60-day Federal Register Notice (69 FR 55490)

55490

Federal Register / Vol. 69, No. 177 / Tuesday, September 14, 2004 / Notices

Domestic and foreign air carriers may
submit copies of written comments
previously provided to Pangborn
Memorial Airport, under section 158.23
of part 158.
Ms.
Suzanne Lee-Pang, (425) 227–2654,
Seattle Airports District Office, SEA–
ADO; Federal Aviation Administration;
1601 Lind Avenue SW., Suite 250,
Renton, Washington 98055–4056. The
application may be reviewed in person
at this same location.

FOR FURTHER INFORMATION CONTACT:

The FAA
proposes to rule and invites public
comment on the application 04–06–C–
00–EAT to impose and use PFC revenue
at Pangborn Memorial Airport, under
the provisions of 49 U.S.C. 40117 and
part 158 of the Federal Aviation
Regulations (14 CFR part 158).
On September 7, 2004, the FAA
determined that the application to
impose and use the revenue from a PFC
submitted by Ports of Chelan and
Douglas Counties, Pangborn Memorial
Airport, Wenatchee, Washington, was
substantially complete within the
requirements of section 158.25 of part
158. The FAA will approve or
disapprove the application, in whole or
in part, no later than December 8, 2004.
The following is a brief overview of
the application.
Level of the proposed PFC: $4.50.
Proposed charge effective date:
February 1, 2005.
Proposed charge expiration date:
September 1, 2007.
Total requested for use approval:
$356,000.
Brief description of proposed projects:
Acquire Feil-Vickery Property; Phase II
Perimeter Fencing and Gates.
Class or classes of air carrier, which
the public agency has requested, not be
required to collect PFCs: None.
Any person may inspect the
application in person at the FAA office
listed above under FOR FURTHER
INFORMATION CONTACT and at the FAA
Regional Airports Office located at:
Federal Aviation Administration,
Northwest Mountain Region, Airports
Division, ANM–600, 1601 Lind Avenue,
SW., Suite 315, Renton, WA 98055–
4056.
In addition, any person may, upon
request, inspect the application, notice
and other documents germane to the
application in person at the Pangborn
Memorial Airport.
SUPPLEMENTARY INFORMATION:

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Issued in Renton, Washington on
September 7, 2004.
David A. Field,
Manager, Planning, Programming and
Capacity Branch, Northwest Mountain
Region.
[FR Doc. 04–20624 Filed 9–13–04; 8:45 am]
BILLING CODE 4910–13–M

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[Docket No. FMCSA–2004–18892]

Notice of Request To Renew Approval
of an Information Collection: OMB No.
2126–0015 (Designation of Agents,
Motor Carriers, Brokers and Freight
Forwarders)
Federal Motor Carrier Safety
Administration (FMCSA), DOT.
ACTION: Notice and request for
comments.
AGENCY:

SUMMARY: This notice announces that
FMCSA intends to submit a request to
the Office of Management and Budget
(OMB) for renewed approval of the
information collection described below.
This information collection allows
registered motor carriers, property
brokers, and freight forwarders a means
of meeting process agent requirements.
This notice is required by the
Paperwork Reduction Act.
DATES: Your comments must be
submitted by November 15, 2004.
ADDRESSES: Mail or hand deliver
comments to the U.S. Department of
Transportation, Dockets Management
Facility, Room PL–401, 400 Seventh
Street, SW., Washington, DC 20590, or
submit electronically at http://
dmses.dot.gov/submit. Be sure to
include the docket number appearing in
the heading of this document on your
comment. All comments received will
be available for examination and
copying at the above address from 9
a.m. to 5 p.m., e.t., Monday through
Friday, except Federal holidays. If you
would like to be notified when your
comment is received, you must include
a self-addressed, stamped postcard or
you may print the acknowledgment
page that appears after submitting
comments electronically.
FOR FURTHER INFORMATION CONTACT: Ms.
Marian Lee, (202) 385–2411,
Commercial Enforcement (MC–ECC),
Federal Motor Carrier Safety
Administration, Department of
Transportation, 400 Seventh Street,
SW., Washington, DC 20590. Office
hours are from 7:45 a.m. to 4:15 p.m.,

