Federal Register / Vol. 75, No. 71 / Wednesday, April 14, 2010 / Notices 19459 

effectiveness equivalent to the ‘‘PASS– 

Key III device. 

Based on the supporting evidence 

submitted by Nissan on the device, the 

agency believes that the antitheft device 

for the Cube vehicle line is likely to be 

as effective in reducing and deterring 

motor vehicle theft as compliance with 

the parts-marking requirements of the 

Theft Prevention Standard (49 CFR 541). 

The agency concludes that the device 

will provide the five types of 

performance listed in § 543.6(a)(3): 

promoting activation; attracting 

attention to the efforts of unauthorized 

persons to enter or operate a vehicle by 

means other than a key; preventing 

defeat or circumvention of the device by 

unauthorized persons; preventing 

operation of the vehicle by 

unauthorized entrants; and ensuring the 

reliability and durability of the device. 

Pursuant to 49 U.S.C. 33106 and 49 

CFR 543.7 (b), the agency grants a 

petition for exemption from the partsmarking requirements of part 541 either 

in whole or in part, if it determines that, 

based upon substantial evidence, the 

standard equipment antitheft device is 

likely to be as effective in reducing and 

deterring motor vehicle theft as 

compliance with the parts marking 

requirements of part 541. The agency 

finds that Nissan has provided adequate 

reasons for its belief that the antitheft 

device for the Nissan vehicle line is 

likely to be as effective in reducing and 

deterring motor vehicle theft as 

compliance with the parts-marking 

requirements of the Theft Prevention 

Standard (49 CFR Part 541). This 

conclusion is based on the information 

Nissan provided about its device. 

For the foregoing reasons, the agency 

hereby grants in full Nissan’s petition 

for exemption for the Nissan Cube 

vehicle line from the parts-marking 

requirements of 49 CFR Part 541, 

beginning with the 2011 model year 

vehicles. The agency notes that 49 CFR 

Part 541, Appendix A–1, identifies 

those lines that are exempted from the 

Theft Prevention Standard for a given 

model year. 49 CFR Part 543.7(f) 

contains publication requirements 

incident to the disposition of all Part 

543 petitions. Advanced listing, 

including the release of future product 

nameplates, the beginning model year 

for which the petition is granted and a 

general description of the antitheft 

device is necessary in order to notify 

law enforcement agencies of new 

vehicle lines exempted from the partsmarking requirements of the Theft 

Prevention Standard. 

If Nissan decides not to use the 

exemption for this line, it must formally 

notify the agency. If such a decision is 

made, the line must be fully marked 

according to the requirements under 49 

CFR Parts 541.5 and 541.6 (marking of 

major component parts and replacement 

parts). 

NHTSA notes that if Nissan wishes in 

the future to modify the device on 

which this exemption is based, the 

company may have to submit a petition 

to modify the exemption. Part 543.7(d) 

states that a Part 543 exemption applies 

only to vehicles that belong to a line 

exempted under this part and equipped 

with the anti-theft device on which the 

line’s exemption is based. Further, Part 

543.9(c)(2) provides for the submission 

of petitions ‘‘to modify an exemption to 

permit the use of an antitheft device 

similar to but differing from the one 

specified in that exemption.’’ 

The agency wishes to minimize the 

administrative burden that Part 

543.9(c)(2) could place on exempted 

vehicle manufacturers and itself. The 

agency did not intend in drafting Part 

543 to require the submission of a 

modification petition for every change 

to the components or design of an 

antitheft device. The significance of 

many such changes could be de 

minimis. Therefore, NHTSA suggests 

that if the manufacturer contemplates 

making any changes, the effects of 

which might be characterized as de 

minimis, it should consult the agency 

before preparing and submitting a 

petition to modify. 

Authority: 49 U.S.C. 33106; delegation of 

authority at 49 CFR 1.50. 

Issued on: April 8, 2010. 

Stephen R. Kratzke, 

Associate Administrator for Rulemaking. 

[FR Doc. 2010–8451 Filed 4–13–10; 8:45 am] 

BILLING CODE 4910–59–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

[Summary Notice No. PE–2010–13] 

Petition for Exemption; Summary of 

Petition Received 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of petition for exemption 

received. 

SUMMARY: This notice contains a 

summary of a petition seeking relief 

from specified requirements of 14 CFR. 

The purpose of this notice is to improve 

the public’s awareness of, and 

participation in, this aspect of FAA’s 

regulatory activities. Neither publication 

of this notice nor the inclusion or 

omission of information in the summary 

is intended to affect the legal status of 

the petition or its final disposition. 

DATES: Comments on this petition must 

identify the petition docket number 

involved and must be received on or 

before May 4, 2010. 

