53354 Federal Register / Vol. 69, No. 169 / Wednesday, September 1, 2004 / Rules and Regulations requirements on certain covered entities. This final rule applies to communications and comments subjects. Covered subjects are: businesses, some of whom are small received into any of our dockets by the (1) The designation, description, and entities, that transport hazardous name of the individual submitting the classification of hazardous materials; materials by air. This final rule provides document (or signing the document, if (2) The packing, repacking, handling, an extension of the compliance date for submitted on behalf of an association, labeling, marking, and placarding of notification and record retention business, labor union, etc.). You may hazardous materials; requirements for air carriers. The review DOT’s complete Privacy Act (3) The preparation, execution, and compliance date extension assures that Statement in the Federal Register use of shipping documents related to air carriers have sufficient time to published on April 11, 2000 (65 FR hazardous materials and requirements reprogram their systems to meet the new 19477) or you may visit http:// related to the number, contents, and requirements, test the reprogrammed dms.dot.gov. placement of those documents; system, develop training materials and List of Subjects in 49 CFR Part 171 (4) The written notification, train their employees. Therefore, I recording, and reporting of the certify this rule will not have a Exports, Hazardous materials unintentional release in transportation significant economic impact on a transportation, Hazardous waste, of hazardous; or substantial number of small entities. Imports, Reporting and recordkeeping (5) The design, manufacture, This final rule has been developed in requirements. fabrication, marking, maintenance, accordance with Executive Order 13272 I In consideration of the foregoing, 49 reconditioning, repair, or testing of a (‘‘Proper Consideration of Small Entities CFR chapter I is amended as follows: packaging or container represented, in Agency Rulemaking’’) and DOT’s marked, certified, or sold as qualified procedures and policies to promote PART 171—GENERAL INFORMATION, for use in transporting hazardous compliance with the Regulatory REGULATIONS, AND DEFINITIONS material. Flexibility Act to ensure that potential The March 25, 2003 final rule I 1. The authority citation for part 171 impacts of draft rules on small entities continues to read as follows: addressed covered subject item (3) are properly considered. above and preempts State, local, or Authority: 49 U.S.C. 5101–5127, 44701; 49 Indian tribe requirements not meeting E. Paperwork Reduction Act CFR 1.45 and 1.53; Pub. L. 101–410 section the ‘‘substantively the same’’ standard. This final rule does not impose new 4 (28 U.S.C. 2461 note); Pub. L. 104–134 section 31001. Federal hazardous materials information collection requirements. transportation law provides at 49 U.S.C. § 171.14 [Amended] 5125(b)(2) that, if RSPA issues a F. Regulation Identifier Number (RIN) I 2. Amend § 171.14, paragraph (f), by regulation concerning any of the A regulation identifier number (RIN) removing the wording ‘‘October 1, 2004’’ covered subjects, RSPA must determine is assigned to each regulatory action and adding the wording ‘‘April 1, 2005’’ and publish in the Federal Register the listed in the Unified Agenda of Federal in both places it appears. effective date of Federal preemption. Regulations. The Regulatory Information The effective date may not be earlier Service Center publishes the Unified Issued in Washington, DC on August 18, than the 90th day following the date of Agenda in April and October of each 2004, under the authority delegated in 49 issuance of this final rule and not later year. The RIN number contained in the CFR part 1. than two years after the date of issuance. heading of this document can be used Samuel G. Bonasso, This interim final rule does not change to cross-reference this action with the Deputy Administrator, Research and Special the effective date of Federal preemption Unified Agenda. Programs Administration. of the March 25, 2003 final rule, which [FR Doc. 04–19963 Filed 8–31–04; 8:45 am] G. Unfunded Mandates Reform Act was June 23, 2003. BILLING CODE 4910–60–P This final rule does not impose C. Executive Order 13175 unfunded mandates under the This final rule has been analyzed in Unfunded Mandates Reform Act of DEPARTMENT OF TRANSPORTATION accordance with the principles and 1995. It does not result in costs of criteria contained in Executive Order $120.7 million or more to either State, National Highway Traffic Safety 13175 (‘‘Consultation and Coordination local or tribal governments, in the Administration with Indian Tribal Governments’’). aggregate, or to the private sector, and Because this final rule does not have is the least burdensome alternative that 49 CFR Part 541 tribal implications, does not impose achieves the objective