21532 Federal Register / Vol. 61, No. 92 / Friday, May 10, 1996 / Notices

1The ICC Termination Act of 1995, Pub. L. No.

104–88, 109 Stat. 803, which was enacted on

December 29, 1995, and took effect on January 1,

1996, abolished the Interstate Commerce

Commission and transferred certain functions to the

Surface Transportation Board (Board). This notice

relates to functions that are subject to Board

jurisdiction pursuant to 49 U.S.C. 10902.

2The mileposts here describe locations on

separate branch lines. Thus, the mileage between

these two points is actually about 1.5 miles, and not

46.1 miles.

(FMVSS) No. 208, Occupant Crash

Protection.

The notice explained that NHTSA had

examined the CMVSS and found that, in

most essential respects, they are

identical to the FMVSS, and that the

most significant difference between the

two sets of standards concerned

occupant protection requirements.

NHTSA noted that CMVSS No. 208,

Occupant Restraint Systems, does not

require a passenger car to be equipped

with automatic restraints, in contrast to

FMVSS No. 208, Occupant Crash

Protection, which requires automatic

restraints in front designated seating

positions for all passenger cars

manufactured on and after September 1,

1989. Owing to this difference, and the

agency’s uncertainty that Canadiancertified vehicles could be retrofitted

with automatic restraint systems,

NHTSA limited its eligibility

determination to passenger cars

manufactured before September 1, 1989,

or those manufactured on or after that

date that are equipped by their original

manufacturer with an automatic

restraint system that complies with

FMVSS No. 208.

The notice observed that in the

absence of a determination by NHTSA

on its own initiative, any manufacturer

or registered importer could petition the

agency to determine whether a vehicle

requiring the installation of an

automatic restraint system to comply

with FMVSS No. 208 was eligible for

importation into the United States. In

the ensuing years, NHTSA has received,

and granted, a number of petitions from

registered importers seeking import

eligibility decisions on vehicles

requiring the installation or replacement

of automatic restraint systems to comply

with FMVSS No. 208. These petitions

were granted on the basis of information

demonstrating that automatic restraints

could be installed in the subject

vehicles without the need for significant

structural modifications that would

render those vehicles incapable of being

readily altered to conform to the

standards, and therefore ineligible for

importation under the criteria specified

in 49 U.S.C. § 30141(a)(1)(A).

Through its monitoring of vehicle

imports, NHTSA has identified the

vehicles listed in the annex to this

notice as ones that have been recently

imported into the United States from

Canada that do not meet the

requirements of FMVSS No. 208

because they lack an automatic restraint

system at both outboard front seating

positions. These vehicles are certified

by their original manufacturers as

complying with all applicable CMVSS.

In order to develop a realistic

enforcement policy concerning these

vehicles, and to determine whether to

allow future importations of similar

vehicles, NHTSA is soliciting comments

through this notice on whether the

vehicles listed in the annex are capable

of being readily altered to comply with

FMVSS No. 208.

Tentative Decisions

Pending its review of any comments

submitted in response to this notice,

NHTSA hereby tentatively decides that

each of the passenger cars listed in the

annex to this notice is substantially

similar to a passenger car originally

manufactured for sale in the United

States, certified under 49 U.S.C.

§ 30115, and of the same model year,

and is capable of being readily altered

to conform to all applicable Federal

motor vehicle safety standards.

Vehicle Eligibility Number

The importer of a vehicle admissible

under any final decision must indicate

on the form HS–7 accompanying entry

the appropriate vehicle eligibility

number indicating that the vehicle is

eligible for entry. If these tentative

decisions are ultimately made final, all

passenger cars listed in the annex to this

notice will be eligible for entry into the

United States under Vehicle Eligibility

No. VSA–1.

Comments

Section 30141(b) of Title 49, U.S.

Code requires NHTSA to provide a

minimum period for public notice and

comment on decisions made on its own

initiative consistent with ensuring

expeditious, but full consideration and

avoiding delay by any person. NHTSA

believes that a minimum comment

period of 30 days is appropriate for this

purpose. Interested persons are invited

to submit comments on the tentative

decisions described above. It is

requested, but not required, that five

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.

Notice of NHTSA’s final decision will

be published in the Federal Register

pursuant to the authority indicated

below.

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

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

at 49 CFR 1.50.

Issued on: May 7, 1996.

Ricardo Martinez,

Administrator.

