year for purposes of satisfying the

requirements of this section. The

NHTSA representatives will promptly

review GM’s proposal and provide

recommendations and comments on it.

The NHTSA and GM representatives

will continue to meet and confer as is

necessary to reach agreement on the

projects or activities to be undertaken or

financed. Thereafter, the NHTSA and

GM representatives will meet

periodically to review the status and

progress of such projects or activities

and to consider any proposed

modifications to them.

5. Sixty days prior to the end of the

first year period of activity, and

thereafter on an annual basis or on such

other basis as GM and NHTSA mutually

shall determine, GM shall submit to

NHTSA a description of the projects and

activities to be undertaken during the

following year or other agreed-upon

time period. The parties shall then

follow the procedures set forth in

paragraph C.4 above in reaching

agreement as to the projects and

activities for the subsequent period and

in monitoring such projects and

activities.

6. GM will provide NHTSA with such

reports as may reasonably be required

by NHTSA to inform NHTSA of the

status, progress, and results of the

projects or activities conducted

pursuant to this section.

7. GM’s commitment to expend these

funds is dependent upon DOT’s direct

or indirect support, through

expenditures, grants to states and/or

other third parties, or otherwise, for

public education programs and

activities at approximately equivalent

levels. If DOT does not provide such

support, GM and DOT will use their

best efforts to discuss, in good faith,

whether and how to redirect GM’s

commitment of expenditures to other

alternative programs furthering motor

vehicle safety to which DOT is

committing funds at equivalent levels.

D. Crash Test Dummy Research and

Development

1. GM agrees to expend at least

$6,500,000 within the five-year period

following the effective date of this

agreement in the area of research into

and development of crash test dummies.

GM will expend approximately one-fifth

of this amount each year of the five-year

period. GM, with NHTSA’s

concurrence, may alter the rate of

spending if doing so would further the

goals of this section.

2. Within 30 days of the effective date

of this agreement, GM and NHTSA

representatives will meet, at which time

GM will provide NHTSA with a

proposal describing the projects and

activities to be undertaken by GM

during the first year for purposes of

satisfying the requirements of this

section. The NHTSA representatives
13754 Federal Register / Vol. 60, No. 49 / Tuesday, March 14, 1995 / Notices

will promptly review GM’s proposal

and provide recommendations and

comments on it. The NHTSA and GM

representatives will continue to meet

and confer as is necessary to reach

agreement on the projects or activities to

be undertaken. Thereafter, the NHTSA

and GM representatives will meet

periodically to review the status and

progress of the projects or activities and

to consider any proposed modifications

to those projects.

3. Sixty days prior to the end of the

first year period of activity, and

thereafter on an annual basis or on such

other basis as GM and NHTSA mutually

shall determine, GM shall submit to

NHTSA a description of the projects and

activities to be undertaken during the

following year or other agreed-upon

time period. The parties shall then

follow the procedures set forth in

paragraph D.2 above in reaching

agreement as to the projects and

activities for the subsequent period and

in monitoring such projects and

activities.

4. GM will provide NHTSA with such

reports as may reasonably be required

by NHTSA to inform NHTSA of the

status, progress, and results of crash

dummy research and development

projects conducted pursuant to this

agreement.

5. All research undertaken pursuant

to this provision shall be submitted to

NHTSA and shall be made publicly

available. Neither GM nor any of its

contractors or grantees shall be entitled

to receive or retain any proprietary

interest in such research.

6. GM’s commitment to expend these

funds is dependent upon DOT

supporting crash dummy research at

approximately equivalent levels. Such

support may include, but is not limited

to grants and contracts, as well as direct

and indirect expenditures, for

biomechanical testing, analytical

modeling, dummy component

development, and accident data

analyses. If DOT does not provide such

support, GM and DOT will use their

best efforts to discuss, in good faith,

whether and how to redirect GM’s

commitment to other alternative

programs furthering motor vehicle

safety to which DOT is committing

funds at equivalent levels.

E. Burn & Trauma Research

1. GM agrees to expend at least

$5,000,000 within the five-year period

following the effective date of this

agreement to further research relating to

the causes and treatment of burns and

trauma. GM shall accomplish this task

by means of donations and/or grants to

one or more institutions with

experience in burn and/or trauma

research. Institutions selected as

recipients of these funds shall use the

funds for specific research projects

designed to advance medical science’s

understanding and treatment of burn or

trauma injuries, particularly those

arising out of motor vehicle accidents.

GM will donate approximately

$1,000,000 each year over the five-year

period to agreed-upon projects. GM,

with NHTSA’s concurrence, may alter

the rate of spending if doing so would

further the goals of this section.

