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Federal Register/Vol. 74, No. 182/Tuesday, September 22, 2009

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Federal Register/Vol. 74, No. 182/Tuesday, September 22, 2009 Federal Register / Vol. 74, No. 182 / Tuesday, September 22, 2009 / Notices 48345 for 2 years unless revoked earlier by By the Board, Chairman Elliott, Vice Floor, Room W12–140, 1200 New Jersey FMCSA. The exemption will be revoked Chairman Nottingham, and Commissioner Avenue, SE., Washington, DC 20590. Mulvey. if: (1) The person fails to comply with • Hand Delivery or Courier: U.S. Jeffrey Herzig, the terms and conditions of the Department of Transportation, West exemption; (2) the exemption has Clearance Clerk. Building Ground Floor, Room W12–140, resulted in a lower level of safety than [FR Doc. E9–22743 Filed 9–21–09; 8:45 am] 1200 New Jersey Avenue, SE., was maintained before it was granted; or BILLING CODE 4915–01–P Washington, DC, between 9 a.m. and 5 (3) continuation of the exemption would p.m. ET, Monday through Friday, except not be consistent with the goals and Federal holidays. objectives of 49 U.S.C. 31136 and 31315. DEPARTMENT OF TRANSPORTATION If the exemption is still effective at the • Fax: (202) 493–2251. end of the 2-year period, the person may National Highway Traffic Safety Instructions: All submissions must apply to FMCSA for a renewal under Administration include the agency name and docket procedures in effect at that time. number. Note that all comments [Docket No. NHTSA–2009–0157] Larry W. Minor, received will be posted without change Associate Administrator for Policy and Automobili Lamborghini SpA; Receipt to http://www.regulations.gov, including Program Development. of Application for Extension of any personal information provided. [FR Doc. E9–22768 Filed 9–21–09; 8:45 am] Temporary Exemption From Advanced Privacy Act: Anyone is able to search BILLING CODE 4910–EX–P Air Bag Requirements of FMVSS No. the electronic form of all comments 208 received into any of our dockets by the name of the individual submitting the DEPARTMENT OF TRANSPORTATION AGENCY: National Highway Traffic comment (or signing the comment, if Safety Administration (NHTSA), submitted on behalf of an association, Surface Transportation Board Department of Transportation (DOT). business, labor union, etc.). You may [STB Ex Parte No. 290 (Sub-No. 5) (2009– ACTION: Notice of receipt of petition for review DOT’s complete Privacy Act 4)] extension of a Temporary Exemption Statement in the Federal Register from certain provisions of Federal Motor published on April 11, 2000 (65 FR Quarterly Rail Cost Adjustment Factor Vehicle Safety Standard (FMVSS) No. 19477–78). 208, Occupant Crash Protection. AGENCY: Surface Transportation Board. Docket: For access to the docket in ACTION: Approval of rail cost adjustment SUMMARY: In accordance with the order to read background documents or factor. procedures of 49 CFR Part 555, comments received, go to http:// Automobili Lamborghini SpA www.regulations.gov at any time, or to SUMMARY: The Board has approved the (‘‘Lamborghini’’) has applied for an M–30, West Building Ground Floor, fourth quarter 2009 rail cost adjustment extension of a previously received Room W12–140, 1200 New Jersey factor (RCAF) and cost index filed by temporary exemption from certain Avenue, SE., Washington, DC 20950, the Association of American Railroads. requirements of FMVSS No. 208, between 9 a.m. and 5 p.m. ET, Monday The fourth quarter 2009 RCAF Occupant Crash Protection, for the through Friday, except Federal holidays. (Unadjusted) is 0.996. The fourth Lamborghini Murcielago model. quarter 2009 RCAF (Adjusted) is 0.450. Confidential Business Information: If Lamborghini requests extension of its The fourth quarter 2009 RCAF–5 is you wish to submit any information temporary exemption for the advanced 0.427. under a claim of confidentiality, you air bag requirements. The basis of the should submit three copies of your DATES: Effective Date: October 1, 2009. application is that compliance would complete submission, including the FOR FURTHER INFORMATION CONTACT: cause substantial economic hardship to information you claim to be confidential Pedro Ramirez, (202) 245–0333. [Federal a manufacturer that has tried in good business information, to the Chief Information Relay Service (FIRS) for the faith to comply with the standard. Counsel, NHTSA, at the address given hearing impaired: 1–800–877–8339.] NHTSA is publishing this notice of under FOR FURTHER INFORMATION SUPPLEMENTARY INFORMATION: receipt of the application in accordance CONTACT. In addition, you should Additional information is contained in with the requirements of 49 U.S.C. submit two copies, from which you the Board’s decision, which is available 30113(b)(2), and has made no judgment have deleted the claimed confidential on our Web site, http://www.stb.dot.gov. on the merits of the application. business information, to Docket Copies of the decision may be DATES: You should submit your Management at the address given above. purchased by contacting the Office of comments not later than October 22, When you send a comment containing Public Assistance, Governmental 