Federal Register / Vol. 69, No. 246 / Thursday, December 23, 2004 / Rules and Regulations 76865

maritime safety in this busy waterway. 

In this type of environment, harbor 

pilots rely upon clear and effective radio 

communications with tugs to help 

ensure the safe ingress and egress of 

large vessels. The parties assert that 

there is a critical need for an additional 

VHF channel for communications 

between large commercial vessels, 

tankers and other vessels carrying 

hazardous cargoes, and pilots and tugs 

in the Vessel Traffic Service Puget 

Sound (VTS Puget Sound). They note 

that the only frequency dedicated to 

intership communications related to 

port operations, VHF marine Channel 77 

(156.875 MHz), is frequently congested. 

Congestion is intensified by the 

Canadian use of this channel for ship 

movement and docking at Delta Port, 

British Columbia, near the northern 

border of VTS Puget Sound. 

5. The parties submit that VHF marine 

Channel 71, which currently is 

designated for noncommercial intership 

and ship-to-coast use, is a good 

candidate for a port operations channel 

because it carries very little recreational 

traffic, even during the summer months. 

RBAW agrees that recreational vessels 

have sufficient other channels to meet 

their VHF communication needs. 

6. Based on the foregoing, we hereby 

amend the frequency table in § 80.373(f) 

of the Commission’s rules to make VHF 

marine Channel 71 available for 

intership port operations 

communications in Puget Sound, the 

Straits of Juan de Fuca, and the 

approaches thereto. The normal output 

power must not exceed one watt, and 

the maximum output power must not 

exceed ten watts. This action will allow 

more efficient management of vessel 

traffic in the area, thereby increasing 

navigational safety and protecting the 

marine environment in this busy port. 

7. We will permit private coast 

stations currently authorized to operate 

on VHF marine Channel 71 within VTS 

Puget Soundto continue operation until 

the end of their current license term on 

a non-interference basis. NPMRC has 

contacted the owners of these stations, 

and they have agreed to change to 

another appropriate frequency. Bureau 

staff will assist affected licensees in 

finding suitable alternative channels. No 

fee will be charged for affected stations 

that request an alternative channel 

before their next license renewals. 

8. Finally, Puget Sound Pilots also 

request that VHF marine Channel 76 

(156.825 MHz), which recently was 

designated for port operations 

communications, be limited to intership 

communications with pilots regarding 

the movement and docking of ships. 

The Coast Guard, however, did not 

support this request. We agree with the 

Coast Guard and do not believe that it 

is necessary to so limit the use of 

Channel 76. We believe that in 

redesignating Channels 75 (156.775 

MHz) and 76, the Commission (which 

acted after Puget Sound Pilots submitted 

their request to the Coast Guard) 

addressed the needs for additional 

spectrum for navigation-related port 

operation communications. Therefore, 

we will not amend our rules to limit 

such communications. 

Report to Congress 

9. The Commission will send a copy 

of this Order in a report to be sent to 

Congress and the General Accounting 

Office pursuant to the Congressional 

Review Act, see 5 U.S.C. 801(a)(1)(A).

Ordering Clause 

10. Accordingly, it is ordered, that 

pursuant to the authority contained in 

sections 4(i) and 303(r) of the 

Communications Act of 1934, as 

amended, 47 U.S.C. 154(i), 303(r), and 

§ 0.331 of the Commission’s rules, 47 

CFR § 0.331, part 80 of the 

Commission’s rules is amended as set 

forth in Appendix A, effective January 

24, 2005.

List of Subjects in 47 CFR Part 80

Communications equipment, Radio.

Federal Communications Commission 

Ramona Melson, 

Chief of Staff, Public Safety and Critical 

Infrastructure Division.

Final Rule

■ For the reasons discussed in the 

preamble, the Federal Communications 

Commission amends 47 CFR part 80 as 

follows:

PART 80—STATIONS IN THE 

MARITIME SERVICES

■ 1. The authority citation for part 80 

continues to read as follows:

Authority: Sections 4, 303, 307(e), 309 and 

322, 48 Stat. 1066, 1082, as amended; 47 

U.S.C. 154, 303, 307(e), 309 and 322 unless 

otherwise noted. Interpret or apply 48 Stat. 

1064–1068, 1081–1105, as amended; 47 

U.S.C. 151–155, 301–609; 3 UST 3450, 3 UST 

4726, 12 UST 2377.

■ 2. In § 80.373, the noncommercial table 

of paragraph (f) is amended by revising 

the entry for ‘‘71’’ and by adding footnote 

19 to read as follows:

§ 80.373 Private communications 

frequencies.

* * * * *

(f) * * *

Frequencies in the 156–162 MHz band 

Carrier 

frequency 

(MHz) 

Channel designator 

Points of communication (Intership 

and between 

coast and ship 

unless otherwise 

indicated) 

Ship

transmit 

Coast 

transmit 

Noncommercial 

*****

7119 ........ 156.575 156.575

*****

19 156.575 MHz is available for port operations 

communications use only within the U.S. Coast 

Guard designated VTS radio protection area of Seattle (Puget Sound) described in § 80.383. Normal 

output power must not exceed 1 watt. Maximum output power must not exceed 10 watts. 

