Federal Register / Vol. 74, No. 47 / Thursday, March 12, 2009 / Notices 10803 

contact Gregory J. Thorpe, Ph.D., Project 

Development and Environmental 

Analysis Branch Manager, North 

Carolina Department of Transportation 

(NCDOT), 1 South Wilmington Street 

(Delivery), 1548 Mail Service Center, 

Raleigh, North Carolina 27699–1548; 

Telephone (919) 733–3141; e-mail 

gthorpe@ncdot.gov. NCDOT—Project 

Development and Environmental 

Analysis Branch Office’s normal 

business hours are 8 a.m. to 5 p.m. 

(Eastern Time). 

SUPPLEMENTARY INFORMATION: On 

October 5, 2006, the FHWA published a 

‘‘Notice of Final Federal Agency Actions 

on Proposed Highway in North 

Carolina’’ in the Federal Register at 

Volume 71, Number 193 for the 

following project: Fayetteville Outer 

Loop, Federal Aid No. DPR–0100(001) 

and DPR–0100(002), from I–95 south of 

Fayetteville to U.S. 401 (Ramsey Street) 

in Fayetteville, North Carolina, 

Cumberland and Robeson Counties, 

North Carolina. The project will be a 28- 

mile long, four-lane divided controlledaccess freeway on new alignment. The 

project extends westward from the end 

of I–295 along the southern boundary of 

Fort Bragg Military Reservation/ 

northern municipal limits of the City of 

Fayetteville then turns southward along 

the western limits of the City of 

Fayetteville and the Town of Hope Mills 

until it connects with I–95. A Final 

Environmental Impact Statement (FEIS) 

for the project was approved on August 

17, 2005; the FHWA Record of Decision 

(ROD) was issued on January 19, 2006. 

Notice is hereby given that, subsequent 

to the earlier FHWA ROD, the USACE 

has taken final agency actions within 

the meaning of 23 U.S.C. 139(I)1 by 

issuing permits and approvals for the 

highway project. The actions by the 

USACE are described in the USACE 

decisions and its project records, 

referenced as SAW–200801413. The 

permit and decision document is 

available by contacting NCDOT at the 

address above. 

Information about the project and 

project records also are available from 

FHWA and NCDOT at the addresses 

provided above. The FHWA FEIS and 

ROD can be viewed at the NCDOT— 

Project Development and Environmental 

Analysis Branch, 1 South Wilmington 

Street, Raleigh, North Carolina; 

NCDOT—Division 6 Construction 

Engineer Office, 558 Gillespie Street, 

Fayetteville, North Carolina and 

Fayetteville MPO Office, 130 Gillespie 

Street, 2nd Floor, Fayetteville, North 

Carolina. 

This notice applies to all USACE 

decisions taken after January 19, 2006, 

the issuance date of the FHWA ROD, 

described above. The laws under which 

actions were taken, including but not 

limited to: 

1. General: National Environmental 

Policy Act (NEPA) [42 U.S.C. 4321– 

4351]; Federal-Aid Highway Act [23 

U.S.C. 109]. 

2. Air: Clean Air Act [42 U.S.C. 7401– 

7671(q)]. 

3. Land: Section 4(f) of the 

Department of Transportation Act of 

1966 [49 U.S.C. 303]; Landscaping and 

Scenic Enhancement (Wildflowers) [23 

U.S.C. 319]. 

4. Wildlife: Endangered Species Act 

[16 U.S.C. 1531–1544 and Section 

1536], Marine Mammal Protection Act 

[16 U.S.C. 1361], Anadromous Fish 

Conservation Act [16 U.S.C. 757(a)– 

757(g)], Fish and Wildlife Coordination 

Act [16 U.S.C. 661–667(d)], Migratory 

Bird Treaty Act [16 U.S.C. 703–712], 

Magnuson-Stevenson Fishery 

Conservation and Management Act of 

1976, as amended [16 U.S.C. 1801 et 

seq.]. 

5. Historic and Cultural Resources: 

Section 106 of the National Historic 

Preservation Act of 1966, as amended 

[16 U.S.C. 470(f) et seq.]; Archeological 

Resources Protection Act of 1977 [16 

U.S.C. 470(aa)–11]; Archeological and 

Historic Preservation Act [16 U.S.C. 

469–469(c)]; Native American Grave 

Protection and Repatriation Act 

(NAGPRA) [25 U.S.C. 3001–3013]. 

6. Social and Economic: Civil Rights 

Act of 1964 [42 U.S.C. 2000(d)– 

2000(d)(1)]; American Indian Religious 

Freedom Act [42 U.S.C. 1996]; Farmland 

Protection Policy Act (FPPA) [7 U.S.C. 

4201–4209]. 

7. Wetlands and Water Resources: 

Land and Water Conservation Fund 

(LWCF) [16 U.S.C. 4601–4604]; Safe 

Drinking Water Act (SDWA) [42 U.S.C. 