2009. information claimed to be confidential Affairs, and Compliance at (202) 245– Comments: We invite you to submit business information, you should 0235. Assistance for the hearing comments on the application described include a cover letter setting forth the impaired is available through FIRS at below. You may submit comments information specified in our 1–800–877–8339. identified by docket number in the confidential business information This action will not significantly heading of this notice by any of the regulation (49 CFR Part 512). affect either the quality of the human following methods: FOR FURTHER INFORMATION CONTACT: environment or energy conservation. • Federal eRulemaking Portal: Go to Sarah Alves, Office of the Chief Pursuant to 5 U.S.C. 605(b), we http://www.regulations.gov. Follow the Counsel, NCC–112, National Highway conclude that our action will not have instructions for submitting comments Traffic Safety Administration, 1200 New a significant economic impact on a on the electronic docket site by clicking Jersey Avenue, SE., Washington, DC substantial number of small entities on ‘‘Help’’ or ‘‘FAQ.’’ 20590. Phone: 202–366–2992; Fax: 202– within the meaning of the Regulatory • Mail: DOT Docket Management 366–3820; E-Mail: [email protected]. Flexibility Act. Facility, M–30, U.S. Department of Decided: September 15, 2009. Transportation, West Building Ground SUPPLEMENTARY INFORMATION: VerDate Nov<24>2008 21:23 Sep 21, 2009 Jkt 217001 PO 00000 Frm 00125 Fmt 4703 Sfmt 4703 E:\FR\FM\22SEN1.SGM 22SEN1 sroberts on DSKD5P82C1PROD with NOTICES 48346 Federal Register / Vol. 74, No. 182 / Tuesday, September 22, 2009 / Notices I. Advanced Air Bag Requirements and II. Overview of Petition for Economic IV. Petition Small Volume Manufacturers Hardship Exemption Background. A manufacturer is In 2000, NHTSA upgraded the In accordance with 49 U.S.C. 30113 eligible to apply for a hardship requirements for air bags in passenger and the procedures in 49 CFR Part 555, exemption if its total motor vehicle cars and light trucks, requiring what are Lamborghini has petitioned the agency production in its most recent year of commonly known as ‘‘advanced air for an extension of a temporary production does not exceed 10,000, as 1 bags.’’ The upgrade was designed to exemption from certain requirements of determined by the NHTSA meet the goals of improving protection FMVSS No. 208. The basis for the Administrator (15 U.S.C. 1410(d)(1)). for occupants of all sizes, belted and application is that compliance would Lamborghini manufactured 2,580 unbelted, in moderate-to-high-speed cause substantial economic hardship to automobiles in 2007 and estimated a crashes, and of minimizing the risks a manufacturer that has tried in good total production of 2,450 automobiles in posed by air bags to infants, children, faith to comply with the standard. The 2008, and 2,500 automobiles in 2009. and other occupants, especially in low- requested exemption would apply to the Lamborghini has gone through a number speed crashes. Lamborghini Murcielago model and of owners over the last four decades. The advanced air bag requirements would extend the original exemption for The current owner of Lamborghini is the were a culmination of a comprehensive a period of 18 months beginning on German automobile manufacturer Audi, plan that the agency announced in 1996 September 1, 2009, ending on February but Lamborghini stated in its petition to address the adverse effects of air bags. 28, 2011. The requested extension that its relationship with Audi is ‘‘arms This plan also included an extensive would apply to certain advanced air bag length’’ and that Lamborghini operates consumer education program to requirements, specifically the independently. In a September 2006 notice granting encourage the placement of children in requirements in S14.5.2, S15, S17, S19, Lamborghini’s original exemption, rear seats. The new requirements were S21, S23, and S25. A copy of the NHTSA concluded that Lamborghini phased in beginning with the 2004 petition 2 is available for review and has was eligible to apply for a temporary model year. been placed in the docket of this notice. Small volume manufacturers were not exemption and that Audi was not a subject to the advanced air bag III. Statutory Background for Economic manufacturer of Lamborghini vehicles requirements until September 1, 2006, Hardship Exemption by virtue of being a ‘‘sponsor.’’ The but their efforts to bring their respective agency explained: A manufacturer is eligible to apply for vehicles into compliance with these Lamborghini S.p.A. is 100% owned by requirements began several years earlier. a hardship exemption if its total motor Audi AG (which, in turn is 99.1% owned by However, because the new requirements vehicle production in its most recent Volkswagen AG). We have concluded that were challenging, major air bag year of production did not exceed Lamborghini is eligible to apply for a suppliers concentrated their efforts on 10,000 vehicles, as determined by the temporary exemption based on the following working with large volume NHTSA Administrator (49 U.S.C.
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