* * * * *

[FR Doc. 04–28028 Filed 12–22–04; 8:45 am] 

BILLING CODE 6712–01–P

DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety 

Administration 

49 CFR Part 571 

[Docket No. NHTSA–2004–19938] 

RIN 2127–AJ50 

Federal Motor Vehicle Safety 

Standards; Platform Lifts for Motor 

Vehicles, Platform Lift Installations in 

Motor Vehicles

AGENCY: National Highway Traffic 

Safety Administration (NHTSA), 

Department of Transportation (DOT).

ACTION: Interim final rule; delay of 

compliance date; request for comments. 

SUMMARY: This document delays the 

compliance dates of Federal motor 

vehicle safety standards for platform 

lifts and vehicles equipped with 

platform lifts. In December 2002, 

NHTSA published a final rule that 

established Federal motor vehicle safety 

standards for platform lifts and vehicles 

equipped with platform lifts. In October 

2004, the agency published an 

amendment to these standards in 

response to petitions for reconsideration 

of the December 2002 final rule. Since 

that time, the agency has received 

several telephone calls on the inability 

of vehicle manufacturers to comply with 

the vehicle standards by the compliance 

date. We are also aware of some 

confusion within the industry as to the 

applicability of the standards. 

Additionally, in response to the October 

2004 final rule, we received several 

petitions for reconsideration. As 

established in the December 2002 final 

rule, the standards are to become 

76866 Federal Register / Vol. 69, No. 246 / Thursday, December 23, 2004 / Rules and Regulations 

effective December 27, 2004. This notice 

delays the compliance date for the 

platform lift standard for a period of 

three months and the vehicle standard 

for a period of six months. The delay in 

compliance dates will prevent a gap 

between the cessation of production of 

vehicles with pre-standard lifts and the 

beginning of production of vehicles 

with post-standard (compliant) lifts. The 

delay will also allow the agency to 

address issues of applicability in 

advance of the compliance dates.

DATES: Effective date: This final rule 

becomes effective December 27, 2004. 

Comments must be received by 

NHTSA not later than February 22, 

2005, and should refer to this docket 

and the notice number of this 

document.

ADDRESSES: You may submit comments 

[identified by the DOT DMS Docket 

Number above] by any of the following 

methods: 

• Federal eRulemaking Portal: Go to 

http://www.regulations.gov. Follow the 

online instructions for submitting 

comments. 

• Web Site: http://dms.dot.gov.

Follow the instructions for submitting 

comments on the DOT electronic docket 

site. 

• Fax: 1–202–493–2251. 

• Mail: Docket Management Facility; 

U.S. Department of Transportation, 400 

Seventh Street, SW., Nassif Building, 

Room PL–401, Washington, DC 20590–

001. 

• Hand Delivery: Room PL–401 on 

the plaza level of the Nassif Building, 

400 Seventh Street, SW., Washington, 

DC, between 9 a.m. and 5 p.m., Monday 

through Friday, except Federal 

Holidays. 

Instructions: All submissions must 

include the agency name and docket 

number or Regulatory Identification 

Number (RIN) for this rulemaking. For 

detailed instructions on submitting 

comments and additional information 

on the rulemaking process, see the 

Request for Comments heading of the 

SUPPLEMENTARY INFORMATION section of 

this document. Note that all comments 

received will be posted without change 

to http://dms.dot.gov, including any 

personal information provided. Please 

see the Privacy Act heading under 

Regulatory Analyses and Notices. 

Docket: For access to the docket to 

read background documents or 

comments received, go to http://

dms.dot.gov at any time or to Room PL–

401 on the plaza level of the Nassif 

Building, 400 Seventh Street, SW., 

Washington, DC, between 9 a.m. and 5 

p.m., Monday through Friday, except 

Federal Holidays.

FOR FURTHER INFORMATION CONTACT: For 

non-legal issues, you may call Mr. 

William Evans, Office of Crash 

Avoidance Standards, at (202) 366–

2272, facsimile (202) 366–7022. 

For legal issues, you may call Mr. 

Chris Calamita, Office of the Chief 

Counsel, at (202) 366–2992, facsimile 

(202) 366–3820. 

You may send mail to any of these 

officials at the National Highway Traffic 

Safety Administration, 400 Seventh 

Street, SW., Washington, DC 20590.

SUPPLEMENTARY INFORMATION:

Table of Contents 

I. Background 

II. Industry Response 

III. Petitions For Reconsideration 

IV. Today’s Final Rule; Delay of Compliance 

Date 

V. Regulatory Analyses and Notices 

VI. Request for Comments

I. Background 

On December 27, 2002, the agency 

published in the Federal Register (67 

FR 79416) a final rule establishing 

Federal Motor Vehicle Safety Standard 

(FMVSS) No. 403, Platform lift systems 

for motor vehicles, and FMVSS No. 404, 

Platform lift installation on motor 

vehicles (final rule). These two new 

standards provide practicable, 

performance-based requirements and 

compliance procedures to ensure the 

safety of platform lifts and vehicles 

equipped with those lift systems. 

