64500 Federal Register / Vol. 69, No. 214 / Friday, November 5, 2004 / Rules and Regulations 

written assessment of the costs, benefits 

and other effects of proposed or final 

rules that include a Federal mandate 

likely to result in the expenditure by 

State, local or tribal governments, in the 

aggregate, or by the private sector, of 

more than $109 million annually 

(adjusted for inflation with base year of 

1995). Because this final rule does not 

have a $100 million effect, no Unfunded 

Mandates assessment has been 

prepared. 

G. Executive Order 12778 (Civil Justice 

Reform) 

This final rule does not have any 

retroactive effect. Under section 49 

U.S.C. 30103, whenever a Federal motor 

vehicle safety standard is in effect, a 

state may not adopt or maintain a safety 

standard applicable to the same aspect 

of performance which is not identical to 

the Federal standard, except to the 

extent that the state requirement 

imposes a higher level of performance 

and applies only to vehicles procured 

for the State’s use. 49 U.S.C. 30161 sets 

forth a procedure for judicial review of 

final rules establishing, amending or 

revoking Federal motor vehicle safety 

standards. That section does not require 

submission of a petition for 

reconsideration or other administrative 

proceedings before parties may file suit 

in court. 

H. Paperwork Reduction Act 

Under the Paperwork Reduction Act 

of 1995, a person is not required to 

respond to a collection of information 

by a Federal agency unless the 

collection displays a valid OMB control 

number. This rule does not establish 

any new information collection 

requirements. 

I. Regulation Identifier Number (RIN) 

The Department of Transportation 

assigns a regulation identifier number 

(RIN) to each regulatory action listed in 

the Unified Agenda of Federal 

Regulations. The Regulatory Information 

Service Center publishes the Unified 

Agenda in April and October of each 

year. You may use the RIN contained in 

the heading at the beginning of this 

document to find this action in the 

Unified Agenda. 

J. Executive Order 13045

Executive Order 13045 applies to any 

rule that: (1) Is determined to be 

‘‘economically significant’’ as defined 

under E.O. 12866, and (2) concerns an 

environmental, health or safety risk that 

NHTSA has reason to believe may have 

a disproportionate effect on children. If 

the regulatory action meets both criteria, 

we must evaluate the environmental 

health or safety effects of the planned 

rule on children, and explain why the 

planned regulation is preferable to other 

potentially effective and reasonably 

feasible alternatives considered by us. 

This final rule is not economically 

significant and does not concern an 

environmental health or safety risk that 

disproportionately affects children. 

K. National Technology Transfer and 

Advancement Act 

Section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (NTTAA), Public Law 104–

113, section 12(d) (15 U.S.C. 272) 

directs us to use voluntary consensus 

standards in our regulatory activities 

unless doing so would be inconsistent 

with applicable law or otherwise 

impractical. Voluntary consensus 

standards are technical standards (e.g., 

materials specifications, test methods, 

sampling procedures, and business 

practices) that are developed or adopted 

by voluntary consensus standards 

bodies, such as the Society of 

Automotive Engineers (SAE). The 

NTTAA directs us to provide Congress, 

through OMB, explanations when we 

decide not to use available and 

applicable voluntary consensus 

standards. 

There are no relevant voluntary 

consensus standards available at this 

time. However, we will consider any 

such standards when they become 

available. 

L. Privacy Act 

Anyone is able to search the 

electronic form of all submissions 

received into any of our dockets by the 

name of the individual submitting the 

comment or petition (or signing the 

comment or 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.

List of Subjects in 49 CFR Part 571

Imports, Motor vehicle safety, 

Reporting and recordkeeping 

requirements, Tires.

■ In consideration of the foregoing, 

NHTSA amends 49 CFR Chapter V as 

follows:

PART 571—FEDERAL MOTOR 

VEHICLE SAFETY STANDARDS 

[AMENDED]

■ 1. The authority citation for Part 571 of 

Title 49 continues to read as follows:

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

30117, and 30166; delegation of authority at 

49 CFR 1.50.

■ 2. Section 571.224 is amended by 

revising the definition of ‘‘Special 

purpose vehicle’’ in S4 to read as 

follows:

§ 571.224 Standard No. 224; Rear impact 

protection.

* * * * *

S4. Definitions.

