Hankook Tire America Corp., Receipt of Petition for Decision of Inconsequential Noncompliance, 11728-11729 [05-4529]

Download as PDF 11728 Federal Register / Vol. 70, No. 45 / Wednesday, March 9, 2005 / Notices Listening Sessions In addition to the submission of written comments, members of the CCAM Workgroup on TA will also conduct up to five ‘‘Listening Sessions‘‘ during meetings hosted by national organizations being held across the country. Organizations interested in hosting a listening session on TA in human service transportation coordination, should submit a written request to unitedweride@fta.dot.gov no later than May 1, 2005. Date and times for listening sessions will be posted at unitedweride@fta.dot.gov. Dated: March 3, 2005. Jennifer L. Dorn, FTA Administrator. [FR Doc. 05–4609 Filed 3–8–05; 8:45 am] BILLING CODE 4910–57–M DEPARTMENT OF TRANSPORTATION Federal Transit Administration Prevention of Alcohol Misuse and Prohibited Drug Use in Transit Operations Federal Transit Administration (FTA), DOT. ACTION: Notice of random drug and alcohol testing rates. AGENCY: SUMMARY: This notice announces the random testing rates for employers subject to the Federal Transit Administration’s (FTA) drug and alcohol rules. DATES: Effective Date: March 9, 2005. FOR FURTHER INFORMATION CONTACT: Jerry Powers, Drug and Alcohol Program Manager for the Office of Safety and Security, (202) 366–2896 (telephone) and (202) 366–z7951 (fax). Electronic access to this and other documents concerning FTA’s drug and alcohol testing rules may be obtained through the FTA World Wide Web home page at https://www.fta.dot.gov, click on ‘‘Safety and Security.’’ SUPPLEMENTARY INFORMATION: The FTA required large transit employers to begin drug and alcohol testing employees performing safety-sensitive functions on January 1, 1995, and to begin reporting annually by March 15 of each year beginning in 1996. The annual reporting includes the number of such employees who had a verified positive for the use of prohibited drugs, and the number of such employees who tested positive for the misuse of alcohol. Small employers commenced their FTA-required testing on January 1, 1996, and began reporting the same information as the large employers beginning March 15, 1997. VerDate jul<14>2003 18:06 Mar 08, 2005 Jkt 205001 The 1994 rules, which were updated on August 1, 2001, established a random testing rate for prohibited drugs and the misuse of alcohol. The rules require that employers conduct random drug tests at a rate equivalent to at least 50 percent of their total number of safety-sensitive employees for prohibited drug use and at least 25 percent for the misuse of alcohol. The rules provide that the drug random testing rate may be lowered to 25 percent if the ‘‘positive rate’’ for the entire transit industry is less than one percent for two preceding consecutive years. Once lowered, it may be raised to 50 percent if the positive rate equals or exceeds one percent for any one year (‘‘positive rate’’ means the number of positive results for random drug tests conducted under 49 CFR 655.45 plus the number of refusals of random tests required by 49 CFR 655.49, divided by the total number of random drug tests, plus the number of refusals of random tests required by 49 CFR 655.) The alcohol provisions provide that the random rate may be lowered to 10 percent if the ‘‘violation rate’’ for the entire transit industry is less than .5 percent for two consecutive years. It will remain at 25 percent if the ‘‘violation rate’’ is equal to or greater than .5 percent but less than one percent, and it will be raised to 50 percent if the ‘‘violation rate’’ is one percent or greater for any one year (‘‘violation rate’’ means the number of covered employees found during random tests given under 49 CFR 655.45 to have an alcohol concentration of .04 or greater, plus the number of employees who refuse a random test required by 49 CFR 655.49, divided by the total reported number of random alcohol tests plus the total number of refusals of random tests required by 49 CFR 655.) In 2004, the FTA required a random drug testing rate of 50 percent of the total number of their ‘‘safety-sensitive’’ employees for prohibited drugs based on the ‘‘positive rate’’ for random drug test data from 2001 and 2002. FTA has received and analyzed the latest available data (CY2003) from a representative sample of transit employers. Because the random drug rate was not lower than 1.0 percent for the two preceding consecutive years (1.05 percent for 2002 and 0.96 percent for 2003), the random drug testing rate will remain at 50 percent for 2005. In 2004, the FTA retained the random alcohol testing rate of 10 percent (reduced previously from 25 percent) based on the ‘‘positive rate’’ for random alcohol test data from 2002 and 2003. Because the random alcohol violation PO 00000 Frm 00124 Fmt 4703 Sfmt 4703 rate was again lower than .5 percent for the two preceding consecutive years (0.22 for 2002 and 0.20 percent for 2003), the random alcohol testing rate will remain at 10 percent for 2005. FTA detailed reports on the drug and alcohol testing data collected from transit employers may be obtained from the Office of Safety and Security, Federal Transit Administration, 400 Seventh Street, SW., Room 9301, Washington, DC 20590, (202) 366–2896 or at https://transit-safety.volpe.dot.gov/ Publications. Issued On: March 3, 2005. Jennifer L. Dorn, Administrator. [FR Doc. 05–4532 Filed 3–8–05; 8:45 am] BILLING CODE 4910–57–P DEPARTMENT OF TRANSPORTATION National Highway Traffic Safety Administration [Docket No. NHTSA–2005–20428; Notice 1] Hankook Tire America Corp., Receipt of Petition for Decision of Inconsequential Noncompliance Hankook Tire America Corp. (Hankook Tire) has determined that certain tires it produced in 2003 and 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. Pursuant to 49 U.S.C. 30118(d) and 30120(h), Hankook Tire has petitioned for a determination that this noncompliance is inconsequential to motor vehicle safety and has filed an appropriate report pursuant to 49 CFR Part 573, ‘‘Defect and Noncompliance Reports.’’ This notice of receipt of an application 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 application. A total of approximately 41,716 tires are involved, which were produced during the period April 1, 2003 through December 20, 2004. S6.5(d) of FMVSS No. 119 requires that the maximum load rating and corresponding inflation pressure of the tires be marked on the tire in both English and metric units. The noncompliant tires do not have the metric markings. Hankook believes that the noncompliance is inconsequential to motor vehicle safety and that no corrective action is warranted. Hankook states that the noncompliance does not E:\FR\FM\09MRN1.SGM 09MRN1 Federal Register / Vol. 70, No. 45 / Wednesday, March 9, 2005 / Notices relate to motor vehicle safety, and that the problem has been corrected either by discontinuation or change of the mold of the affected tires. 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 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: April 8, 2005. Authority: 49 U.S.C. 30118, 30120: delegations of authority at CFR 1.50 and 501.8. Issued on: March 3, 2005. Ronald L. Medford, Senior Associate Administrator for Vehicle Safety. [FR Doc. 05–4529 Filed 3–8–05; 8:45 am] BILLING CODE 4910–59–P VerDate jul<14>2003 18:06 Mar 08, 2005 Jkt 205001 DEPARTMENT OF TRANSPORTATION National Highway Traffic Safety Administration [Docket No. NHTSA 2004–19996; Notice 2] Dynamic Tire Corp., Grant 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.’’ Pursuant to 49 U.S.C. 30118(d) and 30120(h), Dynamic Tire has petitioned for a determination that this noncompliance is inconsequential to motor vehicle safety and has filed an appropriate report pursuant to 49 CFR part 573, ‘‘Defect and Noncompliance Reports.’’ Notice of receipt of a petition was published, with a 30-day comment period, on January 14, 2005, in the Federal Register (70 FR 2707). NHTSA received no comments. 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 the 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. The agency agrees with Dynamic Tire that the noncompliance is inconsequential to motor vehicle safety. Since the production week begins with the 31st week of 2004, this eliminates any possibility of confusion between week and year designation. In addition, the tires comply with all other FMVSS requirements. Dynamic Tire has corrected the problem. In consideration of the foregoing, NHTSA has decided that the petitioner has met its burden of persuasion that PO 00000 Frm 00125 Fmt 4703 Sfmt 4703 11729 the noncompliance described is inconsequential to motor vehicle safety. Accordingly, Dynamic Tire’s petition is granted and the petitioner is exempted from the obligation of providing notification of, and a remedy for, the noncompliance. Authority: (49 U.S.C. 30118, 30120; delegations of authority at CFR 1.50 and 501.8) Issued on: March 3, 2005. Ronald L. Medford, Senior Associate Administrator for Vehicle Safety. [FR Doc. 05–4530 Filed 3–8–05; 8:45 am] BILLING CODE 4910–59–P DEPARTMENT OF TRANSPORTATION National Highway Traffic Safety Administration [Docket No. NHTSA–2004–19529; Notice 2] Toyota Motor North America, Inc., Denial of Petition for Decision of Inconsequential Noncompliance Toyota Motor Corporation has determined that the daytime running lamps (DRLs) on certain vehicles it manufactured in 1998–2005 do not comply with S5.5.11(a) of 49 CFR 571.108, Federal Motor Vehicle Safety Standard (FMVSS) No. 108, ‘‘Lamps, reflective devices, and associated equipment.’’ Pursuant to 49 U.S.C. 30118(d) and 30120(h), Toyota Motor North America, Inc. (Toyota), on behalf of Toyota Motor Corporation, 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 Toyota’s petition was published, with a 30 day comment period, on November 12, 2004, in the Federal Register (69 FR 65499). NHTSA received 48 comments. A total of approximately 75,355 model year 1998–2005 Lexus LX470 vehicles are affected. The DRLs on the LX470s are mounted at 895 mm above the road surface, as measured from the center of the lamps with the vehicles at curb weight, and are provided by the upper beam headlamps operating at a reduced intensity. For this DRL configuration, S5.5.11(a) of FMVSS No. 108 requires that each such lamp have a luminous intensity not less than 500 candela at test point H–V, nor more than 3,000 candela at any location in the beam. However, each LX 470 DRL lamp exceeds the 3,000 maximum candela requirement by approximately 57% with a luminous intensity of roughly 4,720 candela at the maximum point in E:\FR\FM\09MRN1.SGM 09MRN1

