Reports, Forms, and Recordkeeping Requirements, 63049-63050 [E8-25158]
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Federal Register / Vol. 73, No. 205 / Wednesday, October 22, 2008 / Notices
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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
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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
https://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)
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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:
https://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
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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]
-----------------------------------------------------------------------
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.
-----------------------------------------------------------------------
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 https://
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