2. Within 60 days of the effective date

of this agreement, GM and NHTSA

representatives will meet, at which time

GM will provide NHTSA with a

proposal identifying the institutions to

be selected and the projects to be

undertaken during the first year for

purposes of satisfying the requirements

of this section. The NHTSA

representatives will promptly review

GM’s proposal and provide

recommendations and comments on it.

The NHTSA and GM representatives

will continue to meet and confer as is

necessary to reach agreement on the

institutions to be selected and the

projects to be undertaken. Thereafter,

the NHTSA and GM representatives will

meet periodically to review the status

and progress of the projects and to

consider any proposed modifications to

those projects.

3. Sixty days prior to the end of the

first year period of activity, and

thereafter on an annual basis or on such

other basis as GM and NHTSA mutually

shall determine, GM shall submit to

NHTSA a description of the projects and

activities to be undertaken during the

following year or other agreed-upon

time period. The parties shall then

follow the procedures set forth in

paragraph E.2 above in reaching

agreement as to the projects for the

subsequent period and in monitoring

such projects.

4. The terms of any donation or grant

shall require appropriate recordkeeping

and reporting obligations, including

progress reports, by the recipient

institutions sufficient to assure NHTSA

and GM that the funds are being

prudently spent for their intended

purposes, and that the objectives of the

research program are being realized.

5. GM shall notify NHTSA of each

donation or grant made by it and shall

provide NHTSA with an annual

summary of its donations under this

provision of the agreement.

6. All research undertaken pursuant

to this provision shall be submitted to

NHTSA and shall be made publicly

available. Neither GM nor any of its

grantees shall be entitled to receive or

retain any proprietary interest in such

research.

F. Computer Modeling

1. GM agrees to expend $2,000,000

within the first year following the

effective date of this agreement in the

area of computer-based design modeling

of accident-related injuries arising from

fire, trauma, and exposure to toxic

substances. GM agrees to expend an

additional $3,000,000 for these purposes

over the subsequent three-year period.

The parties expect that this activity will

assist in the development of more

effective crash test dummies.

2. Within 30 days of the effective date

of this agreement, GM and NHTSA

representatives will meet, at which time

GM will provide NHTSA with a

proposal describing the projects and

activities to be undertaken by GM

during the initial one-year period of

activity for purposes of satisfying the

requirements of this section. The

NHTSA representatives will promptly

review GM’s proposal and provide

recommendations and comments on it.

The NHTSA and GM representatives

will continue to meet and confer as is

necessary to reach agreement on the

projects or activities to be undertaken.

Thereafter, the NHTSA and GM

representatives will meet periodically to

review the status and progress of the

projects or activities and to consider any

proposed modifications to those projects

or activities.

3. Three months prior to the end of

the initial one-year period of activity,

GM will submit to NHTSA a description

of the projects and activities proposed to

be funded during the subsequent threeyear period. The parties shall then

follow the procedures set forth in

paragraph F.2, above, in reaching

agreement as to the projects or activities

for the subsequent period and in

monitoring such projects or activities.

4. GM will provide NHTSA with such

progress reports as may reasonably be

required by NHTSA to inform NHTSA

of the status, progress, and results of

such computer-based design modeling

projects conducted under this

agreement.

5. All research undertaken pursuant

to this provision shall be submitted to

NHTSA and shall be made publicly

available. Neither GM nor any of its

contractors or grantees shall be entitled

to receive or retain any proprietary

interest in such research.

6. GM’s commitment to expend the

$3,000,000 for the latter three-year

period is dependent on DOT, in good

faith, supporting these or similar

activities during the latter three-year

period. DOT support may take the form
Federal Register / Vol. 60, No. 49 / Tuesday, March 14, 1995 / Notices 13755

of, but is not limited to, grants and

contracts, as well as direct and indirect

expenditures, for computer modeling for

side impact and frontal impact

dummies. If DOT does not provide such

support, GM and DOT will use their

best efforts to discuss, in good faith,

whether and how to redirect GM’s

commitment to other alternative

programs furthering motor vehicle

safety to which DOT is committing

funds at equivalent levels.

G. Impairment Research

1. GM agrees to expend at least

$5,000,000 within the five-year period

following the effective date of this

agreement for research into the areas of

driver impairment, including but not

limited to (i) the effects of aging, (ii) the

effects of alcohol, and (iii) the effects of

the use of prescription and other lawful

drugs. GM will expend approximately

one-fifth of this amount each year of the

five-year period. GM, with NHTSA’s

concurrence, may alter the rate of

spending if doing so would further the

goals of this section.

