Federal Register / Vol. 70, No. 221 / Thursday, November 17, 2005 / Rules and Regulations 69687 

engine is described in Appendix 6 to 

ICAO Annex 16 (incorporated by 

reference in § 87.8). Other methods of 

demonstrating compliance may be 

approved by the Secretary with the 

concurrence of the Administrator. 

Subpart H—[Amended] 

■ 7. Section 87.82 is revised to read as 

follows: 

§ 87.82 Sampling and analytical 

procedures for measuring smoke exhaust 

emissions. 

The system and procedures for 

sampling and measurement of smoke 

emissions shall be as specified by 

Appendix 2 to ICAO Annex 16 

(incorporated by reference in § 87.8). 

■ 8. Section 87.89 is revised to read as 

follows: 

§ 87.89 Compliance with smoke emission 

standards. 

Compliance with each smoke 

emission standard shall be determined 

by comparing the plot of SN as a 

function of power setting with the 

applicable emission standard under this 

part. The SN at every power setting 

must be such that there is a high degree 

of confidence that the standard will not 

be exceeded by any engine of the model 

being tested. An acceptable alternative 

to testing every engine is described in 

Appendix 6 to ICAO Annex 16 

(incorporated by reference in § 87.8). 

[FR Doc. 05–22704 Filed 11–16–05; 8:45 am] 

BILLING CODE 6560–50–U 

DEPARTMENT OF THE INTERIOR 

Bureau of Land Management 

43 CFR Part 1820 

[WO 630–1610–EI–25–2Z] 

RIN 1004–AD77 

Application Procedures, Execution and 

Filing of Forms: Correction of State 

Office Address for Filings and 

Recordings, Proper Offices for 

Recording of Mining Claims 

AGENCY: Bureau of Land Management, 

Interior. 

ACTION: Final rule. 

SUMMARY: This final rule amends the 

regulations pertaining to execution and 

filing of forms in order to reflect the 

new address of the Arizona State Office 

of the Bureau of Land Management 

(BLM), which moved on October 5, 

2005. All filings and other documents 

relating to public lands in Arizona must 

be filed at the new address of the State 

Office. 

EFFECTIVE DATE: November 17, 2005. 

FOR FURTHER INFORMATION CONTACT: 

Diane Williams, Regulatory Affairs 

Group, (202) 452–5030. Persons who 

use a telecommunications device for the 

deaf (TDD) may call the Federal 

Information Relay Service (FIRS) at 1–

800–877–8339, 24 hours a day, 7 days 

a week. 

ADDRESSES: You may send inquiries or 

suggestions to Director (630), Bureau of 

Land Management, Eastern States 

Office, 7450 Boston Boulevard, 

Springfield, Virginia 22153; Attention: 

RIN 1004–AD77. 

SUPPLEMENTARY INFORMATION: 

I. Background 

II. Procedural Matters 

I. Background 

This final rule reflects the 

administrative action of changing the 

address of the Arizona State Office of 

the BLM. It changes the street address 

for the personal filing of documents 

relating to public lands in Arizona, but 

makes no other changes in filing 

requirements. The BLM has determined 

that it has no substantive impact on the 

public, imposes no costs, and merely 

updates a list of addresses included in 

the Code of Federal Regulations for the 

convenience of the public. The 

Department of the Interior, therefore, for 

good cause finds under 5 U.S.C. 553 

(b)(B) and 553 (d)(3) that notice and 

public comment procedures are 

unnecessary and that the rule may take 

effect upon publication. 

II. Procedural Matters 

Regulatory Planning and Review 

(Executive Order 12866) 

This final rule is an administrative 

action to change the address for one 

BLM State Office. This rule was not 

subject to review by the Office of 

Management and Budget under 

Executive Order 12866. It imposes no 

costs, and merely updates a list of 

addresses included in the Code of 

Federal Regulations for the convenience 

of the public. 

National Environmental Policy Act 

This final rule is a purely 

administrative regulatory action having 

no effect upon the public or the 

environment, it has been determined 

that the rule is categorically excluded 

from review under section 102(2)(C) of 

the National Environmental Policy Act 

of 1969 (42 U.S.C. 4332(2)(C)). 

