Reports, Forms, and Recordkeeping Requirements, 63049-63050 [E8-25158]

Download as PDF Federal Register / Vol. 73, No. 205 / Wednesday, October 22, 2008 / Notices sroberts on PROD1PC70 with NOTICES conditions tax visual capacity and driver response just as intensely as interstate driving conditions. The veteran drivers in this proceeding have operated CMVs safely under those conditions for at least 3 years, most for much longer. Their experience and driving records lead us to believe that each applicant is capable of operating in interstate commerce as safely as he/she has been performing in intrastate commerce. Consequently, FMCSA finds that exempting these applicants from the vision standard in 49 CFR 391.41(b)(10) is likely to achieve a level of safety equal to that existing without the exemption. For this reason, the Agency is granting the exemptions for the 2-year period allowed by 49 U.S.C. 31136(e) and 31315 to the 25 applicants listed in the notice of September 4, 2008 (73 FR 51689). We recognize that the vision of an applicant may change and affect his/her ability to operate a CMV as safely as in the past. As a condition of the exemption, therefore, FMCSA will impose requirements on the 26 individuals consistent with the grandfathering provisions applied to drivers who participated in the Agency’s vision waiver program. Those requirements are found at 49 CFR 391.64(b) and include the following: (1) That each individual be physically examined 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 the individual is otherwise physically qualified under 49 CFR 391.41; (2) that each individual 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 each individual provide a copy of the annual medical certification to the employer for retention in the driver’s qualification file, or keep a copy in his/her driver’s qualification file if he/she is selfemployed. The driver must also have a copy of the certification when driving, for presentation to a duly authorized Federal, State, or local enforcement official. Discussion of Comments FMCSA received three comments in this proceeding. The comments were considered and discussed below. One of the comments was a recommendation in favor of granting the Federal vision exemption to Kevin Quastad, the second was a recommendation in favor of granting the VerDate Aug<31>2005 17:50 Oct 21, 2008 Jkt 217001 Federal vision exemption to all applicants. Advocates for Highway and Auto Safety (Advocates) expressed opposition to FMCSA’s policy to grant exemptions from the FMCSRs, including the driver qualification standards. Specifically, Advocates: (1) Objects to the manner in which FMCSA presents driver information to the public and makes safety determinations; (2) objects to the Agency’s reliance on conclusions drawn from the vision waiver program; (3) claims the Agency has misinterpreted statutory language on the granting of exemptions (49 U.S.C. 31136(e) and 31315); and finally (4) suggests that a 1999 Supreme Court decision affects the legal validity of vision exemptions. The issues raised by Advocates were addressed at length in 64 FR 51568 (September 23, 1999), 64 FR 66962 (November 30, 1999), 64 FR 69586 (December 13, 1999), 65 FR 159 (January 3, 2000), 65 FR 57230 (September 21, 2000), and 66 FR 13825 (March 7, 2001). We will not address these points again here, but refer interested parties to those earlier discussions. Conclusion Based upon its evaluation of the 26 exemption applications, FMCSA exempts, Larry W. Barnes, Rick A. Benevides, Jack E. Benjamin, Allen S. Bush, Todd A. Chapman, Delone W. Dudley, Irvin L. Eaddy, Herman Hicks, James W. Lappan, Ralph Landers, Jeromy W. Leatherman, Ernest B. Martin, Mark L. McWhorter, Charles D. Messier, Raymond C. Miller, Dennis E. Palmer, Jr., Gary W. Phelps, Kevin L. Quastad, John E. Rains, James D. St. Peter, Michael Sutton, Sylvester Silver, Sylvester Silver, William R. Thomas, Terrence L. Trautman, and David Vallier, from the vision requirement in 49 CFR 391.41(b)(10), subject to the requirements cited above (49 CFR 391.64(b)). In accordance with 49 U.S.C. 31136(e) and 31315, each exemption will be valid for 2 years unless revoked earlier by FMCSA. The exemption will be revoked if: (1) The person 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. 31136 and 31315. If the exemption is still effective at the end of the 2-year period, the person may apply to FMCSA for a renewal under procedures in effect at that time. PO 00000 Frm 00101 Fmt 4703 Sfmt 4703 63049 Issued on: October 14, 2008. Larry W. Minor, Associate Administrator for Policy and Program Development. [FR Doc. E8–25176 Filed 10–21–08; 8:45 am] BILLING CODE 4910–EX–P DEPARTMENT OF TRANSPORTATION National Highway Traffic Safety Administration [U.S. DOT Docket Number NHTSA–2008– 0162] Reports, Forms, and Recordkeeping Requirements National Highway Traffic Safety Administration (NHTSA), United States Department of Transportation. ACTION: Request for public comment on proposed collection of information. AGENCY: 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 reinstatement 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 December 22, 2008. ADDRESSES: Comments must refer to the docket notice numbers cited at the beginning of this notice and be submitted to Docket Management Facility, West Building, Room W12– 140, 1200 New Jersey Avenue, SE., Washington, DC 20590. The Docket Management office is open on weekdays, except Federal holidays, from 9 a.m. to 5 p.m. You may call the office at 202–647–5527. You may also submit comments electronically at http://www.regulations.gov. Please identify the proposed collection of information for which a comment is provided, by