2. Within 30 days of the effective date

of this agreement, GM and NHTSA

representatives will meet, at which time

GM will provide NHTSA with a

proposal describing the projects and

activities to be undertaken by GM

during the first year for purposes of

satisfying the requirements of this

section. The NHTSA representatives

will promptly review GM’s proposal

and provide recommendations and

comments on it. The NHTSA and GM

representatives will continue to meet

and confer as is necessary to reach

agreement on the projects or activities to

be undertaken. Thereafter, the NHTSA

and GM representatives will meet

periodically to review the status and

progress of the projects or activities and

to consider any proposed modifications

to those projects or activities.

3. Sixty days prior to the end of the

first year period of activity, and

thereafter on an annual basis or on such

other basis as GM and NHTSA mutually

shall determine, GM shall submit to

NHTSA a description of the projects and

activities to be undertaken during the

following year or other agreed-upon

time period. The parties shall then

follow the procedures set forth in

paragraph G.2 above in reaching

agreement as to the projects or activities

for the subsequent period and in

monitoring such projects or activities.

4. GM will provide NHTSA with such

reports as may reasonably be required

by NHTSA to inform NHTSA of the

status, progress, and results of driver

impairment research projects conducted

under this agreement.

5. All research undertaken pursuant

to this provision shall be submitted to

NHTSA and shall be made publicly

available. Neither GM nor any of its

contractors or grantees shall be entitled

to receive or retain any proprietary

interest in such research.

6. GM’s commitment to expend these

funds is dependent upon DOT

supporting driver impairment research

at approximately equivalent levels.

Such support may include, but is not

limited to, grants and contracts, as well

as direct and indirect expenditures, for

research, and other activities which

further the development of facilities,

tools or other means to support such

research. If DOT does not provide such

support, GM and DOT will use their

best efforts to discuss, in good faith,

whether and how to redirect GM’s

commitment to other alternative

programs furthering motor vehicle

safety to which DOT is committing

funds at equivalent levels.

H. Child Safety Seats

1. GM agrees to donate to one or more

qualified organizations at least

$4,000,000 for the purchase and

distribution of child safety seats during

the first year following the effective date

of this settlement agreement. GM shall

donate such funds in the approximate

amount of $1,000,000 during each

quarter of that year. GM also agrees to

donate at least $4,000,000 within the

subsequent four years to one or more

qualified organizations for the purchase

and distribution of additional child

safety seats.

2. DOT shall identify, on an ongoing

basis so as to facilitate timely GM

donations, qualified organizations

which DOT in its sole discretion deems

appropriate to receive donations from

GM for the purchase and distribution of

child safety seats. GM, in its sole

discretion, shall select from the list of

qualified organizations provided by

DOT, the organization(s) to which it will

donate funds, and shall decide the exact

amount of funds that each such

organization will receive.

3. In order to be identified by DOT as

a qualified organization, an organization

shall certify to DOT in writing that it

shall: (i) Work, through its state or local

affiliates, with agencies such as

children’s hospitals and health agencies

to identify families who could not

otherwise afford seats or who have

special needs; (ii) have an existing

loaner or give-away child safety seat

program or have staff trained in child

passenger safety issues; (iii) distribute

the seats to low-income families and/or

families with special needs across a

broad geographical area throughout the

United States; (iv) comply with NHTSA

guidelines with respect to the

approximate mix of child safety seats

(e.g., infant, toddler, booster, special

needs); (v) distribute all of the seats

purchased with the funds provided by

GM to the local agencies within 120

days of the receipt of the funds; (vi)

educate recipients of the seats as to

methods of proper installation and use;

(vii) not use more than 10 percent of the

funds provided by GM for

administrative expenses related to

distribution of the seats; (viii) add the

GM-provided funds to the total of its

existing funds spent on the distribution

of child safety seats to low-income

families and not divert any funds

currently budgeted to such activities to

other activities; (ix) allow the activities

conducted pursuant to this provision to

be audited by such third party as

selected by DOT; (x) acknowledge and

agree that such commitments and

promises shall be enforceable; and (xi)

acknowledge and agree that GM does

not assume or bear any responsibility

for the organization’s commitments, the

selection of the safety seats actually

purchased or distributed, or the

education of recipients of the seats as to

proper use.

4. GM’s commitment to donate the

second $4,000,000 of funds during the

subsequent four-year period is

dependent upon DOT’s expenditure of

funds for the development and support

of child safety seat loaner and give-away

programs during that period. If DOT

makes such expenditures, GM shall

donate funds in accordance with this

section at equivalent levels as DOT until

such time as GM’s total $8,000,000

commitment is fulfilled. If DOT does

not make such expenditures, DOT and

GM will use their best efforts to discuss,

in good faith, whether and how to

redirect GM’s commitment to other

alternative programs furthering motor

vehicle safety to which DOT is

committing funds at equivalent levels.