300(f)–300(j)(6)]; Wild and Scenic 

Rivers Act [16 U.S.C. 1271–1287]; 

Emergency Wetlands Resources Act [16 

U.S.C. 3921, 3931]; TEA–21 Wetlands 

Mitigation [23 U.S.C. 103(b)(6)(m), 

133(b)(11)]; Flood Disaster Protection 

Act [42 U.S.C. 4001–4128]. 

8. Hazardous Materials: 

Comprehensive Environmental 

Response, Compensation, and Liability 

Act (CERCLA) [42 U.S.C. 9601–9675]; 

Superfund Amendments and 

Reauthorization Act of 1986 (SARA); 

Resource Conservation and Recovery 

Act (RCRA) [42 U.S.C. 6901–6992(k)]. 

9. Executive Orders: E.O. 11990 

Protection of Wetlands; E.O. 11988 

Floodplain Management; E.O. 12898, 

Federal Actions to Address 

Environmental Justice in Minority 

Populations and Low Income 

Populations; E.O. 11593 Protection and 

Enhancement of Cultural Resources; 

E.O. 13007 Indian Sacred Sites; E.O. 

13287 Preserve America; E.O. 13175 

Consultation and Coordination with 

Indian Tribal Governments; E.O. 11514 

Protection and Enhancement of 

Environmental Quality; E.O. 13112 

Invasive Species. 

(Catalog of Federal Domestic Assistance 

Program Number 20.205, Highway Planning 

and Construction. The regulations 

implementing Executive Order 12372 

regarding intergovernmental consultation on 

Federal programs and activities apply to this 

program.) 

Authority: 23 U.S.C. 139(I)(1) 

Issued on: March 6, 2009. 

Clarence W. Coleman, 

Director of Preconstruction and Environment, 

Raleigh, North Carolina. 

[FR Doc. E9–5352 Filed 3–11–09; 8:45 am] 

BILLING CODE 4910–RY–P 

DEPARTMENT OF TRANSPORTATION 

National Highway Traffic Safety 

Administration 

[NHTSA–2009–0051] 

Reports, Forms, and Recordkeeping 

Requirements 

AGENCY: National Highway Traffic 

Safety Administration (NHTSA), 

Department of Transportation. 

ACTION: Request for public comment on 

proposed collection of information. 

SUMMARY: Before a Federal agency can 

collect certain information from the 

public, it must receive approval from 

the Office of Management and Budget 

(OMB). Under procedures established 

by the Paperwork Reduction Act of 

1995, before seeking OMB approval, 

Federal agencies must solicit public 

comment on proposed collections of 

information, including extensions and 

reinstatements of previously approved 

collections. This document describes 

one collection of information for which 

NHTSA intends to seek OMB approval. 

DATES: Comments must be received on 

or before May 11, 2009. 

ADDRESSES: Direct all written comments 

to U.S. Department of Transportation 

Dockets, 1200 New Jersey Ave., SE., 

Washington, DC 20590. 

FOR FURTHER INFORMATION CONTACT: 

David Bonelli, Office of Chief Counsel, 

NCC–110, telephone (202) 366–1834, 

fax (202) 366–3820; NHTSA, 1200 New 

Jersey Ave., SE., Washington, DC 20590. 

SUPPLEMENTARY INFORMATION: Under the 

Paperwork Reduction Act of 1995, 

before an agency submits a proposed 

collection of information to OMB for 


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10804 Federal Register / Vol. 74, No. 47 / Thursday, March 12, 2009 / Notices 

approval, it must first publish a 

document in the Federal Register 

providing a 60-day comment period and 

otherwise consult with members of the 

public and affected agencies concerning 

each proposed collection of information. 

OMB has promulgated regulations 

describing what must be included in 

such a document. Under OMB’s 

regulation (at 5 CFR 1320.8(d)), an 

agency must ask for public comment on 

the following: 

(i) Whether the proposed collection of 

information is necessary for the proper 

performance of the functions of the 

agency, including whether the 

information will have practical utility; 

(ii) The accuracy of the agency’s 

estimate of the burden of the proposed 

collection of information, including the 

validity of the methodology and 

assumptions used; 

(iii) How to enhance the quality, 

utility, and clarity of the information to 

be collected; 

(iv) How to minimize the burden of 

the collection of information on those 

who are to respond, including the use 

of appropriate automated, electronic, 

mechanical, or other technological 

collection techniques or other forms of 

information technology, e.g., permitting 

electronic submission of responses. 

In compliance with these 

requirements, NHTSA asks for public 

comments on the following proposed 

collection of information: 

Title: Designation of Agent for Service 

of Process. 

OMB Control Number: 2127–0040. 

Requested Expiration Date of 

Approval: Three years from the 

approval date. 

Type of Request: Extension of 

previously approved collection. 

Affected Public: Business or other forprofit. 

Form Number: N/A. 

Abstract: This collection of 

information applies to motor vehicle 

and motor vehicle equipment 

manufacturers located outside of the 

United States (‘‘foreign manufacturers’’). 