Annex

Vehicles Covered by Tentative Decision

The following passenger cars,

certified by their original manufacturer

as complying with all applicable

Canadian Motor Vehicle Safety

Standards:

1994 and 1995 Chrysler LeBaron

1994 and 1995 Dodge Spirit

1994 and 1995 Dodge Shadow

1994 and 1995 Dodge Viper

1994 and 1995 Plymouth Acclaim

1994 and 1995 Plymouth Sundance

1995 Mazda Prote ́ge ́

[FR Doc. 96–11786 Filed 5–9–96; 8:45 am]

BILLING CODE 4910–59–P

Surface Transportation Board 1

[STB Finance Docket No. 32879]

Nebraska Central Railroad Company—

Lease and Operation Exemption—

Lines of Union Pacific Railroad

Company

AGENCY: Surface Transportation Board,

DOT.

ACTION: Notice of Exemption.

SUMMARY: The Board, under 49 U.S.C.

10502, exempts from the prior approval

requirements of 49 U.S.C. 10902 the

lease and operation by Nebraska Central

Railroad Company of three branch lines

of Union Pacific Railroad Company

consisting of: (1) a line of railroad

extending from milepost 83.3 to

milepost 80.0 (approximately 3.3 miles);

(2) a line of railroad extending from

milepost 46.1 to milepost 43.44

(approximately 2.7 miles); and (3) the

Norfolk Branch extending from milepost

0.0 to milepost 46.1 (approximately 1.5

miles),2 in Norfolk, NE.

DATES: This exemption is effective on

May 10, 1996. Petitions to stay must be

filed by May 16, 1996. Petitions to

reopen must be filed by June 3, 1996.

ADDRESSES: Send pleadings, referring to

STB Finance Docket No. 32879, to: (1)

Surface Transportation Board, Office of

the Secretary, Case Control Branch,
Federal Register / Vol. 61, No. 92 / Friday, May 10, 1996 / Notices 21533

1201 Constitution Avenue, N.W.,

Washington, DC 20423; and (2) Robert

A. Wimbish, Suite 420, 1920 N Street,

N.W., Washington, DC 20036.

FOR FURTHER INFORMATION CONTACT:

Beryl Gordon, (202) 927–7513. [TDD for

the hearing impaired: (202) 927–5721.]

SUPPLEMENTARY INFORMATION:

Additional information is contained in

the Board’s decision. To purchase a

copy of the full decision, write to, call,

or pick up in person from: DC News &

Data, Inc., Room 2229, 1201

Constitution Avenue, N.W.,

Washington, DC 20423. Telephone:

(202) 289–4357/4359. [Assistance for

the hearing impaired is available

through TDD services (202) 927–5721.]

Decided: April 22, 1996.

By the Board, Chairman Morgan, Vice

Chairman Simmons, and Commissioner

Owen.

Vernon A. Williams,

Secretary.

[FR Doc. 96–11741 Filed 5–9–96; 8:45 am]

BILLING CODE 4915–00–P

DEPARTMENT OF THE TREASURY

[Treasury Directive Number 12–70]

Delegation of Authority of Functions

and Establishment of Responsibilities

Relating to the Institute of American

Indian Arts

May 3, 1996.

1. Purpose. This Directive delegates

authority and establishes

responsibilities for functions relating to

the Institute of American Indian and

Alaska Native Culture and Arts

Development’s (referred to as the

‘‘Institute of American Indian Arts’’ or

the ‘‘Institute’’) two trust funds: the

Program Enhancement Endowment and

the Capital Improvement Endowment.

2. Scope. This Directive applies to the

Office of the Assistant Secretary for

Management & CFO, Office of Inspector

General (OIG), Office of the

Commissioner of Internal Revenue

(IRS), Office of the Commissioner,

Financial Management Service (FMS),

and Office of the Deputy CFO.

3. Background. Treasury Order (TO)

102–11 delegates the authority vested in

the Secretary of the Treasury by 20

U.S.C. 4425 for the Institute of

American Indian and Alaska Native

Culture and Arts Development to the

Assistant Secretary for Management &

CFO and to the Inspector General.

a. The Institute, a Governmentcontrolled corporation and not an

agency of the United States, was

established by Congress in October 1986

by Public Law (Pub. L.) 99–498. It

submits an annual report to Congress,

submits its budget directly to Congress,

and receives appropriations (20 U.S.C.