FMVSS No. 403 establishes 

requirements for platform lifts that are 

designed to carry passengers who rely 

on wheelchairs, scooters, canes, and 

other mobility aid devices in entering 

and exiting motor vehicles. The 

standard requires that these lifts meet 

minimum platform dimensions and 

maximum size limits for platform 

protrusions and gaps between the 

platform and either the vehicle floor or 

the ground. The standard also requires 

handrails, a threshold warning signal, 

and retaining barriers. Performance tests 

are specified for wheelchair retention on 

the platform, lift strength, and platform 

slip resistance requirements. A set of 

interlocks is prescribed to prevent 

accidental movement of a lift and the 

vehicle on which a lift is installed. 

FMVSS No. 404 establishes 

requirements for vehicles equipped with 

platform lifts. Vehicle manufacturers 

must install lifts certified as meeting 

FMVSS No. 403. The vehicle standard 

requires that the lifts be installed 

according to the lift manufacturer’s 

instructions and must continue to meet 

all of the applicable requirements of 

FMVSS No. 403. The standard also 

requires that specific information is 

made available to lift users. 

The December 27, 2002 final rule 

established a compliance date of 

December 27, 2004 for both FMVSS 

Nos. 403 and 404. 

On October 1, 2004, in response to 

petitions for reconsideration, the agency 

revised the standards by amending the 

definitions of certain operational 

functions, the requirements for lift 

lighting on public lifts, the interlock 

requirements, compliance procedures 

for lifts that manually deploy/stow, the 

environmental resistance requirements, 

the edge guard requirements, the 

wheelchair test device specifications, 

and the location requirements for public 

lift controls (69 FR 58843). The October 

2004 final rule did not amend the 

compliance date for the standards. 

II. Industry Response 

The agency has received several 

telephone requests from vehicle 

manufacturers to delay the compliance 

date of FMVSS No. 404. Specifically, 

several over-the-road coach and bus 

manufacturers have stated that 

compliant lifts have not been available 

to allow for the production of FMVSS 

No. 404-compliant vehicles by the 

compliance date. While lift 

manufacturers have informed the 

agency that they will be able to produce 

compliant lifts by the compliance date, 

vehicle manufacturers will need 

additional time to incorporate these lifts 

in their vehicle production. 

Additionally, some lifts relied upon 

by specialty or niche vehicle 

manufacturers (i.e., street ‘‘trolley’’ and 

motor home manufacturers) will no 

longer be produced. These companies 

stated that the lack of compliant lifts has 

been a recent development and that 

additional time is required to find 

replacement lifts. 

The agency has also received 

numerous inquiries regarding the 

applicability of the standards. There 

appears to be some confusion as to the 

applicability to lifts manufactured prior 

to the compliance date, aftermarket 

installation of lifts to vehicles 

manufactured prior to the compliance 

date, and aftermarket installation of lifts 

to vehicles manufactured after the 

compliance date. 

III. Petitions for Reconsideration 

Petitions for reconsideration of the 

October 2004 final rule were received 

from a school bus manufacturer, Blue 

Bird Body Company (Blue Bird); two 

school bus manufacturer associations, 

School Bus Manufacturers Technical 

Council (SBMTC) and Manufacturers 

Council of Small School Buses 

(Manufacturers Council); a mobility 

industry association, Adaptive Driving 

Federal Register / Vol. 69, No. 246 / Thursday, December 23, 2004 / Rules and Regulations 76867

1Pub. L. 101–336, 42 U.S.C. 12101, et seq. Titles 

II and III of the ADA set specific requirements for 

vehicles purchased by municipalities for use in 

fixed route bus systems and vehicles purchased by 

private entities for use in public transportation to 

provide a level of accessibility and usability for 

individuals with disabilities. 42 U.S.C. 12204.

2Petitioners’ concerns with the substance of the 

luminescence requirement relate to requirements 

established in the December 27, 2002 final rule. As 

such, this issue is beyond the scope of petitions for 

reconsideration of the October 1, 2004 final rule 

and may be treated as a request for rulemaking.

Alliance (Driving Alliance); and a 

vehicle systems manufacturer, Safety 

Systems and Controls, Inc. (Safety 

Systems).