Costs and expenses attributable to

DOT’s efforts in identifying qualified

organizations shall not count as part of

DOT’s expenditure of funds for

purposes of this section.

I. Dismissal of Lawsuit

Within five days after the execution of

this final settlement agreement, GM will

dismiss General Motors Corporation v.

Pen ̃ a, C.A. No. 94–75668 E.D. Mich.

(filed Nov. 17, 1994) by filing a notice

of dismissal in the form attached as

Exhibit A.

J. Pending Investigation

1. Within five days after the execution

of this final settlement agreement, DOT
13756 Federal Register / Vol. 60, No. 49 / Tuesday, March 14, 1995 / Notices

will close its investigation into whether

the GM C/K pickup trucks contain a

defect related to motor vehicle safety

(EA 92–041). DOT will not, in

connection with that investigation, seek

to have GM, either voluntarily or

involuntarily, recall or take other field

action with respect to the C/K pickup

trucks.

2. The initial decision of October 17,

1994, was not a final decision or final

finding of a defect and was subject to

further review by DOT. DOT will not

reach a final decision in this matter as

to whether the GM C/K pickup trucks

contain a defect related to motor vehicle

safety. For procedural reasons, the

initial decision will be vacated within

five days after the execution of this final

settlement agreement. Within five days

after the execution of this agreement,

DOT will publish in the Federal

Register and place in the public file for

EA92–041 a closing memo indicating

DOT’s reasons for entering into this

agreement and containing notice of

vacation of DOT’s initial decision in the

matter.

II. Reporting and Recordkeeping

A. GM will certify its compliance

with the terms and conditions of this

settlement agreement (including

without limitation the requirement that

all expenditures shall be ‘‘new’’ as

defined in section III.E below), shall

maintain such records as are necessary

to demonstrate its compliance, and shall

make such records available as may be

reasonably required by DOT.

B. In addition to the requirements

contained in the above provisions, GM

will provide annual reports to NHTSA

within 30 days following the end of

each one- year period after the effective

date of this agreement, until the terms

of the agreement are satisfied,

describing how GM is meeting its

commitments and obligations under this

agreement. Each annual report shall

contain information relating to the

nature and levels of expenditures for all

projects undertaken pursuant to this

settlement agreement, including the

methodology for computing the value of

GM’s contributions.

C. Upon request, DOT will make

available to GM information to confirm

that DOT has provided support to

certain projects as specified in Part I of

this settlement agreement.

III. General Provisions

A. This agreement contains the entire

agreement between the parties regarding

the subject matter. There are no

promises, agreements, conditions,

undertakings, warranties or

representations oral or written, express

or implied, between them relating to

this subject matter, other than as herein

set forth. This agreement is intended by

the parties to be an integration of all

prior or contemporaneous promises,

agreements, conditions, negotiations

and undertakings between them.

B. This agreement may not be

modified or amended except by an

agreement in writing, signed by the

parties.

C. This settlement agreement, and any

amendments or modifications thereto,

shall conform to and be carried out in

accordance with all applicable laws and

regulations. GM and DOT shall work in

good faith to ensure that any

amendments or modifications reflect

consistency with these principles. If any

portion of this agreement or any

amendment or modification is not

consistent with applicable laws and

regulations, that portion shall be

severable and the parties shall work in

good faith to restructure that portion of

the agreement consistent with the

parties’ original intent. The remainder

of this agreement and any amendment

or modification shall continue to be

binding on the parties.

D. The headings in the agreement are

for convenience only, and shall not

limit or otherwise affect or describe the

scope or intent of any of the terms

hereof or of any particular section

thereof. Any references to ‘‘NHTSA’’ in

this agreement shall mean the National

Highway Traffic Safety Administration

or its successor(s).

E. GM’s financial obligations

hereunder shall represent, in all

instances, new expenditures not

heretofore provided for in any approved

GM budget or otherwise planned (prior

to the execution of the parties’

December 2, 1994 letter agreement) to be

undertaken by GM during the period of

this settlement agreement. Annually

repeated expenditures, e.g., annual

contributions to charities or lobbying

organizations, made or committed to by

GM prior to the execution of the parties’

December 2, 1994, letter agreement,

shall not count as new expenditures

except those portions, if any, of such

expenditures that are over and above

such annually repeated expenditure

amounts.