* * * * *

Special purpose vehicle means a 

trailer or semitrailer having workperforming equipment that, while the 

vehicle is in transit, resides in or moves 

through any portion of the cubic area 

extending: 

(1) Vertically from the ground to a 

horizontal plane 660 mm above the 

ground; 

(2) Laterally the full width of the 

trailer, determined by the trailer’s side 

extremities as defined in S4 of this 

section; and 

(3) From the rear extremity of the 

trailer as defined in S4 of this section to 

a transverse vertical plane 305 mm 

forward of the rear extremity of the 

trailer.

* * * * *

Issued on: November 2, 2004. 

Jeffrey W. Runge, 

Administrator.

[FR Doc. 04–24737 Filed 11–4–04; 8:45 am] 

BILLING CODE 4910–59–P

DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety 

Administration 

49 CFR Part 574

[Docket No. NHTSA–2004–19557] 

RIN 2127–AH10

Tire Safety Information; Correction

AGENCY: National Highway Traffic 

Safety Administration (NHTSA), 

Department of Transportation.

ACTION: Final rule; correcting 

amendment. 

SUMMARY: On July 8, 1999, the National 

Highway Traffic Safety Administration 

(NHTSA) published in the Federal 

Register (64 FR 36807), a final rule 

amending the tire identification and 

recordkeeping regulation, which 

requires that each tire be labeled with a 

tire identification number (TIN). In 

amending the TIN requirements, we 

inadvertently removed a provision for 

tires of less than 13 inches bead 

diameter or those of less than 6 inches 

Federal Register / Vol. 69, No. 214 / Friday, November 5, 2004 / Rules and Regulations 64501

1See 64 FR 36807. 2See 49 CFR 574.5 (1998). 3See 64 FR 36807 at 36813. 4See 63 FR 55832 at 55834 (October 19, 1998); 

see also 64 CFR 36807 at 36810. 5See Docket Numbers NHTSA–2004–17917–8 

and NHTSA–2004–17917–9, at http://dms.dot.gov/

search/searchFormSimple.cfm. 6See 69 FR 31306 at 31309 (June 3, 2004).

cross section width. This document 

corrects this inadvertent removal.

DATES: Effective December 6, 2004.

FOR FURTHER INFORMATION CONTACT: Mr. 

George Feygin, Office of Chief Counsel 

(Telephone: 202–366–2992) (Fax: 202–

366–3820), 400 7th, SW., Washington, 

DC 20590.

SUPPLEMENTARY INFORMATION: NHTSA’s 

tire identification and recordkeeping 

regulation requires that new tire 

manufacturers and tire retreaders mark 

their tires with the TIN on at least one 

sidewall. The TIN consists of (a) the 

manufacturer’s or retreader’s 

identification code, (b) the tire size 

symbol, (c) optional tire type code, and 

(d) the date of the manufacture (date 

code). On July 8, 1999, NHTSA 

amended this regulation to require that 

the date code portion of the TIN consist 

of four digits, instead of the previously 

required three digits.1

The change to the TIN requirements 

necessitated that the figure in the 

regulatory text depicting the TIN be 

revised. The old figure contained a 

footnote that allowed a smaller TIN size 

for tires of less than 6 inches cross 

section width and tires of less than 13 

inches bead diameter.2 However, when 

the agency published the July 8, 1999, 

final rule, we inadvertently removed 

this footnote from the new figure.3 The 

inadvertent nature of this removal is 

apparent from the preamble to the 

Notice of Proposed Rulemaking 

preceding the July 8, 1999, final rule, 

and from the preamble to the final rule 

itself. In both documents, NHTSA 

reiterated that § 574.5 permits tires of 

less than 13 inches bead diameter or 

those of less than 6 inches cross section 

width to have the smaller TIN size.4

This error was brought to our attention 

by Japan Automobile Tyre 

Manufacturers Association and 

Goodyear Tire & Rubber Company.5

We note that in a recent document, 

NHTSA indicated that the TIN size 

requirements, adopted for other tires 

subsequent to the July 8, 1999, final 

rule, apply to tires of less than 13 inches 

bead diameter or those of less than 6 

inches cross section width.6 That 

discussion, which was prepared before 

we recognized the error made in the July 

8, 1999, final rule, is inaccurate. The 

new TIN size requirements were not 

intended to apply to tires of less than 13 

inches bead diameter or those of less 

than 6 inches cross section width.

