61154 Federal Register / Vol. 69, No. 199 / Friday, October 15, 2004 / Rules and Regulations 

1See 64 FR 47566; August 31, 1999 (Docket No. 

NHTSA–99–6160) and 65 FR 46628; July 31, 2000 

(Docket No. NHTSA–7648) and 68 FR 38208; June 

27, 2003 (Docket No. NHTSA–15438) for later 

amendments of the rule.

to the Chief Counsel for Advocacy of the 

Small Business Administration.

Federal Communications Commission. 

Marlene H. Dortch, 

Secretary.

Rule Change

■ For the reasons discussed in the 

preamble, the Federal Communications 

Commission is amending 47 CFR part 64 

as follows:

PART 64—MISCELLANEOUS RULES 

RELATING TO COMMON CARRIERS

■ 1. The authority citation for part 64 

continues to read as follows:

Authority: 47 U.S.C. 154, 254(k); secs. 

403(b) (2)(B), (c), Public Law 104–104, 110 

Stat. 56. Interpret or apply 47 U.S.C. 201, 

218, 225, 226, 228, and 254(k) unless 

otherwise noted.

■ 2. Section 64.1504 is amended by 

revising paragraph (c)(2)(vi) to read as 

follows:

§ 64.1504 Restrictions on the use of tollfree numbers.

* * * * *

(c) * * * 

(2) * * * 

(vi) Clearly states that the caller can 

hang up at or before the end of the 

introductory message without incurring 

any charge whatsoever.

* * * * *

[FR Doc. 04–23191 Filed 10–14–04; 8:45 am] 

BILLING CODE 6712–01–P

DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety 

Administration 

49 CFR Part 571 

[Docket No. NHTSA–2003–14711] 

RIN 2127–AI49 

Federal Motor Vehicle Safety 

Standards; Child Restraint Anchorage 

Systems

AGENCY: National Highway Traffic 

Safety Administration (NHTSA), 

Department of Transportation (DOT).

ACTION: Final rule.

SUMMARY: This document makes 

permanent the temporary exclusion 

issued by the agency in an interim final 

rule published on May 8, 2003 to 

exclude funeral coaches (as defined in 

the rule) from the requirements of 

Federal Motor Vehicle Safety Standard 

No. 225, ‘‘Child restraint anchorage 

systems.’’

DATES: This rule is effective November 

15, 2004.

ADDRESSES: Petitions for reconsideration 

should refer to the docket number and 

be submitted to: Administrator, Room 

5220, National Highway Traffic Safety 

Administration, 400 Seventh Street, 

SW., Washington, DC 20590. 

Privacy Act: Anyone is able to search 

the electronic form of all petitions 

received into any of our dockets by the 

name of the individual submitting the 

petition (or signing the petition, if 

submitted on behalf of an association, 

business, labor union, etc.). You may 

review DOT’s complete Privacy Act 

Statement in the Federal Register

published on April 11, 2000 (Volume 

65, Number 70; Pages 19477–78) or you 

may visit http://dms.dot.gov.

FOR FURTHER INFORMATION CONTACT: For 

non-legal questions, Mike Huntley, 

NHTSA Office of Crashworthiness 

Standards, Special Vehicle and Systems 

Division, 400 Seventh St., SW., 

Washington, DC 20590 (telephone 202–

366–0029). For legal questions, Deirdre 

Fujita, NHTSA Office of Chief Counsel, 

400 Seventh St., SW., Washington, DC 

20590 (telephone 202–366–2992).

SUPPLEMENTARY INFORMATION: 

I. Background 

On March 5, 1999, NHTSA published 

a final rule establishing a new Federal 

motor vehicle safety standard that 

required motor vehicle manufacturers to 

install child restraint anchorage systems 

that are standardized and independent 

of the vehicle seat belts.1 (64 FR 10786) 

(Docket No. 98–3390, Notice 2) (Federal 

Motor Vehicle Safety Standard (FMVSS) 

No. 225, 49 CFR 571.225.) Each system 

is composed of three anchorages: two 

lower anchorages and one upper 

anchorage. The lower anchorages are 

two 6 millimeter (mm) round steel bars 

fastened to the vehicle 720 mm apart 

and located at the intersection of the 

vehicle seat cushion and seat back. The 

upper anchorage is a permanent 

structure to which the hook of a child 

restraint upper tether may be attached 

for the purpose of transferring load from 

the child restraint to the vehicle 

structure.