4451) to meet normal operating

expenses. It is designated as its own

certifying agency for funds appropriated

to it (20 U.S.C. 4451)(a)(4)). Pub. L. 101–

644, 104 Stat. 4669, dated November 29,

1990, enacted an amended 20 U.S.C.

4425, ‘‘Endowment Programs,’’

expanding the role of the Secretary of

the Treasury in the Institute. This

amendment established the Program

Enhancement Endowment and the

Capital Improvement Endowment trust

funds. Statutory amendments (Pub. L.

101–644, Title V, § 505, dated November

29, 1990) and 20 U.S.C. 4416(f) further

established a Federal matching

contribution for private contributions to

the trust funds, such that the Program

Enhancement Endowment and the

Capital Improvement Endowment may

accept, in addition to cash

contributions, ‘‘noncash, in-kind

contributions of real or personal

property’’ which may be converted to

cash. Federal matching contributions

are limited by the annual appropriation

for matching purposes.

b. The statute requires the Secretary of

the Treasury to:

(1) establish procedures for appraisal

of noncash donations to the Institute;

(2) transfer to the Institute funds

constituting the Federal capital

contribution to the Program

Enhancement and Capital Endowment

trust funds established by § 4425(a) and

§ 4416(f) equal to the amount the

Institute demonstrates it has received as

private contributions (either cash or

noncash). It is Treasury’s responsibility

to establish appropriate procedures

concerning cash contributions and how

the Institute will ‘‘demonstrate’’ receipt;

and

(3) review and approve the governing

provisions of the trust funds established

under § 4425, including the

recordkeeping requirements, as will

allow for the Secretary of the Treasury

to audit and monitor the activities of the

trust funds covered in 20 U.S.C.

4425(c)(3).

4. Delegations. The authority

delegated to the Assistant Secretary for

Management & CFO by TO 102–11 is

redelegated as follows.

a. The Deputy CFO is delegated the

authority contained in 20 U.S.C. 4425 to

perform the functions vested in the

Secretary by that section, as redelegated

under TO 102–11, subject to the

delegations in paragraphs 4.b. and 4.c.

b. The Commissioner of Internal

Revenue is delegated the authority to:

(1) amend the procedures for

appraising contributions to the Institute

established in accordance with 20

U.S.C. 4425(a)(3); and

(2) assist the General Services

Administration (GSA) in reviewing such

appraisals.

c. The Commissioner, Financial

Management Service, is delegated the

authority to:

(1) establish and maintain necessary

Government account symbols for the

Institute’s appropriated amounts;

(2) make payment transfers of Federal

funds to the Institute pursuant to, and

in accordance with, the provisions of 20

U.S.C. 4451, 4425(a)(4) and (b)(5); and

(3) complete all necessary Federal

transfer and reporting forms related to

the Institute’s appropriated amounts.

5. Responsibilities.

a. The Inspector General (IG) shall

perform an annual financial statement

audit of the Program Enhancement

Endowment and the Capital

Improvement Endowment trust funds.

The IG shall conduct these audits inhouse or through a contractual

arrangement.

b. The Deputy CFO shall:

(1) review and ensure that the

recordkeeping procedures for the trust

funds, the Program Enhancement

Endowment and the Capital

Improvement Endowment, are adequate

to protect the financial interest of the

United States for the:

(a) investment of Federal funds

received by the trust funds; and

(b) expenditure of accumulated

interest for the trust funds; and

(2) monitor the activities of the trust

funds by reviewing the quarterly

unaudited financial statements for the

trust funds.

c. The Commissioner of Internal

Revenue shall perform the duties stated

in paragraph 4.b. and as specified in the

Memorandum of Understanding (MOU)

dated February 3, 1995, between GSA,

the Institute and the Department of the

Treasury.

d. The Commissioner, Financial

Management Service, shall perform the

duties stated in paragraph 4.c. and as

specified in the MOU dated February 3,

1995, between GSA, the Institute and

the Department of the Treasury.

6. Authorities.

a. TO 102–11, ‘‘Delegation—Institute

of American Indian Arts,’’ dated March

17, 1992.

b. 20 U.S.C. 4425, ‘‘Endowment

Programs.’’

c. 20 U.S.C. 4451, ‘‘Authorization of

Appropriations.’’

d. 20 U.S.C. 4416(f), ‘‘Applicability’’

7. Cancellation. Treasury Directive

12–70, ‘‘Delegation of Authority of