F. Research reports submitted to

NHTSA by or on behalf of GM and made

publicly available pursuant to this

agreement may, consistent with

applicable law, identify GM as a source

or sponsor of the report by stating that

the report was financed, produced, or

prepared, as applicable, ‘‘by GM

pursuant to an agreement between GM

and the U.S. Department of

Transportation.’’ Public education

materials produced or distributed by a

third party (e.g., lobbying organization,

AD Council, state or local government

agency) pursuant to this agreement

shall, absent legal prohibition to the

contrary, contain a source identification

which identifies such third party as the

source of the materials in question.

Public education materials produced

and distributed directly by GM pursuant

to this agreement may contain a source

identification, assuming no other

appropriate third party source exists,

which states discretely, ‘‘Brought to

you, produced, or sponsored by the U.S.

Department of Transportation and

General Motors Corporation pursuant to

an agreement between the parties.’’

G. For the projects and activities

encompassed by this agreement, GM’s

expenditures may be made, where

appropriate, in the form of a

combination of money, facilities, human

resources, salaries, and other things

directly related to the performance of

such projects and activities and valued

according to generally accepted

accounting principles. However, GM’s

expenditures may not include general

and administrative expenses attributable

to GM corporate activities not directly

related to the projects and activities

conducted under this agreement; nor

may GM’s expenditures include indirect

costs, such as depreciation of facilities

and equipment, amortization of

intangible rights, and insurance of all

types, not directly related to the projects

and activities conducted under this

agreement. Furthermore, costs and

expenses attributed to the development

of GM’s proposals pursuant to

paragraphs B.2, B.3, C.4, C.5, D.2, D.3,

E.2, E.3, F.2, F.3, G.2, and G.3 of Part I

of this settlement agreement shall not be

used by GM to fulfill its financial

commitments.

H. This settlement agreement reflects

the parties’ desire to fully and

completely settle the current

investigation by DOT into an alleged

defect of 1970–91 full-sized GM pickup

trucks. Nonetheless, DOT reserves the

right at any time, based on new

information, to open a new defect

investigation with respect to whether

the GM C/K pickup trucks contain

defect(s) related to motor vehicle safety.

Nothing in this agreement shall nullify

any obligation the Secretary may have

under law to consider new evidence

that was not part of the administrative

record in this case. If a subsequent

defect investigation involving the same

alleged safety defect in the C/K trucks

is opened, any unfulfilled commitments

by GM under this agreement shall

become null and void and GM shall not

be deemed to have waived, by reason of
Federal Register / Vol. 60, No. 49 / Tuesday, March 14, 1995 / Notices 13757

the execution of this agreement, any

defense to or argument against any

action by NHTSA, DOT or the Secretary.

I. The provisions regarding the

redirection of funds, which appear in

paragraphs C.7, D.6, F.6, G.6, and H.4 of

Part I of this agreement, are intended by

GM and DOT to require both parties to

act in good faith to consider alternative

programs of mutual interest in motor

vehicle safety to which the funds may

be redirected and to reflect a strong

presumption that the funds in question

will be redirected to such alternative

programs.

J. In attempting to reach agreement on

the projects or activities to be

undertaken or financed by GM pursuant

to sections C, D, F, and G of Part I of

this agreement, the parties shall meet

and confer in the utmost good faith and

NHTSA shall not unreasonably

withhold its agreement to a GM

proposal that falls within the applicable

description of activities and otherwise

reasonably furthers the goals of the

section in question.

K. All questions with respect to the

construction of this agreement and the

rights and liabilities of the parties shall

be determined in accordance with the

laws of the United States.

L. GM and DOT agree that this

settlement agreement shall constitute a

binding and enforceable contractual

agreement upon GM and DOT and any

successor corporations or agencies. In

the event of a breach of this agreement,

either party may institute a civil action

in the United States District Court for

the District of Columbia to enforce the

terms of this agreement or to seek other

appropriate relief.

M. By entering into this settlement

agreement, neither GM nor DOT

concedes the validity of each other’s

claims or defenses, and nothing in this

settlement agreement shall constitute an

admission by either party concerning its

claims or defenses.

N. This settlement agreement is

entered into solely for the purposes of

settling the matters described herein

and shall not confer any rights or

benefits upon persons who are not

parties to this agreement.

IV. Effective Date

The effective date of this agreement

shall be March 7, 1995.

Agreed to by:

Dated: March 6, 1995.

John F. Smith,

Chief Executive Officer and President,

General Motors Corporation.

Dated: March 7, 1995.

Federico Pen ̃ a,

Secretary, Department of Transportation.

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[FR Doc. 95–6138 Filed 3–10–95; 8:45 am]

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