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e.t., Monday through Friday, except
Federal holidays.
SUPPLEMENTARY INFORMATION:
Title: Designation of Agents, Motor
Carriers, Brokers and Freight
Forwarders.
OMB Approval Number: 2126–0015.
Background: The Secretary of
Transportation (Secretary) is authorized
to register for-hire motor carriers of
regulated commodities under the
provisions of 49 U.S.C. 13902; freight
forwarders under the provisions of 49
U.S.C. 13903, and property brokers
under the provisions of 49 U.S.C. 13904.
These persons may conduct
transportation services only if they are
registered pursuant to 49 U.S.C. 13901.
The Secretary has delegated authority
pertaining to these registration
requirements to the FMCSA.
Registered motor carriers (including
private carriers) and freight forwarders
must designate: (1) An agent on whom
service of notices in proceedings before
the Secretary may be made (49 U.S.C.
13303); and (2) for every State in which
they operate and traverse in the United
States during such operations, agents on
whom process issued by a court may be
served in actions brought against the
registered transportation entity (49
U.S.C. 13304). Every broker shall make
a designation for each State in which its
offices are located or in which contracts
are written. Regulations governing the
designation of process agents are found
at 49 CFR part 366. This designation is
filed with the FMCSA on Form BOC–3,
‘‘Designation of Agent for Service of
Process.’’
Respondents: Motor carriers, freight
forwarders and brokers.
Estimated Burden: The estimated
average burden per response for Form
BOC–3 is 10 minutes. The estimated
total annual burden is 5,000 hours for
Form BOC–3 based on 30,000 filings per
year (30,000 filings × 10 minutes/60
minutes = 5,000 hours).
Frequency: Form BOC–3 must be filed
by all motor carriers (including private
carriers) and freight forwarders when
the transportation entity first registers
with the FMCSA. All brokers shall file
Form BOC–3 as necessary, and make a
designation for each State in which it
has an office or in which contracts are
written. Subsequent filings are made
only if the motor carrier, broker or
freight forwarder changes process
agents.
Public Comments Invited: We invite
you to comment on any aspect of this
information collection, including, but
not limited to: (1) Whether the
collection of information is necessary
for the proper performance of the

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Federal Register / Vol. 69, No. 177 / Tuesday, September 14, 2004 / Notices
functions of the FMCSA, including
whether the information is practical and
useful; (2) the accuracy of the estimated
burden; (3) ways to enhance the quality,
usefulness, and clarity of the collected
information; and (4) ways to minimize
the collection burden without reducing
the quality of the information collected.
Electronic Access and Filing: You
may submit or retrieve comments online
through the Docket Management System
(DMS) at http://dmses.dot.gov/submit.
Acceptable formats include: MS Word
(versions 95 to 97), MS Word for Mac
(versions 6 to 8), Rich Text File (RTF),
American Standard Code Information
Interchange (ASCII) (TXT), Portable
Document Format (PDF), and
WordPerfect (versions 7 to 8).
The DMS is available 24 hours each
day, 365 days each year. Electronic
submission and retrieval help and
guidelines are available under the help
section of the Web site. You may also
download an electronic copy of this
document from the DOT Docket
Management System on the Internet at
http://dms.dot.gov/search.htm. Please
include the docket number appearing in
the heading of this document.
Authority: The Paperwork Reduction Act
of 1995; 44 U.S.C. chapter 35, as amended;
49 U.S.C. 13303, 13304, 13901, 13902, 13903
and 13904; and 49 CFR 1.73 and 366.
Issued on: August 31, 2004.
Annette M. Sandberg,
Administrator.
[FR Doc. 04–20625 Filed 9–13–04; 8:45 am]
BILLING CODE 4910–EX–P

DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety
Administration
[Docket No. NHTSA–2004–18973; Notice 1]

Michelin North America, Inc., Receipt
of Petition for Decision of
Inconsequential Noncompliance
Michelin North America, Inc.
(Michelin) has determined that the
sidewall markings on certain tires that
it manufactured in 1993 through 2004
do not comply with S6.5(d) of 49 CFR
571.119, Federal Motor Vehicle Safety
Standard (FMVSS) No. 119, ‘‘New
pneumatic tires for vehicles other than
passenger cars.’’ Michelin has filed an
appropriate report pursuant to 49 CFR
Part 573, ‘‘Defect and Noncompliance
Reports.’’
Pursuant to 49 U.S.C. 30118(d) and
30120(h), Michelin has petitioned for an
exemption from the notification and
remedy requirements of 49 U.S.C.
Chapter 301 on the basis that this

