Continental Tire North America, Inc., Grant of Petition for Decision of Inconsequential Noncompliance, 53710-53711 [05-17902]

Download as PDF 53710 Federal Register / Vol. 70, No. 174 / Friday, September 9, 2005 / Notices Expiration Date of Approval: Three years from date of approval by the Office of Management and Budget. Summary of Collection of Information: Section 801, Merchant Marine Act, 1936, as amended, requires retention of records pertaining to financial assistance programs for ship construction and ship operations. These records are required to be retained to permit proper financial review of pertinent records at the conclusion of a contract when the contractor was receiving government financial assistance. Need and Use of the Information: The information is needed in order that MARAD may conduct financial reviews of pertinent records at the conclusion of a contract. Description of Respondents: U.S. shipping companies receiving government financial aid. Annual Responses: One response. Annual Burden: 50 hours. Comments: Comments should refer to the docket number that appears at the top of this document. Written comments may be submitted to the Docket Clerk, U.S. DOT Dockets, Room PL–401, 400 Seventh Street, Southwest, Washington, DC 20590. Comments also may be submitted by electronic means via the Internet at http://dms.dot.gov/submit. Specifically address whether this information collection is necessary for proper performance of the functions of the agency and will have practical utility, accuracy of the burden estimates, ways to minimize this burden, and ways to enhance the quality, utility, and clarity of the information to be collected. All comments received will be available for examination at the above address between 10 a.m. and 5 p.m. EDT (or EST), Monday through Friday, except Federal holidays. An electronic version of this document is available on the World Wide Web at http://dms.dot.gov. Privacy Act: Anyone is able to search the electronic form of all comments received into any of our dockets by the name of the individual submitting the comment (or signing the comment, if submitted on behalf of an association, business, labor union, etc.). You may review DOT’s complete Privacy Act Statement in the Federal Register published on April 11, 2000 (Volume 65, Number 70; Pages 19477–78) or you may visit http://dms.dot.gov. (Authority: 49 CFR 1.66.) Dated: August 31, 2005. VerDate Aug<18>2005 15:19 Sep 08, 2005 Jkt 205001 By order of the Maritime Administrator. Joel C. Richard, Secretary, Maritime Administration. [FR Doc. 05–17912 Filed 9–8–05; 8:45 am] BILLING CODE 4910–81–P DEPARTMENT OF TRANSPORTATION Maritime Administration [Docket No. MARAD 2005 22328] Information Collection Available for Public Comments and Recommendations Notice and request for comments. ACTION: SUMMARY: In accordance with the Paperwork Reduction Act of 1995, this notice announces the Maritime Administration’s (MARAD’s) intention to request extension of approval for three years of a currently approved information collection. DATES: Comments should be submitted on or before November 8, 2005. FOR FURTHER INFORMATION CONTACT: Thomas Olsen, Maritime Administration, 400 Seventh Street Southwest, Washington, DC 20590. Telephone: 202–366–2313, FAX: 202– 366–9580; or E-mail: Thomas.olsen@dot.gov. Copies of this collection also can be obtained from that office. SUPPLEMENTARY INFORMATION: Title of Collection: Determination of Fair and Reasonable Rates for Carriage of Agriculture Cargoes on U.S.-flag Commercial Vessels. Type of Request: Extension of currently approved information collection. OMB Control Number: 2133–0514. Form Numbers: MA–1025, MA–1026, and MA–172. Expiration Date of Approval: Three years from date of approval by the Office of Management and Budget. Summary of Collection of Information: This data collection requires U.S.-flag operators to submit vessel operating costs and capital costs data to MARAD officials on an annual basis. Need and Use of the Information: This information is needed by MARAD to establish fair and reasonable guideline rates for carriage of specific cargoes on U.S. vessels. Description of Respondents: U.S. citizens who own and operate U.S.-flag vessels. Annual Responses: 260 responses. Annual Burden: 740 hours. Comments: Comments should refer to the docket number that appears at the PO 00000 Frm 00094 Fmt 4703 Sfmt 4703 top of this document. Written comments may be submitted to the Docket Clerk, U.S. DOT Dockets, Room PL–401, 400 Seventh Street Southwest, Washington, DC 20590. Comments also may be submitted by electronic means via the Internet at http://dms.dot.gov/submit. Specifically address whether this information collection is necessary for proper performance of the functions of the agency and will have practical utility, accuracy of the burden estimates, ways to minimize this burden, and ways to enhance the quality, utility, and clarity of the information to be collected. All comments received will be available for examination at the above address between 10 a.m. and 5 p.m. EDT (or EST), Monday through Friday, except Federal Holidays. An electronic version of this document is available on the World Wide Web at http://dms.dot.gov. Privacy Act : Anyone is able to search the electronic form of all comments received into any of our dockets by the name of the individual submitting the comment (or signing the comment, if submitted on behalf of an association, business, labor union, etc.). You may review DOT’s complete Privacy Act Statement in the Federal Register published on April 11, 2000 (Volume 65, Number 70; Pages 19477–78) or you may visit http://dms.dot.gov. (Authority: 49 CFR 1.66.) By order of the Maritime Administrator. Dated: August 30, 2005. Joel C. Richard, Secretary, Maritime Administration. [FR Doc. 05–17913 Filed 9–8–05; 8:45 am] BILLING CODE 4910–81–P DEPARTMENT OF TRANSPORTATION National Highway Traffic Safety Administration [Docket No. NHTSA 2005–21925; Notice 2] Continental Tire North America, Inc., Grant of Petition for Decision of Inconsequential Noncompliance Continental Tire North America, Inc. (Continental) has determined that certain tires that it produced do not comply with S6.5 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), Continental 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 E:\FR\FM\09SEN1.SGM 09SEN1 Federal Register / Vol. 70, No. 174 / Friday, September 9, 2005 / Notices Reports.’’ Notice of receipt of a petition was published, with a 30-day comment period, on July 27, 2005, in the Federal Register (70 FR 43507). NHTSA received no comments. Affected are a total of approximately 430 tires produced on May 24, 2005. One requirement of S6.5 of FMVSS No. 119, tire markings, is that the tire identification shall comply with 49 CFR part 574, ‘‘Tire Identification and Recordkeeping,’’ which includes the marking requirements of 574.5(b) DOT size code, and 574.5(c) DOT tire type. The subject tires are incorrectly marked for both size code and tire type. The markings read ‘‘A3 3T 1WP XXXX’’ when they should read ‘‘A3 55 1N1 XXXX.’’ Continental Tire explained: [T]he curing mold used in the production of the tires was being serviced. During the service, the interchangeable plugs that contain the DOT size and type information came out of the mold. The individual replacing the plugs inserted plugs engraved with the incorrect information. The noncompliance was discovered after 430 tires had been cured in this mold. Continental Tire believes that the noncompliance is inconsequential to motor vehicle safety and that no corrective action is warranted. Continental Tire stated that ‘‘[a]ll other sidewall identification markings and safety information are correct, referring to recognizable size markings and load carrying capacities. A consumer or dealer examining the DOT Code could still determine the correct manufacturing plant and correct manufacturing date.’’ NHTSA agrees with Continental that the noncompliance is inconsequential to motor vehicle safety. As Continental points out, the tires do have markings which provide the correct size and load carrying capacities, and the correct manufacturing plant and date can be determined. Therefore, there should be no confusion by the user of this information, and Continental should be able to identify the tires in the event of recall. Continental has corrected the problem. In consideration of the foregoing, NHTSA has decided that the petitioner has met its burden of persuasion that the noncompliance described is inconsequential to motor vehicle safety. Accordingly, Continental’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) VerDate Aug<18>2005 15:19 Sep 08, 2005 Jkt 205001 Issued on: September 2, 2005. Ronald L. Medford, Senior Associate Administrator for Vehicle Safety. [FR Doc. 05–17902 Filed 9–8–05; 8:45 am] BILLING CODE 4910–59–P DEPARTMENT OF TRANSPORTATION National Highway Traffic Safety Administration [Docket No. NHTSA 2005–21926; Notice 2] Cooper Tire & Rubber Company, Grant of Petition for Decision of Inconsequential Noncompliance Cooper Tire & Rubber Company (Cooper) has determined that the markings on certain tires that it produced in 2004 and 2005 do not comply with S4.3(a) of 49 CFR 571.109, Federal Motor Vehicle Safety Standard (FMVSS) No. 109, ‘‘New pneumatic tires.’’ Pursuant to 49 U.S.C. 30118(d) and 30120(h), Cooper 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 July 29, 2005 in the Federal Register (70 FR 43934). NHTSA received no comments. Affected are a total of approximately 2,606 Cooper Discoverer AST II tires in the 265/70R16 size, produced between October 10, 2004 and April 16, 2005. S4.3, Labeling requirements, requires compliance with 49 CFR 574.5, ‘‘Tire Identification and Record Keeping, Tire Identification Requirements.’’ The size designation required by Part 574.5 was incorrectly marked on the subject tires, which were molded with the letters ‘‘TY’’ as the second grouping of symbols in the tire identification number. The correct stamping should have been ‘‘C2.’’ Cooper believes that the noncompliance is inconsequential to motor vehicle safety and that no corrective action is warranted. Cooper states that the purpose of the tire identification number marking requirements is to facilitate the ability of the tire manufacturer to identify the tires in the event of a recall. Cooper asserts that the incorrect size designation in this case does not affect the ability to identify defective or nonconforming tires. Cooper points out that the tire size is correctly stamped on the sidewalls of the subject tires, and states that the tires comply with all PO 00000 Frm 00095 Fmt 4703 Sfmt 4703 53711 other requirements of FMVSS No. 109 and 49 CFR 574.5. NHTSA agrees with Cooper that the noncompliance is inconsequential to motor vehicle safety. As Cooper points out, the tires do have sidewall markings which provide the correct size for the user of this information. In addition, the incorrect marking does not affect the ability to identify the tires in the event of recall. Cooper has corrected the problem. In consideration of the foregoing, NHTSA has decided that the petitioner has met its burden of persuasion that the noncompliance described is inconsequential to motor vehicle safety. Accordingly, Cooper’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: September 2, 2005. Ronald L. Medford, Senior Associate Administrator for Vehicle Safety. [FR Doc. 05–17903 Filed 9–8–05; 8:45 am] BILLING CODE 4910–59–P DEPARTMENT OF TRANSPORTATION National Highway Traffic Safety Administration [Docket No. NHTSA 2005–21930; Notice 2] Cooper Tire & Rubber Company, Grant of Petition for Decision of Inconsequential Noncompliance Cooper Tire & Rubber Company (Cooper) has determined that certain tires it produced in 2005 do not comply with S4.3(e) of 49 CFR 571.109, Federal Motor Vehicle Safety Standard (FMVSS) No. 109, ‘‘New pneumatic tires.’’ Pursuant to 49 U.S.C. 30118(d) and 30120(h), Cooper 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 July 29, 2005 in the Federal Register (70 FR 43934). NHTSA received no comments. Cooper produced approximately 3,070 Cooper brand tires during the period from January 30, 2005 through May 21, 2005 that do not comply with FMVSS No. 109, S4.3(e). S4.3(e) of FMVSS No. 109 requires that ‘‘each tire shall have permanently molded into or onto both E:\FR\FM\09SEN1.SGM 09SEN1