Regulatory Flexibility Act 

Congress enacted the Regulatory 

Flexibility Act of 1980 (5 U.S.C. 601, et 

seq.) to ensure that Government 

regulations do not unnecessarily or 

disproportionately burden small 

entities. This final rule is a purely 

administrative regulatory action having 

no effects upon the public or the 

environment, it has been determined 

that the rule will not have a significant 

effect on the economy or small entities. 

Small Business Regulatory Enforcement 

Fairness Act 

This final rule is a purely 

administrative regulatory action having 

no effects upon the public or the 

economy. This is not a major rule under 

Small Business Regulatory Enforcement 

Fairness Act (5 U.S.C. 804(2)). It should 

not have an annual effect on the 

economy of $100 million or more. The 

rule will not cause a major increase in 

costs of prices for consumers, individual 

industries, Federal, State, or local 

government agencies, or geographic 

regions. It will not have significant 

adverse effects on competition, 

employment, investment, productivity, 

innovation, or the ability of United 

States-based enterprises to compete 

with foreign-based enterprises. 

Unfunded Mandate Reform Act of Act 

The BLM has determined that the 

final rule is not significant under the 

Unfunded Mandates Reform Act of 1995 

because it will not result in the 

expenditure by State, local, and tribal 

governments, in the aggregates, or by the 

private sector, of $100 million or more 

in any one year. 

Further, the final rule will not 

significantly or uniquely affect small 

governments. It does not require action 

by any non-federal government entity. 

Therefore, the information required by 

the Unfunded Mandates Reform Act (2 

U.S.C. 1531 et. seq.), is not required. 

Executive Order 12630, Government 

Action and Interference With 

Constitutionally Protected Property 

Rights (Takings) 

As required by Executive Order 

12630, the Department of the Interior 

has determined that the rule would not 

cause a taking of private property. No 

private property rights would be 

affected by a rule that merely reports an 

address change for the Arizona State 

Office. The Department therefore 

certifies that this final rule does not 

represent a governmental action capable 

of interference with constitutionally 

protected property rights. 

69688 Federal Register / Vol. 70, No. 221 / Thursday, November 17, 2005 / Rules and Regulations 

1Above median theft rate LDTs are still subject 

to the parts marking requirements. Below median 

theft rate LDTs which do not have major parts that 

are interchangeable are not subject to the 

requirements. 

Executive Order 13132, Federalism 

In accordance with Executive Order 

13132, the BLM finds that the rule does 

not have sufficient federalism 

implications to warrant the preparation 

of a federalism summary impact 

statement. The final rule does not have 

substantial direct effects on the States, 

on the relationship between the national 

governments and the States, or the 

distribution of power and the 

responsibilities among the various 

levels of government. This final rule 

does not preempt State law. 

Executive Order 12988, Civil Justice 

Reform 

This final rule is a purely 

administrative regulatory action having 

no effects upon the public and will not 

unduly burden the judicial system and 

meets the requirements of sections 3(a) 

and 3(b)(2) of the Executive Order. 

Executive Order 13175, Consultation 

and Coordination With Indian Tribal 

Governments 

In accordance with the Executive 

Order 13175, the BLM finds that the 

rule does not include policies that have 

tribal implications. This final rule is a 

purely an administrative action having 

no effects upon the public or the 

environment, imposing no costs, and 

merely updating the BLM, Arizona State 

Office address included in the Code of 

Federal Regulations. 

Executive Order 13211, Actions 

Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use 

In accordance with the Executive 

Order 13211, the BLM has determined 

that the final rule will not have 

substantial direct effects on the energy 

supply, distribution or use, including a 

shortfall in supply or price increase. 

This final rule is a purely administrative 

action and has no implications under 

Executive Order 13211. 

Paperwork Reduction Act 

The Paperwork Reduction Act does 

not apply because the rule does not 

contain any information collection 

requirements that require the approval 

of the Office of Management and Budget 

under 44 U.S.C. 3501, et seq. 

Author 

The principal author of this rule is 

Diane O. Williams, Regulatory Affairs 

Group (WO 630). 

List of Subjects in 43 CFR Part 1820 

Administrative practice and 

procedure; Archives and records; Public 

lands. 