A majority of the comments focused 

on the transfer of the lighting 

requirements from FMVSS No. 403, the 

equipment standard to FMVSS No. 404, 

the vehicle standard. As originally 

established in December 2002, the 

agency structured the lighting 

requirements so that a platform lift 

system would be a complete, selfcontained system ready for installation 

upon delivery to the vehicle 

manufacturer. FMVSS No. 403 required 

a lift manufacturer to provide the 

hardware and instructions necessary to 

install lighting in a manner that 

complies with the requirements of the 

standard. In response to petitions for 

reconsideration of the December 2002 

final rule, the agency moved the 

responsibility for the lighting 

requirements from the platform lift 

manufacturer to the vehicle 

manufacturer. We explained that 

vehicle manufacturers have traditionally 

provided lift lighting. Additionally, the 

manufacturers of vehicles that are 

required by FMVSS No. 404 to be 

equipped with lighted platform lifts 

already must comply with American 

with Disabilities Act 1 (ADA) lighting 

standards.

In their petitions for reconsideration, 

Blue Bird, SBMTC, and Manufacturers 

Council stated that not all vehicles 

required to have lighted platform lifts 

are subject to the ADA requirements, 

notably school buses. Petitioners 

requested that the lighting requirements 

be shifted back to FMVSS No. 403. They 

further stated that school bus 

manufacturers would have difficulty in 

complying with the new lighting 

requirement in the time between the 

October 2004 final rule and the 

December 2004 compliance date. These 

petitioners also raised concern that the 

luminescence requirements of the 

standard would require lights that 

produce high levels of heat, which 

could potentially burn occupants, and 

could potentially cause glare and 

distraction problems.2 At a minimum, 

these petitioners requested that the 

agency delay the compliance date of the 

standards while we contemplated their 

petitions.

Additionally, Safety Systems 

requested that the interlock 

requirements be amended to include 

provisions for ‘‘malicious release.’’ The 

Driving Alliance requested a 

clarification of the applicability of the 

standards to aftermarket installation of 

certified and non-certified lifts to 

vehicles manufactured before and after 

the compliance date. 

IV. Today’s Final Rule; Delay of 

Compliance Date 

Today’s final rule delays the 

compliance date of FMVSS No. 403 

until April 1, 2005, and FMVSS No. 404 

until July 1, 2005. This delay will 

prevent the disruption in the 

availability of vehicles manufactured to 

accommodate individuals with 

disabilities. The delay will also permit 

the agency to address any outstanding 

issues and confusion as to the 

applicability of the standards. 

The delay in the compliance date will 

provide relief to vehicle manufacturers 

that would have been unable to 

incorporate compliant lifts into their 

vehicles by the December 27, 2004 

effective date because of delays in 

receiving compliant lifts. The delay to 

the compliance date for FMVSS No. 404 

also provides manufacturers an 

opportunity to secure replacement lifts 

for those lifts that will no longer be 

produced. This will further afford 

vehicle manufacturers and lift 

manufacturers an opportunity to 

perform any final engineering analysis 

required to incorporate compliant lifts 

into vehicle production. 

The staggered compliance dates will 

ensure that vehicle manufacturers will 

have at least three months of lead time 

to incorporate compliant lifts before the 

compliance date for the vehicle 

standard. Additionally, we fully expect 

that lift manufacturers intending to 

distribute compliant lifts beginning 

December 27, 2004, will still do so. This 

will provide vehicle manufacturers 

adequate lead time to comply with 

FMVSS No. 404. 

The agency recognizes that the 

installation of a compliant lift onto a 

vehicle that is not required to comply 

with FMVSS No. 404 may require 

removal or alteration of elements 

installed on the lift for purposes of 

compliance with FMVSS No. 403; e.g.,

removal or alteration of the threshold 

warning system or interlock system. 

Because the vehicle is not required to be 

equipped with an FMVSS No. 403 

compliant lift, we would not consider 

alterations to the lift in this situation as 

making the lift inoperative with FMVSS 

No. 403 within the meaning of 49 U.S.C. 

30122. 

The agency also recognizes that there 

is some confusion within the mobility 

industry as to the applicability of 

FMVSS Nos. 403 and 404 to aftermarket 

lift installations. The agency is in the 

process of responding to several 

requests for interpretation that will 

address this and related issues. These 

responses will be publicly available in 

advance of the new compliance dates. 

Further, the agency is in the process 

of responding to petitions for 

reconsideration of the October 2004 

final rule. The agency’s response could 

affect the certification responsibility of 

platform lift and vehicle manufacturers 

as well as the requirements for platform 

lift lighting systems. The six-month 

delay in the compliance date relieves 

vehicle manufacturers of the potential of 

installing systems for which 

requirements may be amended. 

Because the December 27, 2004 

effective date for FMVSS Nos. 403 and 

404 is fast approaching, NHTSA finds 

for good cause to issue this interim final 

rule to delay the compliance date. 

Further we find good cause that it 

should take effect immediately. Today’s 

interim final rule makes no substantive 

change to the standard, but delays the 

compliance dates for FMVSS Nos. 403 

and 404 for a period of three and six 

months, respectively. We are excepting 

comments on this delay. See, Request 

for Comments section below. 

