Weekend Warrior Trailers, Inc., Receipt of Petition for Decision of Inconsequential Noncompliance, 70915-70916 [05-23136]

Download as PDF Federal Register / Vol. 70, No. 225 / Wednesday, November 23, 2005 / Notices Michelin produced approximately 9,816 BFGoodrich Radial T/A tires during the period from February 20, 2005 through April 7, 2005 that do not comply with FMVSS No. 109, S4.3(d) and S4.3(e). S4.3 of FMVSS No. 109 requires that ‘‘each tire shall have permanently molded into or onto both sidewalls * * * (d) The generic name of each cord material used in the plies * * * of the tire’’ and ‘‘(e) Actual number of plies in the sidewall, and the actual number of plies in the tread area if different.’’ The noncompliant tires were marked ‘‘tread plies 2 polyester + 2 steel; sidewall plies 2 polyester + 1 nylon.’’ The correct marking should read ‘‘tread plies 2 polyester + 2 steel + 1 nylon; sidewall plies 2 polyester.’’ Michelin believes that the noncompliance is inconsequential to motor vehicle safety and that no corrective action is warranted. Michelin stated that NHTSA has consistently found that ply labeling noncompliances are inconsequential to motor vehicle safety and has consistently granted inconsequential noncompliance petitions on that basis. Michelin also stated that all load and inflation pressure markings are present and the noncompliant tires meet or exceed all of the FMVSS No. 109 minimum performance requirements. The Transportation Recall, Enhancement, Accountability, and Documentation (TREAD) Act (Public Law 106–414) required, among other things, that the agency initiate rulemaking to improve tire label information. In response, the agency published an Advance Notice of Proposed Rulemaking (ANPRM) in the Federal Register on December 1, 2000 (65 FR 75222). The agency received more than 20 comments on the tire labeling information required by 49 CFR 571.109 and 119, part 567, part 574, and part 575. In addition, the agency conducted a series of focus groups, as required by the TREAD Act, to examine consumer perceptions and understanding of tire labeling. Few of the focus group participants had knowledge of tire labeling beyond the tire brand name, tire size, and tire pressure. Based on the information obtained from comments to the ANPRM and the consumer focus groups, we have concluded that it is likely that few consumers have been influenced by the tire construction information (number of plies and cord material in the sidewall and tread plies) provided on the tire label when deciding to buy a motor vehicle or tire. Therefore, the agency agrees with Michelin’s statement that the incorrect VerDate Aug<31>2005 17:33 Nov 22, 2005 Jkt 208001 markings in this case do not present a serious safety concern.1 There is no effect of the noncompliance on the operational safety of vehicles on which these tires are mounted. In the agency’s judgment, the incorrect labeling of the tire construction information will have an inconsequential effect on motor vehicle safety. In addition, the tires are certified to meet all the performance requirements of FMVSS No. 109 and all other informational markings as required by FMVSS No. 109 are present. Michelin 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, Michelin’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: November 17, 2005. Daniel C. Smith, Associate Administrator for Enforcement. [FR Doc. 05–23137 Filed 11–22–05; 8:45 am] BILLING CODE 4910–59–P DEPARTMENT OF TRANSPORTATION National Highway Traffic Safety Administration [Docket No. NHTSA–2005–22971; Notice 1] Weekend Warrior Trailers, Inc., Receipt of Petition for Decision of Inconsequential Noncompliance Weekend Warrior Trailers, Inc. (Weekend Warrior) has determined that certain ramp-equipped travel trailers that it produced in 2001 through 2005 do not comply with 49 CFR 571.108, Federal Motor Vehicle Safety Standard (FMVSS) No. 108, ‘‘Lamps, reflective devices, and associated equipment.’’ Weekend Warrior 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), Weekend Warrior 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. 1 This decision is limited to its specific facts. As some commenters on the ANPRM noted, the existence of steel in a tire’s sidewall can be relevant to the manner in which it should be repaired or retreaded. PO 00000 Frm 00134 Fmt 4703 Sfmt 4703 70915 This notice of receipt of Weekend Warrior’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. Affected are a total of approximately 13,447 ramp-equipped travel trailers produced between January 2001 and September 2005. FMVSS No. 108 requires that these vehicles be equipped with amber intermediate side marker lamps and reflex reflectors, and red identification lamps. However, the subject vehicles are not equipped with these devices. Weekend Warrior believes that the noncompliance is inconsequential to motor vehicle safety and that no corrective action is warranted. Weekend Warrior states that the noncompliance has caused no safety related accidents or injuries, and that it has received no customer complaints or notification of injuries or deaths related to the absence of the required items. 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 0590–0001. 