Federal Register / Vol. 66, No. 30 / Tuesday, February 13, 2001 / Notices 10049

the date specified and remains in effect

for such period as the Secretary of

Transportation determines appropriate

by regulation. Title 49 U.S.C. 13905(c)

grants the Secretary the authority to

amend or revoke a registration at the

registrant’s request. Form OCE–46 is

used by transportation entities to

voluntarily apply for revocation of their

registration in whole or in part. The

form requests the registrant’s docket

number, name and address, and the

reasons for the revocation request.

Respondents: Motor carriers, freight

forwarders, and brokers.

Average Burden per Response: 15

minutes.

Estimated Total Annual Burden: 250

hours (1,000 motor carriers × 15

minutes/60 minutes).

3. Title: Application for Certificate of

Registration for Foreign Motor Carriers

and Foreign Motor Private Carriers

Under 49 U.S.C. 13902(c).

OMB Approval Number: 2126–0019.

Background: Title 49 U.S.C. 13902(c)

sets forth basic licensing procedures for

registering foreign motor carriers to

operate across the border into the

United States. Title 49 CFR 368 sets

forth related regulations. The FMCSA

carries out this registration program

under authority delegated by the

Secretary of Transportation. Foreign

motor carriers use Form OP–2 to apply

for registration with the FMCSA. The

form requests information on the motor

carrier’s location, form of business,

ownership and control, and proposed

operations.

Respondents: Foreign motor carriers.

Average Burden per Response: 2

hours.

Estimated Total Annual Burden:

2,000 hours (1,000 motor carriers × 2

hours).

Authority: The Paperwork Reduction Act

of 1995, 44 U.S.C. Chapter 35, as amended;

and 49 CFR 1.73.

Issued on: February 7, 2001.

Julie Anna Cirillo,

Assistant Administrator and Chief Safety

Officer.

[FR Doc. 01–3633 Filed 2–12–01; 8:45 am]

BILLING CODE 4910–EX–P

DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety

Administration

[Docket No. FMCSA–2000–7645]

Developing and Implementing a LongTerm Strategy and Performance Plan

for Improving Commercial Motor

Vehicle, Operator, and Carrier Safety

AGENCY: Federal Motor Carrier Safety

Administration (FMCSA), DOT.

ACTION: Notice; request for comments.

SUMMARY: To comply with section 104

of the Motor Carrier Safety Improvement

Act of 1999 (MCSIA), the FMCSA

developed a draft long-term strategy and

performance plan for the period

between fiscal years 2002 and 2009.

Both the Congress and the Department

of Transportation have stated long-term

goals for improving commercial motor

vehicle safety. This notice asks for

public comment on the draft long-term

plan. A copy of the plan is available

electronically at http://dmses.dot.gov/

submit by referencing the docket

number at the heading of this document.

It is also available electronically at

http://spp.fmcsa.dot.gov.

DATES: You should submit your

comments to this notice no later than

February 28, 2001. We will consider late

comments if we can within our tight

deadline for action.

ADDRESSES: Mail or hand deliver

comments to the U.S. Department of

Transportation, Dockets Management

Facility, Room PL–401, 400 Seventh

Street, SW., Washington, DC 20590, or

submit electronically at http://

dmses.dot.gov/submit. Please include

the docket number that appears in the

heading of this document. You can

examine and copy comments at the

above address from 9 a.m. to 5 p.m., e.t.,

Monday through Friday, except Federal

Holidays. If you want notification of

receipt of comments, you must include

a self-addressed, stamped postcard or

you may print the acknowledgment

page that appears after submitting

comments electronically.

FOR FURTHER INFORMATION CONTACT: Mr.

Bob Proferes, Chief, Strategic Planning

and Program Evaluation Division, (202)

366–9220, Federal Motor Carrier Safety

Administration (MC–PRS), 400 Seventh

Street, SW., Washington, DC 20590–

0001. Office hours are from 7:30 a.m. to

4 p.m., e.t, Monday through Friday,

except Federal holidays.