ADDRESSES: You may send comments 

identified by Docket Number FAA– 

2010–0179 using any of the following 

methods: 

• Government-wide rulemaking Web 

site: Go to http://www.regulations.gov 

and follow the instructions for sending 

your comments electronically. 

• Mail: Send comments to the Docket 

Management Facility; U.S. Department 

of Transportation, 1200 New Jersey 

Avenue, SE., West Building Ground 

Floor, Room W12–140, Washington, DC 

20590. 

• Fax: Fax comments to the Docket 

Management Facility at 202–493–2251. 

• Hand Delivery: Bring comments to 

the Docket Management Facility in 

Room W12–140 of the West Building 

Ground Floor at 1200 New Jersey 

Avenue, SE., Washington, DC, between 

9 a.m. and 5 p.m., Monday through 

Friday, except Federal holidays. 

Privacy: We will post all comments 

we receive, without change, to http:// 

www.regulations.gov, including any 

personal information you provide. 

Using the search function of our docket 

Web site, anyone can find and read the 

comments received into any of our 

dockets, including the name of the 

individual sending the comment (or 

signing the comment for an association, 

business, labor union, etc.). You may 

review DOT’s complete Privacy Act 

Statement in the Federal Register 

published on April 11, 2000 (65 FR 

19477–78). 

Docket: To read background 

documents or comments received, go to 

http://www.regulations.gov at any time 

or to the Docket Management Facility in 

Room W12–140 of the West Building 

Ground Floor at 1200 New Jersey 

Avenue, SE., Washington, DC, between 

9 a.m. and 5 p.m., Monday through 

Friday, except Federal holidays. 

FOR FURTHER INFORMATION CONTACT: 

Laverne Brunache (202) 267–3133 or 

Tyneka Thomas (202) 267–7626, Office 

of Rulemaking, Federal Aviation 

Administration, 800 Independence 

Avenue, SW., Washington, DC 20591. 

This notice is published pursuant to 

14 CFR 11.85. 

Issued in Washington, DC, on April 8, 

2010. 

Pamela Hamilton-Powell, 

Director, Office of Rulemaking. 

Petition for Exemption 

Docket No.: FAA–2010–0179. 


srobinson on DSKHWCL6B1PROD with NOTICES
19460 Federal Register / Vol. 75, No. 71 / Wednesday, April 14, 2010 / Notices 

Petitioner: Carl Wischmeyer. 

Section of 14 CFR Affected: 14 CFR 

61.23(a)(3)(i). 

Description of Relief Sought 

Mr. Carl Wischmeyer requests relief 

from § 61.23(a)(3)(i) to fly AirCam 

experimental aircraft without a medical 

certificate, using a valid driver’s license 

instead. 

[FR Doc. 2010–8472 Filed 4–13–10; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Highway Administration 

[Docket No. FHWA—2010–0035] 

Proposed Memorandum of 

Understanding Revision (MOU) 

Assigning Certain Federal 

Environmental Responsibilities to the 

State of California, Including National 

Environmental Policy Act (NEPA) 

Authority for Certain Categorical 

Exclusions (CEs) 

AGENCY: Federal Highway 

Administration (FHWA), California 

Division, DOT. 

ACTION: Notice of proposed MOU, 

request for comments. 

SUMMARY: This notice announces that 

the FHWA and the State of California, 

acting by and through its Department of 

Transportation (State), propose a time 

extension with minor changes to the 

MOU pursuant to 23 U.S.C. 326. The 

MOU would extend the duration of use 

by three years, transferring to the State 

the FHWA’s authority and 

responsibility for determining whether 

certain designated activities within the 

geographic boundaries of the State, as 

specified in the proposed MOU, are 

categorically excluded from preparation 

of an environmental assessment or an 

environmental impact statement under 

the National Environmental Policy Act 

of 1969, 42 U.S.C. 4321 et seq. (NEPA). 

Aside from editorial changes to the 

MOU, the following minor changes 

would also be incorporated: (1) The 

State would be required to submit a list 

of CE determinations annually as 

opposed to quarterly; (2) the Federal 

Register notice of availability period 

would be modified from 45 days to 30 

days, where applicable; (3) upon 

termination of the MOU, reversion of 

Federal responsibility back to FHWA 

would become effective in 60 days as 

opposed to 30 days; (4) FHWA would 

provide the State 24 hour notice, where 

practicable, prior to attending meetings 

whereby another Federal agency has 

requested FHWA’s participation; (5) 

removal of E.O. 13175, Consultation and 

Coordination with Indian Tribal 

Governments from the list of assigned 

responsibilities. 

DATES: Please submit comments by May 

14, 2010. 