Section 110(e) of the National Traffic 

and Motor Vehicle Safety Act of 1966 

(49 U.S.C. 30164) requires a foreign 

manufacturer offering a motor vehicle or 

motor vehicle equipment for 

importation into the United States to 

designate a permanent resident of the 

United States as its agent upon whom 

service of notices and processes may be 

made in administrative and judicial 

proceedings. These designations are 

required to be filed with NHTSA. 

NHTSA requires this information in 

case it needs to advise a foreign 

manufacturer of a safety related defect 

in its products so that the manufacturer 

can, in turn, notify purchasers and 

correct the defect. This information also 

enables NHTSA to serve a foreign 

manufacturer with all administrative 

and judicial processes, notices, orders, 

decisions and requirements. 

When NHTSA amended the 

regulation implementing that statutory 

requirement, codified at 49 CFR Part 

551, subpart D, NHTSA included an 

appendix containing a suggested 

designation form for use by foreign 

manufacturers and their agents. The 

purpose of the suggested designation 

format was to simplify the information 

collection and submission process, and 

thereby reduce the burden imposed on 

each covered manufacturer by 49 CFR 

Part 551, subpart D. To further 

streamline the information collection 

process, NHTSA has set up a customer 

Web site that may be accessed at http:// 

www.nhtsa.dot.gov/cars/rules/ 

manufacture/agent/customer.html. 

Estimated Annual Burden: 120 hours. 

Estimated Number of Respondents: 

240 respondents. 

The Comments are invited on: 

Whether the proposed collection of 

information is necessary for the proper 

performance of the functions of the 

Department, including whether the 

information will have practical utility; 

the accuracy of the Department’s 

estimate of the burden of the proposed 

information collection; ways to enhance 

the quality, utility and clarity of the 

information to be collected; and ways to 

minimize the burden of the collection of 

information on respondents, including 

the use of automated collection 

techniques or other forms of information 

technology. 

Issued on: March 9, 2009. 

John Donaldson, 

Assistant Chief Counsel for Legislation and 

General Law. 

[FR Doc. E9–5394 Filed 3–11–09; 8:45 am] 

BILLING CODE 4910–59–P 

DEPARTMENT OF TRANSPORTATION 

National Highway Traffic Safety 

Administration 

[Docket No. NHTSA–2008–0119; Notice 2] 

Goodyear Tire & Rubber Company, 

Grant of Petition for Decision of 

Inconsequential Noncompliance 

Goodyear Tire & Rubber Company 

(Goodyear), has determined that certain 

passenger car tires manufactured from 

2007 until March 2008 did not fully 

comply with paragraph S5.5(f) of 

Federal Motor Vehicle Safety Standards 

(FMVSS) No. 139 New Pneumatic 

Radial Tires for Light Vehicles. 

Goodyear has filed an appropriate report 

pursuant to 49 CFR Part 573, Defect and 

Noncompliance Responsibility and 

Reports. 

Pursuant to 49 U.S.C. 30118(d) and 

30120(h) and the rule implementing 

those provisions at 49 CFR Part 556, 

Goodyear has petitioned for an 

exemption from the notification and 

remedy requirements of 49 U.S.C. 

Chapter 301 on the basis that this 

noncompliance is inconsequential to 

motor vehicle safety. Notice of receipt of 

the petition was published, with a 30- 

day public comment period, on June 26, 

2008 in the Federal Register (73 FR 

36372). No comments were received. To 

view the petition and all supporting 

documents log onto the Federal Docket 

Management System Web site at: http:// 

www.regulations.gov/. Then follow the 

online search instructions to locate 

docket number ‘‘NHTSA–2008–0119.’’ 

For further information on this 

decision, contact Mr. George Gillespie, 

Office of Vehicle Safety Compliance, the 

National Highway Traffic Safety 

Administration (NHTSA), telephone 

(202) 366–5299, facsimile (202) 366– 

7002. 

Affected are approximately 82,636 

Dunlop SP Sport Signature passenger 

car tires that were manufactured from 

2007 until March 2008 in the following 

sizes: 

205/55R16 91V, 

225/55R16 95V, 

205/50R17 93V, 

215/55R16 93V, 

P215/55R17 93V, 

205/65R15 94V, 

P205/60R16 91V. 

Paragraph S5.5(f) of FMVSS No. 139 

requires in pertinent part: 

S5.5 Tire markings. Except as specified in 

paragraphs (a) through (i) of S5.5, each tire 

must be marked on each sidewall with the 

information specified in S5.5(a) through (d) 

and on one sidewall with the information 

specified in S5.5(e) through (i) according to 

the phase-in schedule specified in S7 of this 

standard. The markings must be placed 

between the maximum section width and the 

bead on at least one sidewall, unless the 

maximum section width of the tire is located 

in an area that is not more than one-fourth 

of the distance from the bead to the shoulder 

of the tire. If the maximum section width 

falls within that area, those markings must 

appear between the bead and a point one-half 

the distance from the bead to the shoulder of 

the tire, on at least one sidewall. The 

markings must be in letters and numerals not 

less than 0.078 inches high and raised above 

or sunk below the tire surface not less than 

0.015 inches * * * 

(f) The actual number of plies in the 

sidewall, and the actual number of plies in 

the tread area, if different; * * * 


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