5266 Federal Register / Vol. 70, No. 20 / Tuesday, February 1, 2005 / Notices 

e.t., Monday through Friday, except 

Federal holidays.

SUPPLEMENTARY INFORMATION: Public 

Participation: The DMS is available 24 

hours each day, 365 days each year. You 

can get electronic submission and 

retrieval help guidelines under the 

‘‘help’’ section of the DMS Web site. If 

you want us to notify you that we 

received your comments, please include 

a self-addressed, stamped envelope or 

postcard or print the acknowledgement 

page that appears after submitting 

comments on-line. 

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 the Department of 

Transportation’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. 

Exemption Decision 

Under 49 U.S.C. 31315 and 31136(e), 

the FMCSA may renew an exemption 

from the vision requirement in 49 CFR 

391.41(b)(10), which applies to drivers 

of CMVs in interstate commerce, for a 

two-year period if it finds ‘‘such 

exemption would likely achieve a level 

of safety that is equivalent to, or greater 

than, the level that would be achieved 

absent such exemption.’’ The 

procedures for requesting an exemption 

(including renewals) are set out in 49 

CFR part 381. This notice addresses Mr. 

Willie F. Adams, who has requested 

renewal of his exemption in a timely 

manner. The FMCSA has evaluated his 

application for renewal on its merits 

and decided to extend the exemption for 

a renewable two-year period. 

This exemption is extended subject to 

the following conditions: (1) That Mr. 

Adams have a physical exam every year 

(a) by an ophthalmologist or optometrist 

who attests that the vision in the better 

eye continues to meet the standard in 49 

CFR 391.41(b)(10), and (b) by a medical 

examiner who attests that Mr. Adams is 

otherwise physically qualified under 49 

CFR 391.41; (2) that Mr. Adams provide 

a copy of the ophthalmologist’s or 

optometrist’s report to the medical 

examiner at the time of the annual 

medical examination; and (3) that Mr. 

Adams provide a copy of the annual 

medical certification to the employer for 

retention in his driver’s qualification 

file and retain a copy of the certification 

on his person while driving for 

presentation to a duly authorized 

Federal, State, or local enforcement 

official. The exemption will be valid for 

two years unless rescinded earlier by 

the FMCSA. The exemption will be 

rescinded if: (1) Mr. Adams fails to 

comply with the terms and conditions 

of the exemption; (2) the exemption has 

resulted in a lower level of safety than 

was maintained before it was granted; or 

(3) continuation of the exemption would 

not be consistent with the goals and 

objectives of 49 U.S.C. 31315 and 

31136(e). 

Basis for Renewing the Exemption 

Under 49 U.S.C. 31315(b)(1), an 

exemption may be granted for no longer 

than two years from its approval date 

and may be renewed upon application 

for additional two-year periods. In 

accordance with 49 U.S.C. 31315 and 

31136(e), Mr. Adams has satisfied the 

entry conditions for obtaining an 

exemption from the vision requirements 

(65 FR 45817, 65 FR 77066, and 67 FR 

71610). He has requested timely renewal 

of the exemption and has submitted 

evidence showing that the vision in his 

better eye continues to meet the 

standard specified at 49 CFR 

391.41(b)(10) and that the vision 

impairment is stable. In addition, a 

review of his record of safety while 

driving with his vision deficiency over 

the past two years indicates he 

continues to meet the vision exemption 

standards. These factors provide an 

adequate basis for predicting his ability 

to continue to drive safely in interstate 

commerce. Therefore, the FMCSA 

concludes that extending the exemption 

for a period of two years is likely to 

achieve a level of safety equal to that 

existing without the exemption. 

Comments 

The FMCSA will review comments 

received at any time concerning Mr. 

Adams’ safety record and determine if 

the continuation of the exemption is 

consistent with the requirements at 49 

U.S.C. 31315 and 31136(e). However, 

the FMCSA requests that interested 

parties with specific data concerning his 

safety record submit comments by 

March 3, 2005. 