referencing its OMB clearance Number. It is requested, but not required, that 2 copies of the comment be provided. FOR FURTHER INFORMATION CONTACT: Complete copies of each request for collection of information may be obtained at no charge from Mr. Santiago Navarro, Office of Crash Avoidance Standards, 1200 New Jersey Avenue, SE., Washington, DC 20590. Mr. Navarro’s telephone number is (202) 493–0248. His FAX number is (202) E:\FR\FM\22OCN1.SGM 22OCN1 sroberts on PROD1PC70 with NOTICES 63050 Federal Register / Vol. 73, No. 205 / Wednesday, October 22, 2008 / Notices 493–2739. Please identify the relevant collection of information by referring to its OMB Control Number. SUPPLEMENTARY INFORMATION: Under the Paperwork Reduction Act of 1995, before an agency submits a proposed collection of information to OMB for 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. The 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 collections of information: Title: Tires and Rims Labeling. OMB Control Number: 2127–0503. Requested Expiration Date of Approval: Three years from the approval date. Type of Request: Extension of a currently approved collection. Affected Public: Tire and rim manufacturers. Form Number: This collection of information uses no standard forms. Abstract: Each tire manufacturer and rim manufacturer must label their tire or rim with the applicable safety information. These labeling requirements ensure that tires are mounted on the appropriate rims; and that the rims and tires are mounted on the vehicles for which they are intended. Estimated Annual Burden: 265,647 hours. Estimated Number of Respondents: 2,274. VerDate Aug<31>2005 17:50 Oct 21, 2008 Jkt 217001 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: October 16, 2008. Stephen R. Kratzke, Associate Administrator for Rulemaking. [FR Doc. E8–25158 Filed 10–21–08; 8:45 am] BILLING CODE 4910–59–P DEPARTMENT OF TRANSPORTATION National Highway Traffic Safety Administration [Docket No. NHTSA–2008–0103; Notice 2] Chrysler, LLC, Grant of Petition for Decision of Inconsequential Noncompliance Chrysler, LLC (Chrysler) has determined that certain vehicles that it manufactured during the period of March 14, 2006 through March 20, 2008, do not fully comply with paragraph S4.3 of 49 CFR 571.110 (Federal Motor Vehicle Safety Standard (FMVSS) No. 110 Tire Selection and Rims for Motor Vehicles With a GVWR of 4,536 Kilograms (10,000 Pounds) or Less). Chrysler 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, Chrysler 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 30day public comment period, on June 5, 2008 in the Federal Register (73 FR 32076). 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– 0103.’’ For further information on this decision, contact Mr. John Finneran, PO 00000 Frm 00102 Fmt 4703 Sfmt 4703 Office of Vehicle Safety Compliance, the National Highway Traffic Safety Administration (NHTSA), telephone (202) 366–0645, facsimile (202) 366– 7097. Affected are approximately 1,886 model year 2007–2008 Jeep Wrangler right-hand drive (RHD) multipurpose passenger vehicles (MPV). Paragraph S4.3 of 49 CFR 571.110 requires in pertinent part that: S4.3 Placard. Each vehicle, except for a trailer or incomplete vehicle, shall show the information specified in S4.3 (a) through (g), and may show, at the manufacturer’s option, the information specified in S4.3 (h) and (i), on a placard permanently affixed to the driver’s side B-pillar. In each vehicle without a driver’s side B-pillar and with two doors on the driver’s side of the vehicle opening in opposite directions, the placard shall be affixed on the forward edge of the rear side door. If the above locations do not permit the affixing of a placard that is legible, visible and prominent, the placard shall be permanently affixed to the rear edge of the driver’s side door. If this location does not permit the affixing of a placard that is legible, visible and prominent, the placard shall be affixed to the inward facing surface of the vehicle next to the driver’s seating position. This information shall be in the English language and conform in color and format, not including the border surrounding the entire placard, as shown in the example set forth in Figure 1 in this standard. At the manufacturer’s option, the information specified in S4.3 (c), (d), and, as appropriate, (h) and (i) may be shown, alternatively to being shown on the placard, on a tire inflation pressure label which must conform in color and format, not including the border surrounding the entire label, as shown in the example set forth in Figure 2 in this standard. The label shall be permanently affixed and proximate to the placard required by this paragraph. The information specified in S4.3 (e) shall be shown on both the vehicle placard and on the tire inflation pressure label (if such a label is affixed to provide the information specified in S4.3 (c), (d), and, as appropriate, (h) and (i)) and may be shown in the format and color scheme set forth in Figures 1 and 2. Chrysler stated that the noncompliance is that the required placard was installed on the passenger’s side (left side) door on each of the subject RHD vehicles, rather than on the driver’s side (right side) door. Chrysler explains that the subject vehicles were sold primarily for use by rural postal carriers, since RHD makes it easier for the carriers to access mailboxes located along the right side of the roadway. The relevant portion of S4.3 of FMVSS No. 110, entitled ‘‘Placard,’’ provides as follows: ‘‘Each vehicle, except for a trailer or incomplete vehicle, shall show the information specified in S4.3(a) through (g) * * * on a placard permanently E:\FR\FM\22OCN1.SGM 22OCN1