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noncompliance is inconsequential to
motor vehicle safety.
This notice of receipt of Michelin’s
petition is published under 49 U.S.C.
30118 and 30120 and does not represent
any agency decision or other exercise of
judgment concerning the merits of the
petition.
A total of approximately 97,468 tires
are affected. This includes
approximately 68,950 Michelin tires
consisting of 24,644 LT215/85R16 XPS
Rib; 35,934 LT225/75R16 XPS Rib;
5,348 LT215/85R16 XPS Traction; and
3,024 8.75R16.5 XPS Rib tires
manufactured from May 1, 2003 through
the week beginning July 12, 2004. It also
includes 28,518 Michelin 8.75R16.5
XPS Rib tires manufactured from
approximately mid-1993 through the
week beginning July 12, 2004. The
sidewall load and inflation markings of
these two groups of tires do not comply
with S6.5(d), ‘‘Tire markings.’’ S6.5(d)
requires that each tire shall be marked
on each sidewall with ‘‘[t]he maximum
load rating and corresponding inflation
pressure of the tire’’ in both metric and
English units.
The sidewall load and inflation
markings on the 68,950 tires
manufactured from May 1, 2003 through
the week beginning July 12, 2004 are in
English units only and do not have the
metric units required by S6.5(d). The
sidewall load and inflation markings on
the 28,518 tires manufactured from
approximately mid-1993 through the
week beginning July 12, 2004 are
incorrect for the Max. Load Dual
category; the tires are marked ‘‘2550 lbs
at 75 psi’’ when they should be marked
‘‘2405 lbs at 80 psi.’’
Michelin believes that the
noncompliance is inconsequential to
motor vehicle safety and that no
corrective action is warranted. With
regard to the tires that are marked in
English units only, Michelin states that
the tires are manufactured for sale in the
U.S. replacement market where the
English system is universally
comprehended, and the maximum load
expressed in ‘‘lbs.’’ and air pressure
expressed in ‘‘psi’’ will not confuse U.S.
vehicle owners, nor result in unsafe use
of the tires in terms of load or inflation
values. With regard to the tires that are
marked with the incorrect Max. Load
Dual load and inflation, Michelin
asserts that
‘‘[w]hen both single and dual loads are
marked on the tire (as is the case here),
FMVSS No. 119 requires that performance
compliance testing be done based on the
single (higher, more punishing) tire load.
Accordingly, the incorrect dual load marking
is inconsequential for this tire * * * Even at
the lower, more punishing pressure of 75 psi,

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55491

the tire meets all FMVSS No. 119 minimum
performance requirements.’’

Michelin states that these tires meet
or exceed all of the performance
requirements of FMVSS No. 119.
Interested persons are invited to
submit written data, views, and
arguments on the petition described
above. Comments must refer to the
docket and notice number cited at the
beginning of this notice and be
submitted by any of the following
methods. Mail: Docket Management
Facility, U.S. Department of
Transportation, Nassif Building, Room
PL–401, 400 Seventh Street, SW.,
Washington, DC 20590–0001. Hand
Delivery: Room PL–401 on the plaza
level of the Nassif Building, 400
Seventh Street, SW., Washington, DC. It
is requested, but not required, that two
copies of the comments be provided.
The Docket Section is open on
weekdays from 10 a.m. to 5 p.m. except
Federal Holidays. Comments may be
submitted electronically by logging onto
the Docket Management System Web
site at http://dms.dot.gov. Click on
‘‘Help’’ to obtain instructions for filing
the document electronically. Comments
may be faxed to 1–202–493–2251, or
may be submitted to the Federal
eRulemaking Portal: go to http://
www.regulations.gov. Follow the online
instructions for submitting comments.
The petition, supporting materials,
and all comments received before the
close of business on the closing date
indicated below will be filed and will be
considered. All comments and
supporting materials received after the
closing date will also be filed and will
be considered to the extent possible.
When the petition is granted or denied,
notice of the decision will be published
in the Federal Register pursuant to the
authority indicated below.
Comment closing date: October 14,
2004.
Authority: 49 U.S.C. 30118, 30120:
delegations of authority at CFR 1.50 and
501.8.
Issued on: September 8, 2004.
Kenneth N. Weinstein,
Associate Administrator for Enforcement.
[FR Doc. 04–20626 Filed 9–13–04; 8:45 am]
BILLING CODE 4910–59–P

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