V. Regulatory Analyses and Notices 

A. Executive Order, 12866 Regulatory 

Planning and Review 

Executive Order 12866, ‘‘Regulatory 

Planning and Review’’ (58 FR 51735, 

October 4, 1993), provides for making 

determinations whether a regulatory 

action is ‘‘significant’’ and therefore 

subject to Office of Management and 

Budget (OMB) review and to the 

requirements of the Executive Order. 

The Order defines a ‘‘significant 

regulatory action’’ as one that is likely 

to result in a rule that may: 

(1) Have an annual effect on the 

economy of $100 million or more or 

adversely affect in a material way the 

economy, a sector of the economy, 

productivity, competition, jobs, the 

environment, public health or safety, or 

State, local, or Tribal governments or 

communities; 

(2) Create a serious inconsistency or 

otherwise interfere with an action taken 

or planned by another agency;

(3) Materially alter the budgetary 

impact of entitlements, grants, user fees, 

76868 Federal Register / Vol. 69, No. 246 / Thursday, December 23, 2004 / Rules and Regulations 

or loan programs or the rights and 

obligations of recipients thereof; or 

(4) Raise novel legal or policy issues 

arising out of legal mandates, the 

President’s priorities, or the principles 

set forth in the Executive Order. 

This rulemaking document was not 

reviewed under Executive Order 12866. 

It is not significant within the meaning 

of the DOT Regulatory Policies and 

Procedures. It does not impose any 

burden on manufacturers, and extends 

the compliance date FMVSS Nos. 403 

and 404 for 3 and 6 months, 

respectively. The agency believes that 

this impact on manufacturers is so 

minimal as to not warrant the 

preparation of a full regulatory 

evaluation. Additionally, because the 

Federal standards incorporate the most 

relevant industry standards and 

guidelines, the agency believes that any 

impact on the benefits of the Federal 

standards will be minimal. 

B. Regulatory Flexibility Act 

Pursuant to the Regulatory Flexibility 

Act, we have considered the impacts of 

this rulemaking action will have on 

small entities (5 U.S.C. 601 et seq.). I 

certify that this rulemaking action will 

not have a significant economic impact 

upon a substantial number of small 

entities within the context of the 

Regulatory Flexibility Act. The 

following is our statement providing the 

factual basis for the certification (5 

U.S.C. 605(b)). The final rule affects 

manufacturers of platform lifts for motor 

vehicles and vehicles equipped with 

platform lifts. According to the size 

standards of the Small Business 

Association (at 13 CFR 121.601), 

manufacturers of platform lifts are 

considered manufacturers of ‘‘All Other 

Motor Vehicle Parts Manufacturing’’

(NAICS Code 336399). The size 

standard for NAICS Code 336399 is 750 

employees or fewer. The size standard 

for manufacturers of ‘‘Light Truck and 

Utility Vehicle Manufacturing’’ (NAICS 

Code 336112) is 1,000 employees or 

fewer. This Final Rule will not have any 

significant economic impact on a 

substantial number of small businesses 

in these industries because the rule only 

delays by three and six months, 

respectively, the compliance dates of 

previously published final rules. Small 

organizations and governmental 

jurisdictions that purchase platform lifts 

and vehicles equipped with platform 

lifts will not be significantly affected 

because this rulemaking will not cause 

price increases. Further, the delay in 

compliance dates will avoid a 

disruption in the manufacturing and 

sales that would have occurred for some 

lift-equipped vehicles. Accordingly, we 

have not prepared a Final Regulatory 

Flexibility Analysis. 

C. Executive Order 13132, Federalism 

E.O. 13132 requires NHTSA to 

develop an accountable process to 

ensure ‘‘meaningful and timely input by 

State and local officials in the 

development of regulatory policies that 

have federalism implications.’’ E.O. 

13132 defines the term ‘‘Policies that 

have federalism implications’’ to 

include regulations that have 

‘‘substantial direct effects on the States, 

on the relationship between the national 

government and the States, or on the 

distribution of power and 

responsibilities among the various 

levels of government.’’ Under E.O. 

13132, NHTSA may not issue a 

regulation that has federalism 

implications, that imposes substantial 

direct compliance costs, and that is not 

required by statute, unless the Federal 

government provides the funds 

necessary to pay the direct compliance 

costs incurred by State and local 

governments, or NHTSA consults with 

State and local officials early in the 

process of developing the proposed 

regulation. 

This final rule will not have 

substantial direct effects on the States, 

on the relationship between the national 

government and the States, or on the 

distribution of power and 

responsibilities among the various 

levels of government as specified in E.O. 

13132. Thus, the requirements of 

section 6 of the Executive Order do not 

apply to this rule. 

D. The Unfunded Mandates Reform Act 

The Unfunded Mandates Reform Act 

of 1995 (Pub. L. 104–4) requires 

agencies to prepare a 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 $100 

million annually. This action, which 

extends the compliance date of FMVSS 

Nos. 403 and 404, will not result in 

additional expenditures by state, local 

or tribal governments or by any 

members of the private sector. 

Therefore, the agency has not prepared 

an economic assessment pursuant to the 

Unfunded Mandates Reform Act. 

