Federal Register / Vol. 70, No. 68 / Monday, April 11, 2005 / Notices 18459

DEPARTMENT OF TRANSPORTATION 10 (March 26, 1991) to supplement S4.2 by Seventh Street, SW., Washington, DC. It the addition of S4.2.1 and S4.2.2 that did is requested, but not required, that two National Highway Traffic Safety permit an emergency operation system to be copies of the comments be provided. Administration located behind an opaque cover that could The Docket Section is open on only be removed via the use of a tool. The [Docket No. NHTSA–2005–20782; Notice 1] use of the emergency operation system weekdays from 10 am to 5 pm except allows the removal of the ignition key when Federal holidays. Comments may be Porsche Cars North America, Inc., the transmission is not in ‘‘Park.’’ The submitted electronically by logging onto Receipt of Petition for Decision of emergency operation system would also the Docket Management System Web Inconsequential Noncompliance permit moving the shift lever out of ‘‘Park’’ site at http://dms.dot.gov. Click on position after removal of the ignition key. ‘‘Help’’ to obtain instructions for filing Dr. Ing. h.c.F Porsche AG has The use of the emergency operation system the document electronically. Comments determined that certain vehicles that it was dependent upon the steering system may be faxed to 1–202–493–2251, or manufactured for model years 2003, being locked whenever the ignition key is may be submitted to the Federal 2004 and 2005 do not comply with removed. Some manufacturers again filed petitions eRulemaking Portal: go to http:// S4.2.2(a) of 49 CFR 571.114, Federal www.regulations.gov. Follow the online Motor Vehicle Safety Standard (FMVSS) for reconsideration to the Notice 10 amendment which the agency responded [to] instructions for submitting comments. No. 114, ‘‘Theft protection.’’ On behalf in Notice 11 (January 17, 1992). Notice 11 The petition, supporting materials, of Dr. Ing. h.c.F Porsche AG, Porsche amended S4.2.2(a) to permit ignition key and all comments received before the Cars North America, Inc. (Porsche) has removal even if the transmission were not in close of business on the closing date filed an appropriate report pursuant to ‘‘Park’’ if there is an electrical failure of the indicated below will be filed and will be 49 CFR part 573, ‘‘Defect and vehicle without activation of the emergency considered. All comments and Noncompliance Reports.’’ operating system. When the vehicle’s supporting materials received after the Pursuant to 49 U.S.C. 30118(d) and electrical system was behaving normally, closing date will also be filed and will removal of the ignition key in transmission 30120(h), Porsche has petitioned for an be considered to the extent possible. exemption from the notification and positions other than ‘‘Park’’ would only be permissible via the emergency operation When the petition is granted or denied, remedy requirements of 49 U.S.C. system. Ignition key removal in transmission notice of the decision will be published Chapter 301 on the basis that this shift positions other than ‘‘Park’’ required, as in the Federal Register pursuant to the noncompliance is inconsequential to before, that the steering system would lock. authority indicated below. motor vehicle safety. The requirement that the steering be locked Comment closing date: (30 days after This notice of receipt of Porsche’s when the ignition key is removed was Publication Date). petition is published under 49 U.S.C. debated in both Notice 10 and 11 ‘‘to ensure 30118 and 30120 and does not represent that Standard No. 114’s theft protection Authority: (49 U.S.C. 30118, 30120: aspects are not jeopardized.’’ Nothing in the delegations of authority at CFR 1.50 and any agency decision or other exercise of 501.8) judgment concerning the merits of the record indicates that this requirement was petition. based on a need to prevent personal or Issued on: April 5, 2005. property damage. Approximately 28,949 model year Ronald L. Medford, 2003, 2004, and 2005 Porsche Cayenne, Porsche states that it believes the Senior Associate Administrator for Vehicle Cayenne S and Cayenne Turbo vehicles noncompliance is inconsequential to Safety. are affected. S4.2.2(a) of FMVSS No. 114 motor vehicle safety because the [FR Doc. 05–7198 Filed 4–8–05; 8:45 am] requires that steering lock function when the vehicle BILLING CODE 4910–59–P is without electrical power and the * * * provided that steering is prevented upon the key’s removal, each vehicle * * * ignition key is removed has no safety [which has an automatic transmission with a implication because the vehicle is DEPARTMENT OF TRANSPORTATION ‘‘park’’ position] may permit key removal immobilized. Porsche explains: when electrical failure of this [key-locking] Pipeline and Hazardous Materials In the Cayenne models at issue here the Safety Administration system * * * occurs or may have a device removal of the ignition key using the which, when activated, permits key removal. emergency operation system is a vehicle [Docket No. PHMSA–05–20920] In the affected vehicles, the steering security function to prevent the vehicle from does not lock when the ignition key is being driven by simply jump-starting the Pipeline Safety: Meeting on Pipeline removed from the ignition switch using vehicle, due to the fact that the vehicle is Repairs and Permitting equipped with an immobilizer that prevents the optionally provided device that starting of the vehicle without the AGENCY: Office of Pipeline Safety (OPS), permits key removal in the event of electronically coded ignition key. The key- Pipeline and Hazardous Materials Safety electrical system failure or when the code is recorded in the engine control Administration (PHMSA), DOT. transmission is not in the ‘‘park’’ module and cannot be electrically bypassed. ACTION: Notice of meeting position. Interested persons are invited to Porsche believes that the submit written data, views, and SUMMARY: On May 6, 2005, OPS will noncompliance is inconsequential to arguments on the petition described hold a meeting to discuss pipeline motor vehicle safety and that no above. Comments must refer to the repairs and permitting. This meeting corrective action is warranted. Porsche docket and notice number cited at the provides the pipeline industry an states the following in its petition: beginning of this notice and be opportunity to share its experience with The ignition key/transmission interlock submitted by any of the following making pipeline repairs and obtaining requirements of S4.2 were promulgated in methods. Mail: Docket Management permits. Docket 1–21 (Notice 9 published in May 30, Facility, U.S. Department of ADDRESSES: The May 6, 2005, meeting 1990). In that notice there was no provision for an emergency operation system to permit Transportation, Nassif Building, Room will be held at the Hyatt Regency Reston ignition key removal when the transmission PL–401, 400 Seventh Street, SW., Hotel, 1800 Presidents Street, Reston, is not in ‘‘Park’’ position. In response to Washington, DC, 20590–0001. Hand VA 20190. The telephone number to call several automobile manufacturer petitions for Delivery: Room PL–401 on the plaza for reservations at the Hyatt Regency reconsideration, the agency published Notice level of the Nassif Building, 400 Reston Hotel is (703) 925–8225. The

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particular meeting room will be posted Permit Streamlining process, repair criteria, and the agency by the hotel the day of the meeting. Section 16 of the PSIA directed permitting process. During the FOR FURTHER INFORMATION CONTACT: Federal agencies with responsibility discussion on the repair process, and in Mike Khayata, OPS, (404) 832–1155 or over pipeline repairs to participate in an exploring ways to streamline the permit Rita Freeman-Kelly, OPS (202) 366– Interagency Committee (IAC) and enter process, OPS would like participants to 5443 about the subject matter in this into a Memorandum of Understanding share the type of experience they have notice. (MOU) to provide a coordinated and had with the repair process, e.g., expedited pipeline repair permit review pipeline assessment, excavations, and SUPPLEMENTARY INFORMATION: process. In 2003, the IAC was nature of repairs. For the repair criteria, Integrity Management Program established to implement a coordinated OPS would like participants to describe environmental review and permitting their experience with factors that allow The nation’s existing pipeline process that allows pipeline repairs to them to meet or prevent them from infrastructure requires regular safety be completed within the timeframes meeting the repair criteria defined in the and environmental reviews to ensure its specified in 49 CFR parts 192 and 195. gas or hazardous liquid IMP regulations. reliability and safety. To further The IAC, organized by the Council on OPS would also like participants to strengthen safety of the pipeline Environmental Quality (CEQ) (which share their experience with the Federal infrastructure and following pipeline oversees and assists all IAC member permitting process, such as the type of ruptures in Bellingham, Washington, Federal agencies with their efforts to permits requested, and the average time and Carlsbad, New Mexico, OPS expedite their review of permits), it takes to obtain permits. developed the integrity management includes representatives of Federal The agenda for this meeting will program (IMP) requirements. OPS include a discussion on: agencies with responsibilities for • amended 49 CFR part 195 to require pipeline repair projects. In June 2004, Repair Process operators of pipelines transporting • Repair Criteria participating Federal agencies signed • hazardous liquid pipeline facilities to the MOU on ‘‘Coordination of Agency Permitting Process OPS plans to establish a docket and ensure the integrity of pipeline Environmental Reviews for Pipeline place the record of the meeting in the segments that, in the event of a leak or Repair Projects.’’ The MOU identifies docket (http://www.dms.gov). Interested rupture, could impact High the roles and responsibilities of each persons may also submit their views to Consequence Areas (HCAs), which are party, thereby improving the permitting the docket following the meeting. populated areas, areas unusually process coordination. In signing this sensitive to environmental damage, and MOU, the IAC intends to expedite the Authority: 49 U.S.C. 60102 and 60133. commercially navigable waterways. As environmental permit process while Issued in Washington, DC on April 6, 2005. part of the IMP requirements operators maintaining safety, pubic health, and must (1) identify HCAs relevant to their Theodore L. Willke, environmental protections. The IAC Deputy Associate Administrator for Pipeline pipelines; (2) systematically identify therefore recognizes that early planning, risks to those segments of pipelines that Safety. notice, and consultation among pipeline [FR Doc. 05–7267 Filed 4–6–05; 3:46 pm] could affect HCAs; and (3) address those operators and various Federal agencies BILLING CODE 4910–60–P risks through specified methods. can result in timely decisions enabling While OPS was developing the gas critical repair actions to move forward IMP requirements, Congress passed the within the context of resource DEPARTMENT OF THE TREASURY Pipeline Safety Improvement Act of conservation. 2002 (PSIA), (Pub. L. 107–355; codified During the June 2004 Oversight Fiscal Service at 49 U.S.C. 60101 et seq.). The PSIA Hearing on Pipeline Safety, CEQ mandated that PHMSA (formerly the Chairman James Connaughton identified Surety Companies Acceptable on Research and Special Programs four initiatives that the IAC would Federal Bonds: Companion Property Administration) adopt regulations for explore to improve the permit and Casualty Insurance Company gas integrity management. The streamlining process: (1) Early regulations addressing gas integrity consultation and coordination to AGENCY: Financial Management Service, management programs are addressed in minimize impacts on energy supply and Fiscal Service, Department of the 49 CFR part 192, subpart O. price; (2) consolidation of existing Treasury. Both the liquid and gas IMP permitting processes; and (3) adoption ACTION: Notice. requirements establish a timetable for of best practices for repairs and the initial inspection and periodic re- consideration of categorical exclusions SUMMARY: This is Supplement No. 10 to inspection of pipelines. Pipeline defects under the National Environmental the Treasury Department Circular 570; are categorized according to detailed Policy Act; and (4) identification of 2004 Revision, published July 1, 2004, IMP criteria, with specific repair actions instances where permit delays, specific at 69 FR 40224. and timeframes for each, depending on issues, and additional authorizations FOR FURTHER INFORMATION CONTACT: the severity of the defect. OPS designed prevent time-sensitive repairs under Surety Bond Branch at (202) 874–6850. its approach to achieve greater safety by current regulations. Improving the SUPPLEMENTARY INFORMATION: A establishing performance-based process will help ensure that timely Certificate of Authority as an acceptable requirements that allow operators to decisions are made to enable pipeline surety on Federal bonds is hereby determine the most appropriate repairs to occur within the time periods issued to the following Company under inspection processes and technologies specified by 49 CFR Parts 192 and 195, 31 U.S.C. 9304 to 9308. Federal bond- to use in their integrity management while ensuring the environmental approving officers should annotate their programs. review and permitting responsibilities reference copies of the Treasury Circular Operators now have some experience of participating Federal agencies are 570, 2004 Revision, on page 40233 to with IMP and have expressed concerns achieved. reflect this addition: Company Name: to OPS about their ability to make During the meeting, OPS would like Companion Property and Casualty repairs within the required timeframes. participants to discuss the repair Insurance Company. Business Address:

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