SUPPLEMENTARY INFORMATION:

Electronic Access and Filing

You may submit or retrieve comments

online through the Document

Management System (DMS) at: http://

dmses.dot.gov/submit. Acceptable

formats include: MS Word (versions 95

to 97), MS Word for Mac (versions 6 to

8), Rich Text File (RTF), American

Standard Code Information Interchange

(ASCII)(TXT), Portable Document

Format (PDF), and WordPerfect

(versions 7 to 8). The DMS is available

24 hours each day, 365 days each year.

Electronic submission and retrieval help

and guidelines are available under the

help section of the web site. Internet

users also may find this document at

http://spp.fmcsa.dot.gov.

Authority: 49 U.S.C. 322; 49 CFR 1.73.

Dated: February 7, 2001.

Julie Anna Cirillo,

Assistant Administrator and Chief Safety

Officer.

[FR Doc. 01–3631 Filed 2–12–01; 8:45 am]

BILLING CODE 4910–EX–P

DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety

Administration

[Docket No. NHTSA–99–6209; Notice 2]

American Transportation Corp., Partial

Grant and Partial Denial of Application

for Decision of Inconsequential

Noncompliance

American Transportation Corporation

(AmTran) has determined certification

labels on its AmTran buses are not in

full compliance with Federal Motor

Vehicle Safety Standard (FMVSS) No.

120, ‘‘Tire selection and rims for motor

vehicles other than passenger cars,’’ and

49 CFR part 567, ‘‘Certification,’’ and

has filed an appropriate report pursuant

to 49 CFR Part 573, ‘‘Defect and

Noncompliance Reports.’’ AmTran has

also applied to be exempted from the

notification and remedy requirements of

49 U.S.C. Chapter 301—‘‘Motor Vehicle

Safety’’ on the basis that the

noncompliances and the failures to meet

part 567 are inconsequential to motor

vehicle safety.

Notice of receipt of the application

was published, with a 30-day comment

period, on September 27, 1999, in the

Federal Register (64 FR 52118). NHTSA

received no comments.

From October 27, 1991 through

February 11, 1999, AmTran produced

1,514 buses with incorrect certification

labels. AmTran states that the tire

inflation pressure, as it is written on the

certification label required by part 567,

cannot support the weight capacity of

the bus. AmTran has determined that a

majority of the certification labels

specify an inflation pressure that is five

10050 Federal Register / Vol. 66, No. 30 / Tuesday, February 13, 2001 / Notices

to ten pounds below the inflation

pressure that is necessary to support the

weight of the bus when it operates with

a full load of passengers. In addition, a

few certification labels specify an

inflation pressure that is ten to twenty

pounds below the inflation pressure that

is necessary to support the weight of the

bus when it operates at maximum

capacity. However, if the same tires are

inflated to the maximum inflation

pressure that is molded on the sidewall,

then the tires will support the vehicle’s

weight. AmTran, in effect, is asking to

be excused from preparing and sending

corrected certification labels to the

vehicles’ owners.

In addition, the information on the

certification label is required to be

specified in English and metric units.

According to AmTran, all of the

AmTran buses produced prior to

February 11, 1999, have a certification

label that correctly specifies the weight

of the vehicle without identifying it as

‘‘lbs.’’

AmTran supports its application for

inconsequential noncompliance for the

certification label by stating the

following:

• Most buses do not run at full GVWR

or full capacity.

• When buses operate at full capacity,

it is for a very short period of time.

• There have been no tire warranty

claims related to low pressure.

• Most tires are inflated by charts

used at maintenance areas and the

certification document is not used as a

guide.

• The difference between the

specified tire pressure and the required

tire pressure is not a safety issue in this

case.

In addition, AmTran supports its

application for inconsequential

noncompliance for the missing units of

‘‘lbs’’ by stating the following:

• Not aware of any problems created

by the missing unit identification.

• It is understood in the U.S. bus

industry that the GAWR and GVWR are

listed in pounds.

We have reviewed the petitioner’s

arguments. The purpose for the labeling

requirements in FMVSS No. 120 is to

provide the vehicle user with

information for the safe operation of the

vehicle. FMVSS No. 120 paragraph

S5.3.1 specifies that the certification

label on buses include the

recommended cold inflation pressure

for the tires such that the sum of the

load ratings of the tires on each axle is

appropriate for the GAWR. Part 567

specifies the content and location of the

certification label. In this case, no units

of measure were provided.