E. Paperwork Reduction Act 

Under the Paperwork Reduction Act 

of 1995 (44 U.S.C. 3501 et seq.) (PRA), 

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. Since it 

only delays the compliance date of a 

final rule, this final rule does not 

impose any new collection of 

information requirements for which a 5 

CFR part 1320 clearance must be 

obtained. 

F. Civil Justice Reform 

This final rule does not have any 

retroactive effect. Under 49 U.S.C. 

30103(b), whenever a Federal motor 

vehicle safety standard is in effect, a 

state or political subdivision may 

prescribe or continue in effect a 

standard applicable to the same aspect 

of performance of a Federal motor 

vehicle safety standard only if the 

standard is identical to the Federal 

standard. However, the United States 

Government, a state, or political 

subdivision of a state, may prescribe a 

standard for a motor vehicle or motor 

vehicle equipment obtained for its own 

use that imposes a higher performance 

requirement than that required by the 

Federal standard. 49 U.S.C. 30161 sets 

forth a procedure for judicial review of 

final rules establishing, amending, or 

revoking Federal motor vehicle safety 

standards. A petition for reconsideration 

or other administrative proceedings are 

not required before parties file suit in 

court. 

G. Plain Language 

Executive Order 12866 requires each 

agency to write all rules in plain 

language. Application of the principles 

of plain language includes consideration 

of the following questions:

—Have we organized the material to suit 

the public’s needs? 

—Are the requirements in the rule 

clearly stated? 

—Does the rule contain technical 

language or jargon that is not clear? 

—Would a different format (grouping 

and order of sections, use of headings, 

paragraphing) make the rule easier to 

understand? 

—Would more (but shorter) sections be 

better? 

—Could we improve clarity by adding 

tables, lists, or diagrams? 

—What else could we do to make the 

rule easier to understand? 

Comment is solicited on the extent to 

which this final rule effectively uses 

plain language principles.

H. National Technology Transfer and 

Advancement Act 

Under the National Technology and 

Transfer and Advancement Act of 1995 

(NTTAA) (Pub. L. 104–113), ‘‘all Federal 

agencies and departments shall use 

technical standards that are developed 

or adopted by voluntary consensus 

standards bodies, using such technical 

Federal Register / Vol. 69, No. 246 / Thursday, December 23, 2004 / Rules and Regulations 76869

3Optical character recognition (OCR) is the 

process of converting an image of text, such as a 

scanned paper document or electronic fax file, into 

computer-editable text.

standards as a means to carry out policy 

objectives or activities determined by 

the agencies and departments.’’

The equipment standard was drafted 

to include or exceed all government and 

voluntary consensus standards. This 

final rule extends the compliance date 

of that final rule to July 1, 2004. 

I. Privacy Act 

Anyone is able to search the 

electronic form of all comments 

received into any of our dockets by the 

name of the individual submitting the 

comment (or signing the comment, 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.

J. Environmental Impacts 

We have not conducted an evaluation 

of the impacts of this final rule under 

the National Environmental Policy Act. 

This rulemaking action extends the date 

by which the manufacturers must 

comply with the newly upgraded 

requirements of FMVSS No. 205. This 

rulemaking does not impose any change 

that would have any environmental 

impacts. Accordingly, no environmental 

assessment is required. 

K. Executive Order 13045, Economically 

Significant Rules Disproportionately 

Affecting Children 

This rule is not subject to E.O. 13045 

because it is not ‘‘economically 

significant’’ as defined under E.O. 

12866, and does not concern an 

environmental, health or safety risk that 

NHTSA has reason to believe may have 

a disproportionate effect on children. 

VI. Request for Comments 

How Do I Prepare and Submit 

Comments? 

Your comments must be written and 

in English. To ensure that your 

comments are correctly filed in the 

Docket, please include the docket 

number of this document in your 

comments. Your comments must not be 

more than 15 pages long. (49 CFR 

553.21). We established this limit to 

encourage you to write your primary 

comments in a concise fashion. 

However, you may attach necessary 

additional documents to your 

comments. There is no limit on the 

length of the attachments. Please submit 

two copies of your comments, including 

the attachments, to Docket Management 

at the address given above under 

ADDRESSES. Comments may also be 

submitted to the docket electronically 

by logging onto the Docket Management 

System Web site at http://dms.dot.gov.

Click on ‘‘Help & Information’’ or 

‘‘Help/Info’’ to obtain instructions for 

filing the document electronically. If 

you are submitting comments 

electronically as a PDF (Adobe) file, we 

ask that the documents submitted be 

scanned using Optical Character 

Recognition (OCR) process, thus 

allowing the agency to search and copy 

certain portions of your submissions.3

Please note that pursuant to the Data 

Quality Act, in order for substantive 

data to be relied upon and used by the 

agency, it must meet the information 

quality standards set forth in the OMB 

and DOT Data Quality Act guidelines. 