ADDRESSES: You may submit comments, 

identified by DOT Document 

Management System (DMS) Docket 

Number [FHWA–2010–0035], by any of 

the methods described below. Electronic 

or facsimile comments are preferred 

because Federal offices experience 

intermittent mail delays from security 

screening. 

1. Web site: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments 

on the DOT electronic docket site. 

2. Facsimile (Fax): 1–202–493–2251. 

3. Mail: Docket Management Facility; 

U.S. Department of Transportation, 1200 

New Jersey Ave., SE., Washington, DC 

20590. 

Hand Delivery: 1200 New Jersey Ave., 

SE., Washington, DC 20590 between 9 

a.m. and 5 p.m. e.t., Monday through 

Friday, except Federal holidays. 

For access to the docket to view a 

complete copy of the proposed MOU, or 

to read background documents or 

comments received, go to http:// 

www.regulations.gov at any time or to 

1200 New Jersey Ave, SE, Washington, 

DC 20590, between 9 a.m. and 5 p.m. 

e.t., Monday through Friday, except for 

Federal holidays. 

FOR FURTHER INFORMATION CONTACT: For 

FHWA: Aimee Kratovil, Federal 

Highway Administration, California 

Division, 650 Capitol Mall, Suite 4–100, 

Sacramento, CA 95814; by e-mail at 

aimee.kratovil@dot.gov or by telephone 

at 916–498–5866. The FHWA California 

Division Office’s normal business hours 

are 8 a.m. to 4:30 p.m. (Pacific Time), 

Monday—Friday, except for Federal 

Holidays. For State: Cindy Adams, 

NEPA Delegation Manager, California 

Department of Transportation, Division 

of Environmental Analysis, MS#27, P.O. 

Box 942874, Sacramento, CA, 94274– 

0001; by e-mail at 

NEPA_delegation@dot.ca.gov; by 

telephone at (916) 653–5157. The 

California Department of 

Transportation’s normal business hours 

are 8 a.m. to 5 p.m. (Pacific Time), 

Monday–Friday, except for State and 

Federal holidays. 

SUPPLEMENTARY INFORMATION: 

Electronic Access 

An electronic copy of this notice may 

be downloaded using a computer, 

modem, and suitable communications 

software from the Government Printing 

Office’s Electronic Bulletin Board 

Service at (202) 512–1661. Internet users 

may reach the Office of the Federal 

Register’s home page at http:// 

www.archives.gov and the Government 

Printing Office’s Web site at http:// 

www.access.gpo.gov. An electronic 

version of the proposed MOU may be 

downloaded by accessing the DOT DMS 

docket, as described above, at http:// 

www.regulations.gov. 

Background 

Section 6004(a) of the Safe, 

Accountable, Flexible, Efficient 

Transportation Equity Act: A Legacy for 

Users (Pub. L. 109–059, 119 Stat. 1144), 

codified as section 326 of amended 

Chapter 3 of title 23, United States Code 

(23 U.S.C. 326), allows the Secretary of 

the DOT (Secretary), to assign, and a 

State to assume, responsibility for 

determining whether certain designated 

activities are included within classes of 

action that are categorically excluded 

from requirements for environmental 

assessments or environmental impact 

statements pursuant to regulations 

promulgated by the Council on 

Environmental Quality under part 1500 

of title 40, Code of Federal Regulations 

(CFR) (as in effect on October 1, 2003). 

The FHWA is authorized to act on 

behalf of the Secretary with respect to 

these matters. 

The FHWA and the State had 

previously entered into an MOU on June 

6, 2007, for an initial term of three (3) 

years. The proposed MOU revision is set 

to supersede the original MOU prior to 

its expiration date on June 6, 2010. 

Stipulation I (B) of the MOU describes 

the types of actions for which the State 

would assume project-level 

responsibility for determining whether 

the criteria for a CE are met. Statewide 

decision-making responsibility would 

be assigned for all activities within the 

categories listed in 23 CFR 771.117(c), 

those listed as examples in 23 CFR 

771.117(d), and the following additional 

categories of actions: 

1. Construction, modification, or 

repair of storm water treatment devices 

(e.g., detention basins, bio-swales, 

media filters, and infiltration basins), 

protection measures such as slope 

stabilization and other erosion control 

measures. 

2. Replacement, modification, or 

repair of culverts or other drainage 

facilities. 

3. Projects undertaken to assure the 

creation, maintenance, restoration, 

enhancement, or protection of habitat 

for fish, plants, or wildlife (e.g., 

revegetation of disturbed areas with 

native plant species; stream or river 

bank revegetation; construction of new, 

or maintenance of existing fish passage 


srobinson on DSKHWCL6B1PROD with NOTICES