II. Petition for Rulemaking From 

Accubuilt on Funeral Coaches 

FMVSS No. 225 requires a vehicle to 

be equipped with tether anchorages in 

front passenger seating positions if (1) 

the vehicle lacks a rear designated 

seating position (see S4.3(b)(3) and 

S4.4(c)), and (2) there is an air bag and 

no air bag on-off switch in the front 

passenger seating position. Accubuilt, a 

final-stage manufacturer of funeral 

coaches, submitted a petition for 

rulemaking requesting NHTSA to 

exclude funeral coaches from the 

requirement. Accubuilt stated that: 

‘‘[s]ince a Funeral Coach is a single 

purpose vehicle, transporting a body 

and casket, children do not ride in the 

front seat.’’

III. Interim Final Rule on Accubuilt 

Request 

On May 8, 2003, NHTSA published 

an interim final rule in the Federal 

Register (68 FR 24644; Docket 14711) 

which temporarily excluded ‘‘funeral 

coaches’’ from the requirements of 

FMVSS No. 225. We limited the 

exclusion to a one-year period, to 

receive and evaluate comments on the 

exclusion and to determine whether to 

make the exclusion permanent. 

We agreed with Accubuilt that it was 

unlikely that a funeral coach that had no 

rear seats would carry children in the 

front seat. We believed that the persons 

riding in the front seat of this type of 

vehicle would be the driver and an 

attendant to the casket, not a child. On 

the other hand, the agency believed that 

it was conceivable that a child may be 

carried in a funeral coach that carried 

passengers in the rear. Thus, the 

exclusion of funeral coaches was 

limited to funeral coaches that had only 

one row of occupant seats (the front 

row). 

To implement this limited exclusion, 

we added a definition of ‘‘funeral 

coach’’ to the standard. Accubuilt had 

stated that a funeral coach is a vehicle 

equipped with heavy duty components 

to handle the additional mass of a body 

and casket, and that manufacturers of 

funeral coaches conform to an industry 

standard that requires ‘‘front and rear 

stops’’ in the interior of the coach to 

keep the casket stationary. Based on the 

above information, we defined ‘‘funeral 

coach’’ as ‘‘a vehicle that contains only 

one row of occupant seats, is designed 

exclusively for transporting a body and 

casket and that is equipped with 

features to secure a casket in place 

during operation of the vehicle.’’

Comments were requested on the 

definition and on the exclusion of 

funeral coaches from FMVSS No. 225. 

IV. Agency Decision 

NHTSA did not receive any 

comments on the document. The agency 

has decided to make permanent the 

exclusion issued in the May 8, 2003 

interim final rule. This amendment 

Federal Register / Vol. 69, No. 199 / Friday, October 15, 2004 / Rules and Regulations 61155

permanently excludes ‘‘funeral 

coaches’’ from the requirements of 

FMVSS No. 225 and adopts a definition 

of that vehicle type for the reasons 

provided in the May 2003 final rule. 

This rulemaking relieves a restriction 

on a group of small manufacturers and 

has no negative safety consequences. 

Accordingly, NHTSA finds for good 

cause that an effective date of less than 

180 days from the date of publication of 

this notice is in the public interest.

V. Rulemaking Analyses and Notices 

Executive Order 12866 (Federal 

Regulation) and DOT Regulatory 

Policies and Procedures 

This rulemaking document was not 

reviewed under E.O. 12866, ‘‘Regulatory 

Planning and Review.’’ The agency has 

considered the impact of this 

rulemaking action under the 

Department of Transportation’s 

regulatory policies and procedures, and 

has determined that it is not 

‘‘significant’’ under them. This 

document amends FMVSS No. 225 to 

exclude funeral coaches from the 

requirements of the standard on a 

permanent basis. There are no 

additional costs associated with this 

final rule. 

Regulatory Flexibility Act 

The Regulatory Flexibility Act of 1980 

(Public Law 96–354), as amended, 

requires agencies to evaluate the 

potential effects of their proposed and 

final rules on small businesses, small 

organizations and small governmental 

jurisdictions. I hereby certify that this 

rule will not have a significant 

economic impact on a substantial 

number of small entities. This final rule 

relieves a restriction on manufacturers 

of funeral coaches and does not impose 

any new obligations or requirements. 

Executive Order 13132 (Federalism) 

NHTSA has analyzed this rule in 

accordance with the principles and 

criteria contained in E.O. 13132, and 

has determined that it does not have 

sufficient federalism implications to 

warrant consultation with State and 

local officials or the preparation of a 

federalism summary impact statement. 