Accordingly, we encourage you to 

consult the guidelines in preparing your 

comments. OMB’s guidelines may be 

accessed at http://www.whitehouse.gov/

omb/fedreg/reproducible.html. DOT’s 

guidelines may be accessed at http://

dmses.dot.gov/submit/DataQuality 

Guidelines.pdf.

How Can I Be Sure That My Comments 

Were Received? 

If you wish Docket Management to 

notify you upon its receipt of your 

comments, enclose a self-addressed, 

stamped postcard in the envelope 

containing your comments. Upon 

receiving your comments, Docket 

Management will return the postcard by 

mail. 

How Do I Submit Confidential Business 

Information? 

If you wish to submit any information 

under a claim of confidentiality, you 

should submit three copies of your 

complete submission, including the 

information you claim to be confidential 

business information, to the Chief 

Counsel, NHTSA, at the address given 

above under FOR FURTHER INFORMATION

CONTACT. In addition, you should 

submit two copies, from which you 

have deleted the claimed confidential 

business information, to Docket 

Management at the address given above 

under ADDRESSES. When you send a 

comment containing information 

claimed to be confidential business 

information, you should include a cover 

letter setting forth the information 

specified in our confidential business 

information regulation. (49 CFR part 

512.) 

Will the Agency Consider Late 

Comments? 

We will consider all comments that 

Docket Management receives before the 

close of business on the comment 

closing date indicated above under 

DATES. To the extent possible, we will 

also consider comments that Docket 

Management receives after that date. If 

Docket Management receives a comment 

too late for us to consider in developing 

a final rule (assuming that one is 

issued), we will consider that comment 

as an informal suggestion for future 

rulemaking action. 

How Can I Read the Comments 

Submitted by Other People? 

You may read the comments received 

by Docket Management at the address 

given above under ADDRESSES. The 

hours of the Docket are indicated above 

in the same location. You may also see 

the comments on the Internet. To read 

the comments on the Internet, take the 

following steps: 

(1) Go to the Docket Management 

System (DMS) Web page of the 

Department of Transportation (http://

dms.dot.gov). 

(2) On that page, click on ‘‘Simple 

Search.’’

(3) On the next page (http://

dms.dot.gov/search), type in the fourdigit docket number shown at the 

beginning of this document. Example: If 

the docket number were ‘‘NHTSA–

1998–1234,’’ you would type ‘‘1234.’’

After typing the docket number, click on 

‘‘Search.’’

(4) On the next page, which contains 

docket summary information for the 

docket you selected, click on the desired 

comments. You may download the 

comments. However, since the 

comments are imaged documents, 

instead of word processing documents, 

the downloaded comments are not word 

searchable. 

Please note that even after the 

comment closing date, we will continue 

to file relevant information in the 

Docket as it becomes available. Further, 

some people may submit late comments. 

Accordingly, we recommend that you 

periodically check the Docket for new 

material.

List of Subjects in 49 CFR Part 571

Motor vehicle safety, reporting and 

recordkeeping requirements, and tires.

■ In consideration of the foregoing, 

NHTSA amends 49 CFR part 571 as 

follows:

76870 Federal Register / Vol. 69, No. 246 / Thursday, December 23, 2004 / Rules and Regulations 

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, 

30117, and 30166; delegation of authority at 

49 CFR 1.50.

■ 2. Section 571.403 is amended by 

revising S3 to read as follows:

§ 571.403 Standard No. 403; Platform lift 

systems for motor vehicles.

* * * * *

S3. Application. This standard 

applies to platform lifts manufactured 

on and after April 1, 2005, that are 

designed to carry passengers into and 

out of motor vehicles.

* * * * *

■ 3. Section 571.404 is amended by 

revising S3 to read as follows:

§ 571.404 Standard No. 404; Platform lift 

installations in motor vehicles.

* * * * *

S3. Application. This standard 

applies to motor vehicles manufactured 

on and after July 1, 2005, that are 

equipped with a platform lift to carry 

passengers into and out of the vehicle.

* * * * *

Issued on: December 17, 2004. 

Jeffrey W. Runge, 

Administrator.

[FR Doc. 04–28085 Filed 12–20–04; 12:27 

pm] 

BILLING CODE 4910–59–P

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric 

Administration 

50 CFR Part 679 

[Docket No. 041202338–4338–01; I.D. 

112204B] 

Fisheries of the Exclusive Economic 

Zone off Alaska; Bering Sea and 

Aleutian Islands Management Area; 

2005 Interim Harvest Specifications for 

Groundfish

AGENCY: National Marine Fisheries 

Service (NMFS); National Oceanic and 

Atmospheric Administration (NOAA); 

Commerce.

ACTION: Temporary rule; interim 

specifications. 

SUMMARY: NMFS issues 2005 interim 

total allowable catch (TAC) amounts for 

each category of groundfish, Community 

Development Quota (CDQ) reserve 

amounts, American Fisheries Act (AFA) 

pollock allocations and sideboard 

limits, and prohibited species catch 

(PSC) allowances and prohibited species 

quota (PSQ) reserves for the groundfish 

fisheries of the Bering Sea and Aleutian 

Islands management area (BSAI). The 

intended effect is to conserve and 

manage the groundfish resources in the 

BSAI.