This notice corrects the CFR by 

adding the inadvertently removed 

footnote to 49 CFR 574.5. Instead of 

correcting the figure, the agency is 

adding the contents of the missing 

footnote to the regulatory text after 

Section (d). 

This correction will not impose or 

relax any substantive requirements or 

burdens on manufacturers. Therefore, 

NHTSA finds for good cause that any 

notice and opportunity for comment on 

these correcting amendments are not 

necessary.

List of Subjects in 49 CFR Part 574

Labeling, Motor vehicle safety, 

Reporting and recordkeeping 

requirements, Tires.

■ 49 CFR part 574 is corrected by making 

the following correcting amendment:

PART 574—[CORRECTED]

■ 1. The authority citation continues to 

read as follows:

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

30117, 30166; delegation of authority at CFR 

1.50.

■ 2. Add new paragraph (e) to § 574.5 to 

read as follows:

§ 574.5 Tire identification requirements.

* * * * *

(e) Tire identification number height.

Notwithstanding Figures 1 and 2, each 

character in the tire identification 

number on tires with less than 6 inches 

in cross section width or tires with less 

than 13 inches bead diameter may be 

any size of 5/32 inches (4 mm) or 

greater.

Issued: November 2, 2004. 

Stephen R. Kratzke, 

Associate Administrator for Rulemaking.

[FR Doc. 04–24774 Filed 11–4–04; 8:45 am] 

BILLING CODE 4910–59–P

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric 

Administration

50 CFR Part 660

[Docket No. 040429134–4135–01; I.D. 

102504C]

Fisheries Off West Coast States and in 

the Western Pacific; West Coast 

Salmon Fisheries; Inseason Action #13 

- Adjustments of the Recreational 

Fisheries from the U.S.-Canada Border 

to Cape Falcon, Oregon

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce.

ACTION: Closure and modification of 

fishing seasons; request for comments.

SUMMARY: NMFS announces that the 

recreational salmon fishery in the area 

from the U.S.-Canada Border to Cape 

Alava, WA (Neah Bay Subarea), was 

modified to close at midnight on 

Thursday, September 2, 2004. To allow 

for the Neah Bay Subarea to remain 

open until September 2, 2004, 3,100 

coho were transferred to the Neah Bay 

coho quota on an impact neutral basis 

from the Queets River to Leadbetter 

Point, WA (Westport Subarea) coho 

quota. These actions were necessary to 

conform to the 2004 management goals. 

The intended effect of these actions was 

to allow the fishery to operate within 

the seasons and quotas specified in the 

2004 annual management measures.

DATES: Transfer of quota to the U.S.-

Canada Border to Cape Alava, WA 

effective August 26, 2004; closure for 

the area from the U.S.-Canada Border to 

Cape Alava, WA effective 2359 hours 

local time September 2, 2004; after 

which the fishery will remain closed 

until opened through an additional 

inseason action for the west coast 

salmon fisheries, which will be 

published in the Federal Register, or 

until the effective date of the next 

scheduled open period announced in 

the 2005 annual management measures. 

Comments will be accepted through 

November 22, 2004.

ADDRESSES: Comments on these actions 

must be mailed to D. Robert Lohn, 

Regional Administrator, Northwest 

Region, NMFS, NOAA, 7600 Sand Point 

Way N.E., Bldg. 1, Seattle, WA 98115–

0070; or faxed to 206–526–6376; or Rod 

McInnis, Regional Administrator, 

Southwest Region, NMFS, NOAA, 501 

W. Ocean Blvd., Suite 4200, Long 

Beach, CA 90802–4132; or faxed to 562–

980–4018. Comments can also be 

submitted via e-mail at the 

2004salmonIA13.nwr@noaa.gov

address, or through the internet at the 

Federal eRulemaking Portal: http://

www.regulations.gov. Follow the 

instructions for submitting comments, 

and include [docket number and/or RIN 

number] in the subject line of the 

message. Information relevant to this 

document is available for public review 

during business hours at the Office of 

the Regional Administrator, Northwest 

Region, NMFS.

FOR FURTHER INFORMATION CONTACT:

Christopher Wright, 206–526–6140.

SUPPLEMENTARY INFORMATION: The 

NMFS Regional Administrator (RA) 

adjusted the recreational salmon fishery