of the rule. [Docket No. NHTSA–2004–17359] substantial direct compliance costs on Indian tribal governments, and does not H. Environmental Assessment RIN 2127–AJ27 preempt tribal law, the funding and This final rule will improve Final Theft Data; Motor Vehicle Theft consultation requirements of Executive emergency response to hazardous Prevention Standard Order 13175 do not apply. materials incidents involving aircraft by ensuring information on the hazardous AGENCY: National Highway Traffic D. Regulatory Flexibility Act, Executive materials involved in an emergency is Safety Administration (NHTSA), Order 13272, and DOT Procedures and readily available. Improving emergency Department of Transportation. Policies response to aircraft incidents will ACTION: Publication of final theft data. The Regulatory Flexibility Act (5 reduce environmental damage U.S.C. 601 et seq.) requires an agency to associated with such incidents. We find SUMMARY: This document publishes the review regulations to assess their impact there are no significant environmental final data on thefts of model year (MY) on small entities. An agency must impacts associated with this final rule. 2002 passenger motor vehicles that conduct a regulatory flexibility analysis occurred in calendar year (CY) 2002. unless it determines and certifies that a I. Privacy Act The final 2002 theft data indicate a rule is not expected to have a significant Anyone is able to search the decrease in the vehicle theft rate impact on a substantial number of small electronic form of any written experienced in CY/MY 2002. The final VerDate jul<14>2003 14:40 Aug 31, 2004 Jkt 203001 PO 00000 Frm 00020 Fmt 4700 Sfmt 4700 E:\FR\FM\01SER1.SGM 01SER1 Federal Register / Vol. 69, No. 169 / Wednesday, September 1, 2004 / Rules and Regulations 53355 theft rate for MY 2002 passenger of vehicles in that line manufactured for with a revised theft rate of 1.7196. The vehicles stolen in calendar year 2002 MY 2002, as reported to the Saturn VUE previously ranked No. 188 (2.49 thefts per thousand vehicles) Environmental Protection Agency with a theft rate of 0.6073 is now ranked decreased by 23.6 percent from the theft (EPA). No. 189 with a revised theft rate of rate for CY/MY 2001 (3.26 thefts per The final 2002 theft data show a 0.5970. Additionally, GM informed the thousand vehicles) when compared to decrease in the vehicle theft rate when agency that the production volume for the theft rate experienced in CY/MY compared to the theft rate experienced the General Motors Funeral Coach/ 2001. Publication of these data fulfills in CY/MY 2001. The final theft rate for Hearse was listed incorrectly. As a NHTSA’s statutory obligation to MY 2002 passenger vehicles stolen in result of the agency’s review, the new periodically obtain accurate and timely calendar year 2002 decreased to 2.49 information provided by GM resulted in theft data and publish the information thefts per thousand vehicles produced, no change to the ranking or theft rate for for review and comment. a decrease of 23.6 percent from the rate this line. Additionally, further analysis FOR FURTHER INFORMATION CONTACT: Ms. of 3.26 thefts per thousand vehicles of the data revealed the Funeral Coach/ Deborah Mazyck, Office of International experienced by MY 2001 vehicles in CY Hearse is a Cadillac Funeral Coach/ Policy, Fuel Economy and Consumer 2001. For MY 2002 vehicles, out of a Hearse. The theft rate list has been Programs, NHTSA, 400 Seventh Street, total of 225 vehicle lines, 38 lines had revised to reflect the correction in its SW., Washington, DC 20590. Ms. a theft rate higher than 3.5826 per nomenclature. Mazyck’s telephone number is (202) thousand vehicles, the established Further reanalysis of the theft rate 366–0846. Her fax number is (202) 493– median theft rate for MYs 1990/1991. data revealed that the Cadillac 2290. (See 59 FR 12400, March 16, 1994.) Of Limousine, BMW M3 and BMW M5 the 38 vehicle lines with a theft rate were erroneously omitted from the April SUPPLEMENTARY INFORMATION: NHTSA higher than 3.5826, 34 are passenger car 6, 2004 publication of preliminary theft administers a program for reducing lines, three are multipurpose passenger data. The agency has corrected the final motor vehicle theft. The central feature vehicle lines, and one is a light-duty theft data to include the theft rate of this program is the Federal Motor truck line. information for the Cadillac Limousine, Vehicle Theft Prevention Standard, 49 On Tuesday, April 6, 2004, NHTSA BMW M3 and BMW M5 vehicles. As a CFR part 541. The standard specifies published the preliminary theft rates for result of this correction, the Cadillac performance requirements for inscribing CY 2002 passenger motor vehicles in the Limousine is ranked No. 213 with a and affixing vehicle identification Federal Register (69 FR 18010). The theft rate of 0.0000, the BMW M3 is numbers (VINs) onto certain major agency tentatively ranked each of the ranked No.