DATES: The interim harvest 

specifications are effective from 0001 

hours, Alaska local time (A.l.t.), January 

1, 2005, until the effective date of the 

2005 final harvest specifications for 

BSAI groundfish, which will be 

published in the Federal Register.

ADDRESSES: Copies of the 

Environmental Assessment (EA) 

prepared for this action are available 

from the NMFS Alaska Region Web site 

at http://www.fakr.noaa.gov. The final 

2003 Stock Assessment and Fishery 

Evaluation (SAFE) report, dated 

November 2003, and the final 2004 

SAFE report, dated November 2004, are 

available from the North Pacific Fishery 

Management Council, West 4th Avenue, 

Suite 306, Anchorage, AK 99510–2252, 

telephone (907) 271–2809, or from its 

Web site at http://www.fakr.noaa.gov/

npfmc.

FOR FURTHER INFORMATION CONTACT:

Mary Furuness, 907–586–7228, or 

mary.furuness@noaa.gov.

SUPPLEMENTARY INFORMATION: 

Background 

Federal regulations at 50 CFR part 679 

implementing the Fishery Management 

Plan for Groundfish of the Bering Sea 

and Aleutian Islands Management Area 

(FMP) govern the groundfish fisheries in 

the BSAI. The North Pacific Fishery 

Management Council (Council) 

prepared the FMP, and NMFS approved 

it under the Magnuson-Stevens Fishery 

Conservation and Management Act 

(Magnuson-Stevens Act). General 

regulations that also pertain to the U.S. 

fisheries appear at subpart H of 50 CFR 

part 600. 

The Council met in October 2004 to 

review scientific information 

concerning groundfish stocks, including 

the 2003 SAFE report and the EA (see 

ADDRESSES), and to recommend 2005 

proposed harvest specifications. The 

Council recommended a proposed total 

acceptable biological catch (ABC) of 

3,345,963 metric tons (mt) and a 

proposed total TAC of 2,000,000 mt for 

the 2005 fishing year. The proposed 

TAC amounts for each species were 

based on the best available biological 

and socioeconomic information. 

Under § 679.20(c)(1), NMFS 

published in the Federal Register the 

2005 proposed harvest specifications for 

BSAI groundfish (December 8, 2004, 69 

FR 70974). That document contains a 

detailed discussion of the 2005 

proposed TACs, initial TACs (ITACs) 

and related apportionments, CDQ 

reserves, ABC amounts, overfishing 

levels, PSC allowances, PSQ reserve 

amounts, and associated management 

measures of the BSAI groundfish 

fishery. 

This action provides interim harvest 

specifications and apportionments 

thereof for the 2005 fishing year that 

will become available on January 1, 

2005, and will remain in effect until 

superseded by the 2005 final harvest 

specifications. Background information 

concerning the 2005 harvest 

specification process on which this 

interim action is based is provided in 

the above mentioned proposed harvest 

specification document. 

Establishment of Interim TACs 

Section 679.20(b)(1)(i) requires that 15 

percent of the TAC for each target 

species and species group, except for 

pollock and the hook-and-line and pot 

gear allocation of sablefish, be placed in 

a non-specified reserve. The AFA 

supersedes this provision for pollock by 

requiring that the TAC for this species 

be fully allocated among the CDQ 

program, incidental catch allowance 

(ICA), and inshore, catcher/processor, 

and mothership directed fishery 

allowances. Section 803 of the 

Consolidated Appropriations Act of 

2004 (CAA), Public Law (Pub. L.) 108–

199, supersedes portions of the AFA 

and allocates the AI directed pollock 

fishery (DPF) to the Aleut Corporation 

after subtraction for the CDQ directed 

fishing allowance and ICA. Amendment 

82 to the FMP would establish the 

management measures for the AI DPF. 

The proposed rule to implement 

Amendment 82 was published in the 

Federal Register for public comment 

and review on December 7, 2004 (69 FR 

70589). If Amendment 82 is approved, 

final regulations implementing 

Amendment 82 are anticipated to be 

effective by March 2005. 

Section 679.20(b)(1)(iii) requires that 

one half of each TAC amount placed in 

the non-specified reserve, with the 

exception of squid, be allocated to the 

groundfish CDQ reserve and that 20 

percent of the hook-and-line and pot 

gear allocation of sablefish be allocated 

to the fixed gear sablefish CDQ reserve. 

Sections 679.20(a)(5)(i)(A) and 

679.31(a)(2) require that 10 percent of 

the pollock TAC be allocated to the 

pollock CDQ reserve. With the 

exception of the hook-and-line and pot 

gear sablefish CDQ reserve, the CDQ 

reserves are not further apportioned by 

gear. Section 679.21(e)(1)(i) also