In the past the FMCSA has received 

comments from Advocates for Highway 

and Auto Safety (Advocates) expressing 

continued opposition to the FMCSA’s 

procedures for renewing exemptions 

from the vision requirement in 49 CFR 

391.41(b)(10). Specifically, Advocates 

objects to the agency’s extension of the 

exemptions without any opportunity for 

public comment prior to the decision to 

renew, and reliance on a summary 

statement of evidence to make its 

decision to extend the exemption of 

each driver. 

The issues raised by Advocates were 

addressed at length in 69 FR 51346 

(August 18, 2004). The FMCSA 

continues to find its exemption process 

appropriate to the statutory and 

regulatory requirements.

Issued on: January 24, 2005. 

Pamela M. Pelcovits, 

Director, Policy, Plans, and Program 

Development.

[FR Doc. 05–1755 Filed 1–31–05; 8:45 am] 

BILLING CODE 4910–EX–P

DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety 

Administration 

Reports, Forms, and Record Keeping 

Requirements; Agency Information 

Collection Activity Under OMB Review

AGENCY: National Highway Traffic 

Safety Administration (NHTSA), 

Department of Transportation.

ACTION: Notice.

SUMMARY: In compliance with the 

Paperwork Reduction Act of 1995 (44 

U.S.C. 3501 et seq.), this notice 

announces that the Information 

Collection Request (ICR) abstracted 

below has been forwarded to the Office 

of Management and Budget (OMB) for 

review and comment. The ICR describes 

the nature of the information collections 

and their expected burden. The Federal 

Register document with a 60-day 

comment period was published on 

September 29, 2004 [69 FR 58219].

DATES: Comments must be received on 

or before March 3, 2005.

FOR FURTHER INFORMATION CONTACT:

Carlita Ballard at the National Highway 

Traffic Safety Administration, Office of 

Planning and Consumer Standards, 

(NVS–131), 202–366–0307, 400 Seventh 

Street, SW., Room 5320, Washington, 

DC 20590.

SUPPLEMENTARY INFORMATION: 

National Highway Traffic Safety 

Administration 

Title: 49 CFR Part 542; Procedures for 

Selecting Lines to be Covered by the 

Theft Prevention Standard. 

OMB Control Number: 2127–0539. 

Type of Request: Request for public 

comment on a previously approved 

collection of information. 

Abstract: The Anti Car Theft Act of 

1992 amended the Motor Vehicle Theft 

Law Enforcement Act of 1984 (P.L. 98–

547) and requires this collection of 

information. One component of the theft 

prevention legislation required the 

Secretary of Transportation (delegated 

to the National Highway Traffic Safety 

Federal Register / Vol. 70, No. 20 / Tuesday, February 1, 2005 / Notices 5267

Administration NHTSA)) to promulgate 

a theft prevention standard for the 

designation of high-theft vehicle lines. 

Provisions delineating the information 

collection requirements include section 

33104, which requires NHTSA to 

promulgate a rule for the identification 

of major component parts for vehicles 

having or expected to have theft rate 

above the median rate for all new 

passenger motor vehicles sold in the 

United States, as well as with major 

component parts that interchangeable 

with those having high-theft rates. 

The specific lines and parts to be 

identified are to be selected by 

agreement between the manufacturer 

and the agency. If there is a 

disagreement of the selection, the 

statute states that the agency shall select 

such lines and parts, after notice to the 

manufacturer and an opportunity for 

written comment. 

In a final rule published on April 6, 

2004, the Federal Motor Vehicle Theft 

Prevention Standard was extended to 

include all passenger cars and 

multipurpose passenger vehicles with a 

gross vehicle weight rating of 6,000 

pounds or less, and to light duty trucks 

with major parts that are 

interchangeable with a majority of the 

covered major parts of multipurpose 

passenger vehicles. The final rule 

becomes effective September 1, 2006. 

Affected Public: Business or other forprofit. 

Estimated Total Annual Burden: 45 

hours.

ADDRESSES: Send comments, within 30 

days, to the Office of Information and 

Regulatory Affairs, Office of 

Management and Budget, 725 17th 

street, NW., Washington, DC 20503, 

Attention: NHTSA Desk Officer. 

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. 

A Comment to OMB is most effective if 

OMB receives it within 30 days of 

publication.

Issued in Washington, DC on January 25, 

2005. 

Stephen R. Kratzke, 

Associate Administrator for Rulemaking.