The rule will not have any substantial 

effects on the States, or on the current 

Federal-State relationship, or on the 

current distribution of power and 

responsibilities among the various local 

officials. 

National Environmental Policy Act 

NHTSA has analyzed this rulemaking 

action for the purposes of the National 

Environmental Policy Act. The agency 

has determined that implementation of 

this action will not have any significant 

impact on the quality of the human 

environment. 

Executive Order 12778 (Civil Justice 

Reform) 

This rule will not have any retroactive 

effect. A petition for reconsideration or 

other administrative proceeding will not 

be a prerequisite to an action seeking 

judicial review of this rule. This rule 

will not preempt the states from 

adopting laws or regulations on the 

same subject, except that it will preempt 

a state regulation that is in actual 

conflict with the Federal regulation or 

makes compliance with the Federal 

regulation impossible or interferes with 

the implementation of the Federal 

statute.

List of Subjects in 49 CFR Part 571 

Imports, Incorporation by reference, 

Motor vehicle safety, Reporting and 

recordkeeping requirements, Tires.

■ For the reasons set forth in the 

preamble, NHTSA amends 49 CFR part 

571 as follows:

PART 571—FEDERAL MOTOR 

VEHICLE SAFETY STANDARDS

■ 1. The authority citation for Part 571 

continues to read as follows:

Authority: 49 U.S.C. 322, 30111, 30115, 

30166 and 30177; delegation of authority at 

49 CFR 1.50.

■ 2. In 49 CFR 571.225, S2 and the 

definition of ‘‘funeral coach’’ in S3 are 

republished to read as follows:

§ 571.225 Standard No. 225; Child restraint 

anchorage systems.

* * * * *

S2. Application. This standard 

applies to passenger cars; to trucks and 

multipurpose passenger vehicles with a 

gross vehicle weight rating (GVWR) of 

3,855 kilograms (8,500 pounds) or less; 

and to buses (including school buses) 

with a GVWR of 4,536 kg (10,000 lb) or 

less. This standard does not apply to 

walk-in van-type vehicles, vehicles 

manufactured to be sold exclusively to 

the U.S. Postal Service, shuttle buses, 

and funeral coaches. 

S3. Definitions.

* * * * *

Funeral coach means a vehicle that 

contains only a front row of occupant 

seats, is designed exclusively for 

transporting a body and casket and that 

is equipped with features to secure a 

casket in place during operation of the 

vehicle.

Issued on: October 5, 2004. 

Jeffrey W. Runge, 

Administrator.

[FR Doc. 04–23135 Filed 10–14–04; 8:45 am] 

BILLING CODE 4910–59–P

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric 

Administration

50 CFR Parts 222 and 223

[Docket No.;I.D. 100404B]

RIN 0648–AS79

Sea Turtle Conservation; Shrimp 

Trawling Requirements

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce.

ACTION: Temporary rule.

SUMMARY: NMFS issues this temporary 

authorization for a period of 30 days, to 

allow the use of limited tow times by 

shrimp trawlers as an alternative to the 

use of Turtle Excluder Devices (TEDs) in 

the state waters of Alabama and 

Mississippi, and the state waters of 

Louisiana from the Mississippi/

Louisiana border to a line at 90° 03′ 00′′

West longitude (approximately the west 

end of Grand Isle). This action is 

necessary because excessive debris as a 

result of Hurricane Ivan may affect 

fishermen’s ability to use TEDs 

effectively. When a TED is clogged with 

debris, it can no longer catch shrimp 

effectively nor can it effectively exclude 

turtles.

DATES: Effective from October 12, 2004 

through November 12, 2004.

ADDRESSES: Requests for copies of the 

Environmental Assessment on this 

action should be addressed to the Chief, 

Marine Mammal Species Division, 

Office of Protected Resources, NMFS, 

1315 East-West Highway, Silver Spring, 

MD 20910.

FOR FURTHER INFORMATION CONTACT: Bob 

Hoffman, 727–570–5312, or Barbara A. 

Schroeder, 301–713–1401.

SUPPLEMENTARY INFORMATION:

Background

All sea turtles that occur in U.S. 

waters are listed as either endangered or 

threatened under the Endangered 

Species Act of 1973 (ESA). The Kemp’s 

ridley (Lepidochelys kempii), 

leatherback (Dermochelys coriacea), and 

hawksbill (Eretmochelys imbricata) 

turtles are listed as endangered. The 

loggerhead (Caretta caretta) and green