Of the 1,514 buses, our analysis

indicates that 557 have specified a tire

inflation pressure on the label that is

incorrect and may not be able to handle

the load. Under-inflation and

overloading produces structural failure

in a tire; this could cause loss of control

while the vehicle is traveling on the

highway. This presents a clear and

distinct safety hazard. However, the

remaining 957 buses, based on our

analysis of supplemental data, should

be able to handle the full occupant

capacity loads when the vehicle tires are

inflated to the recommended inflation

pressures.

In consideration of the foregoing,

NHTSA has decided that the applicant

has not met its burden of persuasion

that the noncompliance it describes is

inconsequential to safety for 557 buses.

Accordingly, in regards to the

certification label, its application is

hereby denied for 557 buses and granted

for 957 buses. In addition, the

replacement labels should contain the

correct data in both metric and English

units.

According to AmTran, the processes

have been extensively reviewed, the

causes of these noncompliances have

been isolated, and changes in the

processes have been instituted to

prevent any future occurrences. In

addition, the noncompliance is limited

to the buses addressed in this notice,

and AmTran stated that its future

products will comply with the

prescribed requirements.

The agency agrees with AmTran that

the label on these buses whose only

deficiency is the failure to provide the

marking ‘‘lbs’’ for the units, and a metric

conversion, is likely to achieve the

safety purpose of the required label. The

vehicle user will have the correct safety

information in the prescribed location

and format. Since petitioning the agency

on this subject, AmTran has corrected

its certification label process to include

the prescribed format.

In consideration of the foregoing,

NHTSA has decided that the applicant

has met its burden of persuasion that

this labeling noncompliance portion of

its petition is inconsequential to motor

vehicle safety. Accordingly, we grant its

petition on this issue.

(49 U.S.C. 30118, 30120, delegations of

authority at 49 CFR 1.50 and 501.8)

Issued on February 2, 2001.

Stephen R. Kratzke,

Associate Administrator for Safety

Performance Standards.

[FR Doc. 01–3557 Filed 2–12–01; 8:45 am]

BILLING CODE 4910–59–P

DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety

Administration

[Docket No. NHTSA–2001–8827; Notice 1]

Dan Hill & Associates, Inc.; Application

for Temporary Exemption From

Federal Motor Vehicle Safety Standard

No. 224

We are asking for comments on the

application by Dan Hill & Associates,

Inc. (‘‘Dan Hill’’), of Norman, Oklahoma,

for an exemption of one year from Motor

Vehicle Safety Standard No. 224 Rear

Impact Protection. Dan Hill asserts that

compliance would cause substantial

economic hardship to a manufacturer

that has tried in good faith to comply

with the standard.

We are publishing this notice of

receipt of the application in accordance

with our regulations on the subject. This

action does not mean that we have made

a judgment yet about the merits of the

application.

Dan Hill has been the beneficiary of

temporary exemptions from Standard

No. 224 beginning on January 26, 1998

(see 63 FR 3784 and 64 FR 49047). The

information below is based on material

from Dan Hill’s original and renewal

applications of 1998 and 1999, and its

most recent application of 2000.

Why Dan Hill Says That it Continues To

Need an Exemption

Dan Hill manufactures and sells a

horizontal discharge trailer (‘‘Flow

Boy’’) that is used in the road

construction industry to deliver asphalt

and other road building materials to the

construction site. The Flow Boy is

designed to connect with and latch onto

various paving machines (‘‘pavers’’).

The Flow Boy, with its hydraulically

controlled horizontal discharge system,

discharges hot mix asphalt at a

controlled rate into a paver which

overlays the road surface with asphalt

material.

Standard No. 224 requires, effective

January 26, 1998, that all trailers with a

GVWR of 4536 Kg or more, including

Flow Boy trailers, be fitted with a rear

impact guard that conforms to Standard

No. 223 Rear impact guards. Dan Hill

argued that installation of the rear

impact guard will prevent the Flow Boy

from connecting to the paver. Thus,

Flow Boy trailers will no longer be

functional. Paving contractors will be

forced to use either competitors’

horizontal discharge trailers that comply

with Standard No. 224 or standard

dump body trucks or trailers which,

according to Dan Hill, have inherent

limitations and safety risks. In spite of