[FR Doc. 05–1759 Filed 1–31–05; 8:45 am] 

BILLING CODE 4910–59–P

DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety 

Administration 

[DOCKET NO. NHTSA 2005–20046; Notice 

1] 

Bridgestone/Firestone North America 

Tire, LLC. Receipt of Application for 

Decision of Inconsequential 

Noncompliance 

Bridgestone/Firestone North America 

Tire, LLC has determined that 

approximately 757 size P175/65R14, 

Bridgestone WS50Z tires do not meet 

the labeling requirements mandated by 

Federal Motor Vehicle Safety Standard 

(FMVSS) No. 109, ‘‘New Pneumatic 

Tires.’’

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

30120(h), Bridgestone/Firestone has 

petitioned for a determination that this 

noncompliance is inconsequential to 

motor vehicle safety and has filed an 

appropriate report pursuant to 49 CFR 

Part 573, ‘‘Defect and Noncompliance 

Reports.’’ FMVSS No. 109 (S4.3 (e)) 

requires that each tire shall have 

permanently molded into or onto both 

sidewalls the actual number of plies in 

the sidewall, and the actual number of 

plies in the tread area if different. 

The noncompliance with S4.3 (e) 

relates to the sidewall markings. 

Bridgestone/Firestone Nasu, Japan Plant 

produced approximately 937 tires with 

incorrect markings during the DOT 

weeks of 2702, 1203, and 1303. The 

noncompliant tires were marked: ‘‘2 

STEEL & 1 PLY.’’ The correct marking 

required by FMVSS No. 109 is as 

follows: ‘‘2 STEEL & 1 PLY & 1 

NYLON.’’

Bridgestone/Firestone stated that the 

noncompliant tires were actually 

constructed with more polyester 

sidewall plies than indicated on the 

sidewall marking. Therefore, 

Bridgestone/Firestone believes this 

noncompliance is particularly unlikely 

to have an adverse affect on motor 

vehicle safety and is clearly 

inconsequential in that regard. The 

noncompliant tires meet or exceed all 

performance requirements of FMVSS 

No. 109 and will have no impact on the 

operational performance or safety of 

vehicles on which these tires are 

mounted. 

Interested persons are invited to 

submit written data, views, and 

arguments on the application described 

above. Comments should refer to the 

docket number and be submitted to: 

U.S. Department of Transportation, 

Docket Management, Room PL–401, 400 

Seventh Street, SW., Washington, DC 

20590. It is requested that two copies be 

submitted. 

All comments received before the 

close of business on the closing date 

indicated below will be considered. The 

application and supporting materials, 

and all comments received after the 

closing date, will also be filed and will 

be considered to the extent possible. 

When the application is granted or 

denied, the notice will be published in 

the Federal Register pursuant to the 

authority indicated below. Comment 

closing date: March 3, 2005.

(49 U.S.C. 301118, 301120; delegations of 

authority at 49 CFR 1.50 and 501.8)

Issued on: January 25, 2005. 

Stephen R. Kratzke, 

Associate Administrator for Rulemaking.

[FR Doc. 05–1758 Filed 1–31–05; 8:45 am] 

BILLING CODE 4910–59–P

DEPARTMENT OF TRANSPORTATION

Surface Transportation Board 

Release of Waybill Data 

The Surface Transportation Board has 

received a request from GATX Rail 

(WB512–10—12/17/04), for permission 

to use certain data from the Board’s 

Carload Waybill Samples. A copy of this 

request may be obtained from the Office 

of Economics, Environmental Analysis, 

and Administration. 

The waybill sample contains 

confidential railroad and shipper data; 

therefore, if any parties object to this 

request, they should file their objections 

with the Director of the Board’s Office 

of Economics, Environmental Analysis, 

and Administration within 14 calendar 

days of the date of this notice. The rules 

for release of waybill data are codified 

at 49 CFR 1244.9.

FOR FURTHER INFORMATION CONTACT: Mac 

Frampton, (202) 565–1541.

Vernon A. Williams, 

Secretary.

[FR Doc. 05–1818 Filed 1–31–05; 8:45 am] 

BILLING CODE 4915–01–P