Agencies

[Federal Register Volume 73, Number 205 (Wednesday, October 22, 2008)]
[Notices]
[Pages 63049-63050]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-25158]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[U.S. DOT Docket Number NHTSA-2008-0162]


Reports, Forms, and Recordkeeping Requirements

AGENCY: National Highway Traffic Safety Administration (NHTSA), United 
States Department of Transportation.

ACTION: Request for public comment on proposed collection of 
information.

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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 reinstatement 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 December 22, 2008.

ADDRESSES: Comments must refer to the docket notice numbers cited at 
the beginning of this notice and be submitted to Docket Management 
Facility, West Building, Room W12-140, 1200 New Jersey Avenue, SE., 
Washington, DC 20590. The Docket Management office is open on weekdays, 
except Federal holidays, from 9 a.m. to 5 p.m. You may call the office 
at 202-647-5527. You may also submit comments electronically at http://
www.regulations.gov. Please identify the proposed collection of 
information for which a comment is provided, by referencing its OMB 
clearance Number. It is requested, but not required, that 2 copies of 
the comment be provided.

FOR FURTHER INFORMATION CONTACT: Complete copies of each request for 
collection of information may be obtained at no charge from Mr. 
Santiago Navarro, Office of Crash Avoidance Standards, 1200 New Jersey 
Avenue, SE., Washington, DC 20590. Mr. Navarro's telephone number is 
(202) 493-0248. His FAX number is (202)

[[Page 63050]]

493-2739. Please identify the relevant collection of information by 
referring to its OMB Control Number.

SUPPLEMENTARY INFORMATION: Under the Paperwork Reduction Act of 1995, 
before an agency submits a proposed collection of information to OMB 
for 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. The 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 collections of information:
    Title: Tires and Rims Labeling.
    OMB Control Number: 2127-0503.
    Requested Expiration Date of Approval: Three years from the 
approval date.
    Type of Request: Extension of a currently approved collection.
    Affected Public: Tire and rim manufacturers.
    Form Number: This collection of information uses no standard forms.
    Abstract: Each tire manufacturer and rim manufacturer must label 
their tire or rim with the applicable safety information. These 
labeling requirements ensure that tires are mounted on the appropriate 
rims; and that the rims and tires are mounted on the vehicles for which 
they are intended.
    Estimated Annual Burden: 265,647 hours.
    Estimated Number of Respondents: 2,274.
    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: October 16, 2008.
Stephen R. Kratzke,
Associate Administrator for Rulemaking.
[FR Doc. E8-25158 Filed 10-21-08; 8:45 am]
BILLING CODE 4910-59-P