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. E:\FR\FM\23NON1.SGM 23NON1 70916 Federal Register / Vol. 70, No. 225 / Wednesday, November 23, 2005 / Notices Comment closing date: December 23, 2005. Authority: 49 U.S.C. 30118, 30120: delegations of authority at CFR 1.50 and 501.8. Issued on: November 17, 2005. Daniel C. Smith, Associate Administrator for Enforcement. [FR Doc. 05–23136 Filed 11–22–05; 8:45 am] BILLING CODE 4910–59–P DEPARTMENT OF TRANSPORTATION Pipeline and Hazardous Materials Safety Administration Office of Hazardous Materials Safety; Notice of Application for Special Permits Pipeline and Hazardous Materials Safety Administration, DOT. ACTION: List of applications for special permits. AGENCY: SUMMARY: In accordance with the procedures governing the application for, and the processing of, special permits from the Department of Transportation’s Hazardous Material Regulations (49 CFR Part 107, Subpart B), notice is hereby given that the Office of Hazardous Materials Safety has received the application described herein. Each mode of transportation for which a particular special permit is requested is indicated by a number in the ‘‘Nature of Application’’ portion of the table below as follows: 1—Motor vehicle, 2—Rail freight, 3—Cargo vessel, 4—Cargo aircraft only, 5—Passengercarrying aircraft. DATES: Comments must be received on or before December 23, 2005. ADDRESS COMMENTS TO: Record Center, Pipeline and Hazardous Materials Safety Administration, U.S. Department of Transportation, Washington, DC 20590. Comments should refer to the application number and be submitted in triplicate. If confirmation of receipt of comments is desired, include a selfaddressed stamped postcard showing the special permit number. FOR FURTHER INFORMATION CONTACT: Copies of the applications are available for inspection in the Records Center, Nassif Building, 400 7th Street, SW., Washington, DC or at https:// dms.dot.gov. This notice of receipt of applications for special permits is published in accordance with Part 107 of the Federal hazardous materials transportation law (49 U.S.C. 5117(b); 49 CFR 1.53(b)). Issued in Washington, DC, on November 17, 2005. R. Ryan Posten, Chief, Special Permits Program, Office of Hazardous Materials Special Permits & Approvals. NEW SPECIAL PERMITS Application No. Docket No. Applicant 14266–N ........ ........................ NCF Industries, Inc. 49 CFR 173.302a, 173.304a. 14267–N ........ ........................ Department of Energy. 49 CFR 173.417(a)(1) .. 14269–N ........ ........................ Texmark Chemicals, Inc. Galena Park, TX. 49 CFR 177.834(i); and 174.67(j). 14270–N ........ ........................ Piper Metal Forming Corporation New Albany, MS. 49 CFR 173.302a, 173.304a. 14271–N ........ ........................ 14272–N ........ ........................ 49 CFR 173.403, 173.427(b), 173.465(c) and (d). 49 CFR 173.5a ............. 14273–N ........ ........................ 14274–N ........ ........................ Florida Power and Light Co. Jensen Beach, FL. Arrow Tank and Engineering Co. Minneapolis, MN. Garden State Tobacco d/b/a H.J. Bailey Co. Neptune, NJ. Horiba Instruments, Inc. Irvine, CA. 14275–N ........ ........................ Hawk FRP, LLC Ardmore, OK. 49 CFR 178.345 ........... 14276–N ........ ........................ Environmental Packaging Technologies Atkinson, NH. 49 CFR 173.12(b) ......... VerDate Aug<31>2005 17:33 Nov 22, 2005 Jkt 208001 PO 00000 Regulation(s) affected 49 CFR 172.102 Special provision N10; 173.308. 49 CFR 177.834(h) ....... Frm 00135 Fmt 4703 Sfmt 4703 Nature of special permits thereof To authorize the manufacture, mark, sale and use of nonDOT specification fiber reinforced hoop wrapped cylinders with water capacities with water capacities of up to 120 cubic feet for use in transporting certain Class 2 gases. (modes 1, 2, 3, 4, 5) To authorize the transportation in commerce of waste fissile uranium contaminated equipment in DOT 7A, Type A packaging when transported by motor vehicle or rail. (modes 1, 2) To authorize alternative attendance requirements for loading and unloading Class 3 flammable liquids transported by motor vehicle and rail in cargo tanks, portable tanks and rail cars. (modes 1, 2) To authorize the manufacture, mark, sale and use of nonDOT specification cylinders conforming to all regulations applicable to a DOT specification 3AL cylinder except that the material of construction is aluminum alloy 6969. (modes 1, 2, 3, 4, 5) To authorize the transportation in commerce of a Class 7 nuclear reactor head in alternative packaging. (modes 1, 3) To authorize the transportation in commerce of a non-specification cargo tank (volumetric meter prover) containing the residue of a Division 2.1 material. (mode 1) To authorize the transportation in commerce of lighters in non-DOT specification packaging without marking the approval number (T number) on the outer package. (mode 1) To authorize the discharge of a Division 2.1 material from an authorized DOT specification cylinder without removing the cylinder from the vehicle on which it is transported. (mode 1) To authorize the manufacture, mark, sale and use of nonDOT specification cargo tanks construct of fiberglass reinforced plastic for use in transporting various hazardous materials. (mode 1) To authorize the manufacture, marking and sale of a corrugated fiberboard box for use as the outer packaging for lab pack applications. (mode 1) E:\FR\FM\23NON1.SGM 23NON1