Agencies

[Federal Register Volume 70, Number 45 (Wednesday, March 9, 2005)]
[Notices]
[Pages 11728-11729]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-4529]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2005-20428; Notice 1]


Hankook Tire America Corp., Receipt of Petition for Decision of 
Inconsequential Noncompliance

    Hankook Tire America Corp. (Hankook Tire) has determined that 
certain tires it produced in 2003 and 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.
    Pursuant to 49 U.S.C. 30118(d) and 30120(h), Hankook Tire has 
petitioned for a determination that this noncompliance is 
inconsequential to motor vehicle safety and has filed an appropriate 
report pursuant to 49 CFR Part 573, ``Defect and Noncompliance 
Reports.''
    This notice of receipt of an application 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 application.
    A total of approximately 41,716 tires are involved, which were 
produced during the period April 1, 2003 through December 20, 2004. 
S6.5(d) of FMVSS No. 119 requires that the maximum load rating and 
corresponding inflation pressure of the tires be marked on the tire in 
both English and metric units. The noncompliant tires do not have the 
metric markings.
    Hankook believes that the noncompliance is inconsequential to motor 
vehicle safety and that no corrective action is warranted. Hankook 
states that the noncompliance does not

[[Page 11729]]

relate to motor vehicle safety, and that the problem has been corrected 
either by discontinuation or change of the mold of the affected tires.
    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 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: April 8, 2005.

    Authority: 49 U.S.C. 30118, 30120: delegations of authority at 
CFR 1.50 and 501.8.

    Issued on: March 3, 2005.
Ronald L. Medford,
Senior Associate Administrator for Vehicle Safety.
[FR Doc. 05-4529 Filed 3-8-05; 8:45 am]
BILLING CODE 4910-59-P

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