Dated: October 28, 2005. 

Chad Calvert, 

Acting Assistant Secretary, Land and 

Minerals Management. 

■ For the reasons discussed in the 

preamble, the Bureau of Land 

Management amends 43 CFR part 1820 

as follows: 

PART 1820—APPLICATION 

PROCEDURES 

■ 1. The authority citation for part 1820 

continues to read as follows: 

Authority: 5 U.S.C. 552, 43 U.S.C. 2, 1201, 

1733, and 1740. 

Subpart 1821—General Information 

■ 2. Amend section 1821.10 by 

amending paragraph (a) by revising the 

location and address of the Bureau of 

Land Management State Office in 

Arizona to read as follows: 

§ 1821.10 Where are BLM offices located? 

(a) * * * 

STATE OFFICES AND AREAS OF 

JURISDICTION 

* * * * * 

Arizona State Office, One North 

Central Avenue, Phoenix, Arizona 

85004–2203—Arizona. 

* * * * * 

[FR Doc. 05–22780 Filed 11–16–05; 8:45 am] 

BILLING CODE 4310–84–P 

DEPARTMENT OF TRANSPORTATION 

National Highway Traffic Safety 

Administration 

49 CFR Parts 541, 543, and 545 

[Docket No. NHTSA–05–21233; Notice 2] 

Federal Motor Vehicle Theft Prevention 

Standard 

AGENCY: National Highway Traffic 

Safety Administration (NHTSA), 

Department of Transportation (DOT). 

ACTION: Denial of petition for 

reconsideration. 

SUMMARY: This document denies a 

petition for reconsideration of the 

agency’s newly expanded parts marking 

requirements. The Anti Car Theft Act of 

1992 required NHTSA to conduct a 

rulemaking to extend the parts marking 

requirements of that Standard to all 

passenger cars and multipurpose 

passenger vehicles with a gross vehicle 

weight rating of 6,000 pounds or less 

regardless of theft rate, unless the 

Attorney General found that such a 

requirement would not substantially 

inhibit chop shop operations and motor 

vehicle thefts. The initial final rule 

extending the parts marking 

requirement was published in April of 

2004. In May 2005, NHTSA responded 

to petitions for reconsideration of the 

April 2004 final rule and established a 

phase in schedule for the new 

requirements. We also decided to 

exclude vehicle lines with annual 

production of not more than 3,500 

vehicles from the parts marking 

requirements because the benefits of 

marking these vehicle lines would be 

trivial or of no value. 

The agency received a petition for 

reconsideration of the May 2005 final 

rule from International Association of 

Auto Theft Investigators. The petition 

asked the agency to reconsider the 

phase-in and small volume exclusion as 

it applied to large volume vehicle 

manufacturers. This document denies 

that petition because it did not provide 

sufficient information in support of 

their request to reconsider the May 2005 

final rule. 

FOR FURTHER INFORMATION CONTACT: For 

technical and policy issues, you may 

call Rosalind Proctor, Office of 

International Policy, Fuel Economy and 

Consumer Programs, (Telephone: 202–

366–0846) (Fax: 202–493–2290). 

For legal issues, you may call George 

Feygin, Office of Chief Counsel 

(Telephone: 202–366–2992) (Fax: 202–

366–3820). 

SUPPLEMENTARY INFORMATION: On April 

6, 2004, the agency published a final 

rule extending the anti-theft parts 

marking requirements (Part 541) to (1) 

all below median theft rate passenger 

cars and multipurpose passenger 

vehicles (MPVs) that have a gross 

vehicle weight rating (GVWR) of 6,000 

pounds or less, and (2) all below median 

theft rate light duty trucks with a GVWR 

of 6,000 pounds or less and major parts 

that are interchangeable with a majority 

of the covered major parts of passenger 

cars or MPVs subject to the parts 

marking requirements.1 (69 FR 17960) 

The Anti Car Theft Act of 1992 required 

this final rule unless the Attorney 

General made a finding that the 

extension would not substantially 

inhibit chop shop operations and motor 

vehicle thefts. The final rule is effective 

September 1, 2006. 

On May 19, 2005, the agency 

published a final rule responding to 

petitions for reconsideration of the 2004