Agencies

[Federal Register Volume 70, Number 174 (Friday, September 9, 2005)]
[Notices]
[Pages 53710-53711]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-17902]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA 2005-21925; Notice 2]


Continental Tire North America, Inc., Grant of Petition for 
Decision of Inconsequential Noncompliance

    Continental Tire North America, Inc. (Continental) has determined 
that certain tires that it produced do not comply with S6.5 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), Continental 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

[[Page 53711]]

Reports.'' Notice of receipt of a petition was published, with a 30-day 
comment period, on July 27, 2005, in the Federal Register (70 FR 
43507). NHTSA received no comments.
    Affected are a total of approximately 430 tires produced on May 24, 
2005. One requirement of S6.5 of FMVSS No. 119, tire markings, is that 
the tire identification shall comply with 49 CFR part 574, ``Tire 
Identification and Recordkeeping,'' which includes the marking 
requirements of 574.5(b) DOT size code, and 574.5(c) DOT tire type. The 
subject tires are incorrectly marked for both size code and tire type. 
The markings read ``A3 3T 1WP XXXX'' when they should read ``A3 55 1N1 
XXXX.''
    Continental Tire explained:

    [T]he curing mold used in the production of the tires was being 
serviced. During the service, the interchangeable plugs that contain 
the DOT size and type information came out of the mold. The 
individual replacing the plugs inserted plugs engraved with the 
incorrect information. The noncompliance was discovered after 430 
tires had been cured in this mold.

    Continental Tire believes that the noncompliance is inconsequential 
to motor vehicle safety and that no corrective action is warranted. 
Continental Tire stated that ``[a]ll other sidewall identification 
markings and safety information are correct, referring to recognizable 
size markings and load carrying capacities. A consumer or dealer 
examining the DOT Code could still determine the correct manufacturing 
plant and correct manufacturing date.''
    NHTSA agrees with Continental that the noncompliance is 
inconsequential to motor vehicle safety. As Continental points out, the 
tires do have markings which provide the correct size and load carrying 
capacities, and the correct manufacturing plant and date can be 
determined. Therefore, there should be no confusion by the user of this 
information, and Continental should be able to identify the tires in 
the event of recall. Continental has corrected the problem.
    In consideration of the foregoing, NHTSA has decided that the 
petitioner has met its burden of persuasion that the noncompliance 
described is inconsequential to motor vehicle safety. Accordingly, 
Continental'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: September 2, 2005.
Ronald L. Medford,
Senior Associate Administrator for Vehicle Safety.
[FR Doc. 05-17902 Filed 9-8-05; 8:45 am]
BILLING CODE 4910-59-P