Dynamic Tire Corp., Receipt of Petition for Decision of Inconsequential Noncompliance, 2707 [05-858]
Download as PDF
<![CDATA[
Federal Register / Vol. 70, No. 10 / Friday, January 14, 2005 / Notices
requirements for statements of medical
specialists described above, the FMCSA
believes the optometrist expressed her
medical opinion, and it can rely on that
opinion regarding whether the driver’s
visual capacity is sufficient to enable
safe operations.
In regard to the third issue, the
discussion above under the heading,
‘‘Basis for Exemption Determination,’’
explains why FMCSA believes the
monocular drivers included in this
notice have demonstrated their ability to
drive safely in conditions similar to
interstate driving by operating in
intrastate commerce for 3 years prior to
their applications.
Advocates for Highway and Auto
Safety (Advocates) expresses continued
opposition to the FMCSA’s policy to
grant exemptions from the FMCSRs,
including the driver qualification
standards. Specifically, Advocates: (1)
Objects to the manner in which the
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. 31315 and
31136(e)); 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 29
exemption applications, the FMCSA
exempts Leonida R. Batista, Johnny
Becerra, Larry W. Burnett, Ross E.
Burroughs, Roger C. Carson, Lester W.
Carter, Larry Chinn, Christopher L.
DePuy, John B. Ethridge, Larry J.
Folkerts, Randolph D. Hall, Richard T.
Hatchel, Paul W. Hunter, Harold D.
Jones, Lester G. Kelley II, Robert L.
Lafollette, Ray P. Lenz, John M.
Lonergan, Michael B. McClure, Lamont
S. McCord, Francis M. McMullin, Joe L.
Meredith, Jr., Norman Mullins, Harold
W. Mumford, Charles R. O’Connell,
Dennis R. O’Dell, Jr., Virgil A. Potts,
Clarence H. Redding, and David J.
Triplett from the vision requirement in
49 CFR 391.41(b)(10), subject to the
requirements cited above (49 CFR
391.64(b)).
VerDate jul<14>2003
14:36 Jan 13, 2005
Jkt 205001
In accordance with 49 U.S.C. 31315
and 31136(e), each exemption will be
valid for 2 years unless revoked earlier
by the 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. 31315 and 31136.
If the exemption is still effective at the
end of the 2-year period, the person may
apply to the FMCSA for a renewal under
procedures in effect at that time.
Issued on: January 10, 2005.
Rose A. McMurray,
Associate Administrator, Policy and Program
Development.
[FR Doc. 05–851 Filed 1–13–05; 8:45 am]
BILLING CODE 4910–EX–P
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety
Administration
[Docket No. NHTSA–2004–19996; Notice 1]
Dynamic Tire Corp., Receipt of Petition
for Decision of Inconsequential
Noncompliance
Dynamic Tire Corp. (Dynamic Tire)
has determined that certain tires it
imported and which were manufactured
by Tianjin Wanda Tyre Group Co., LTD
do not comply with S6.5(b) of Federal
Motor Vehicle Safety Standard (FMVSS)
No. 119, ‘‘New pneumatic tires for
vehicles other than passenger cars.’’
Dynamic Tire 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), Dynamic Tire 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.
This notice of receipt of Dynamic
Tire’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 67,864 tires
produced between August 1, 2004 to
December 4, 2004 are affected. S6.5(b) of
FMVSS No. 119 requires that each tire
shall be marked on each sidewall with
‘‘the tire identification number required
by part 574 of this chapter.’’ Part
574.5(d) requires the date code to be
listed such that the first two symbols
must identify the week of the year and
PO 00000
Frm 00107
Fmt 4703
Sfmt 4703
2707
third and fourth symbols must identify
the year. The noncompliant tires
reversed the order of these symbols.
Dynamic Tire believes that the
noncompliance is inconsequential to
motor vehicle safety and that no
corrective action is warranted. Dynamic
Tire states that ‘‘the production week
* * * begins with the 31st week of 2004
which eliminates any possibility of
confusion between week and year
designation.’’ Dynamic Tire further
states that the tires comply with all
other requirements of the Federal Motor
Vehicle Safety Standards.
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, Nasif Building, Room
PL–401, 400 Seventh Street, SW.,
Washington, DC 20590–0001. Hand
Delivery: Room PL–401 on the plaza
level of the Nasif 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 https://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 https://
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: February 14,
2005.
Authority: 49 U.S.C. 30118, 30120:
delegations of authority at CFR 1.50 and
501.8.
Issued on: January 10, 2005.
Claude H. Harris,
Director, Office of Vehicle Safety Compliance.
[FR Doc. 05–858 Filed 1–13–05; 8:45 am]
BILLING CODE 4910–59–M
E:\FR\FM\14JAN1.SGM
14JAN1
]]>Agencies
[Federal Register Volume 70, Number 10 (Friday, January 14, 2005)]
[Notices]
[Page 2707]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-858]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
[Docket No. NHTSA-2004-19996; Notice 1]
Dynamic Tire Corp., Receipt of Petition for Decision of
Inconsequential Noncompliance
Dynamic Tire Corp. (Dynamic Tire) has determined that certain tires
it imported and which were manufactured by Tianjin Wanda Tyre Group
Co., LTD do not comply with S6.5(b) of Federal Motor Vehicle Safety
Standard (FMVSS) No. 119, ``New pneumatic tires for vehicles other than
passenger cars.'' Dynamic Tire 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), Dynamic Tire 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.
This notice of receipt of Dynamic Tire'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 67,864 tires produced between August 1,
2004 to December 4, 2004 are affected. S6.5(b) of FMVSS No. 119
requires that each tire shall be marked on each sidewall with ``the
tire identification number required by part 574 of this chapter.'' Part
574.5(d) requires the date code to be listed such that the first two
symbols must identify the week of the year and third and fourth symbols
must identify the year. The noncompliant tires reversed the order of
these symbols.
Dynamic Tire believes that the noncompliance is inconsequential to
motor vehicle safety and that no corrective action is warranted.
Dynamic Tire states that ``the production week * * * begins with the
31st week of 2004 which eliminates any possibility of confusion between
week and year designation.'' Dynamic Tire further states that the tires
comply with all other requirements of the Federal Motor Vehicle Safety
Standards.
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, Nasif Building, Room PL-
401, 400 Seventh Street, SW., Washington, DC 20590-0001. Hand Delivery:
Room PL-401 on the plaza level of the Nasif 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 https://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 https://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: February 14, 2005.
Authority: 49 U.S.C. 30118, 30120: delegations of authority at
CFR 1.50 and 501.8.
Issued on: January 10, 2005.
Claude H. Harris,
Director, Office of Vehicle Safety Compliance.
[FR Doc. 05-858 Filed 1-13-05; 8:45 am]
BILLING CODE 4910-59-M