Agencies

[Federal Register Volume 70, Number 225 (Wednesday, November 23, 2005)]
[Notices]
[Pages 70915-70916]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-23136]


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

DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2005-22971; Notice 1]


Weekend Warrior Trailers, Inc., Receipt of Petition for Decision 
of Inconsequential Noncompliance

    Weekend Warrior Trailers, Inc. (Weekend Warrior) has determined 
that certain ramp-equipped travel trailers that it produced in 2001 
through 2005 do not comply with 49 CFR 571.108, Federal Motor Vehicle 
Safety Standard (FMVSS) No. 108, ``Lamps, reflective devices, and 
associated equipment.'' Weekend Warrior 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), Weekend Warrior 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 Weekend Warrior'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.
    Affected are a total of approximately 13,447 ramp-equipped travel 
trailers produced between January 2001 and September 2005. FMVSS No. 
108 requires that these vehicles be equipped with amber intermediate 
side marker lamps and reflex reflectors, and red identification lamps. 
However, the subject vehicles are not equipped with these devices.
    Weekend Warrior believes that the noncompliance is inconsequential 
to motor vehicle safety and that no corrective action is warranted. 
Weekend Warrior states that the noncompliance has caused no safety 
related accidents or injuries, and that it has received no customer 
complaints or notification of injuries or deaths related to the absence 
of the required items.
    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 0590-0001. 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.

[[Page 70916]]

    Comment closing date: December 23, 2005.

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

    Issued on: November 17, 2005.
Daniel C. Smith,
Associate Administrator for Enforcement.
[FR Doc. 05-23136 Filed 11-22-05; 8:45 am]
BILLING CODE 4910-59-P
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