Continental Tire North America, Inc., Receipt of Petition for Decision of Inconsequential Noncompliance, 5116-5117 [E6-1161]

Download as PDF hsrobinson on PROD1PC70 with NOTICES 5116 Federal Register / Vol. 71, No. 20 / Tuesday, January 31, 2006 / Notices specified in 49 CFR 593.7, NHTSA publishes notice in the Federal Register of each petition that it receives, and affords interested persons an opportunity to comment on the petition. At the close of the comment period, NHTSA decides, on the basis of the petition and any comments that it has received, whether the vehicle is eligible for importation. The agency then publishes this decision in the Federal Register. J.K. Technologies, LLC, of Baltimore, Maryland (‘‘J.K.’’) (Registered Importer 90–006) has petitioned NHTSA to decide whether nonconforming 2005 Toyota RAV4 multipurpose passenger vehicles are eligible for importation into the United States. The vehicles which J.K. believes are substantially similar are 2005 Toyota RAV4 multipurpose passenger vehicles that were manufactured for importation into, and sale in, the United States and certified by their manufacturer as conforming to all applicable Federal motor vehicle safety standards. The petitioner claims that it carefully compared non-U.S. certified 2005 Toyota RAV4 multipurpose passenger vehicles to their U.S.-certified counterparts, and found the vehicles to be substantially similar with respect to compliance with most Federal motor vehicle safety standards. J.K. submitted information with its petition intended to demonstrate that non-U.S. certified 2005 Toyota RAV4 multipurpose passenger vehicles, as originally manufactured, conform to many Federal motor vehicle safety standards in the same manner as their U.S. certified counterparts, or are capable of being readily altered to conform to those standards. Specifically, the petitioner claims that non-U.S. certified 2005 Toyota RAV4 multipurpose passenger vehicles are identical to their U.S. certified counterparts with respect to compliance with Standard Nos. 102 Transmission Shift Lever Sequence, Starter Interlock, and Transmission Braking Effect, 103 Windshield Defrosting and Defogging Systems, 104 Windshield Wiping and Washing Systems, 106 Brake Hoses, 113 Hood Latch System, 116 Motor Vehicle Brake Fluids, 119 New Pneumatic Tires for Vehicles Other than Passenger Cars, 124 Accelerator Control Systems, 135 Passenger Car Brake Systems, 201 Occupant Protection in Interior Impact, 202 Head Restraints, 204 Steering Control Rearward Displacement, 205 Glazing Materials, 206 Door Locks and Door Retention Components, 207 Seating Systems, 209 Seat Belt Assemblies, 210 Seat Belt Assembly Anchorages, 212 Windshield Mounting, VerDate Aug<31>2005 15:34 Jan 30, 2006 Jkt 208001 214 Side Impact Protection, 216 Roof Crush Resistance, 219 Windshield Zone Intrusion, 301 Fuel System Integrity, and 302 Flammability of Interior Materials. The petitioner also contends that the vehicles are capable of being readily altered to meet the following standards, in the manner indicated: Standard No. 101 Controls and Displays: Installation of a U.S.-model instrument cluster. U.S. version software must also be downloaded to meet the requirements of this standard. Standard No. 108 Lamps, Reflective Devices and Associated Equipment: Installation of U.S.-model: (a) Headlamps; (b) front side marker lights; (c) rear side marker lights; and (d) taillamp assemblies or modification of existing taillamps to conform to the standard. Standard No. 111 Rearview Mirrors: Installation of a U.S.-model passenger side rearview mirror, or inscription of the required warning statement on the face of that mirror. Standard No. 114 Theft Protection: Installation of U.S. version software to meet the requirements of this standard. Standard No. 118 Power-Operated Window, Partition, and Roof Panel Systems: Installation of U.S. version software. Standard No. 120 Tire Selection and Rims for Motor Vehicles Other than Passenger Cars: Installation of a tire information placard. Standard No. 208 Occupant Crash Protection: (a) Inspection of all vehicles and replacement of any non U.S.-model seat belts, air bag control units, air bags, and sensors with U.S.-model components on vehicles that are not already so equipped, and; (b) installation of U.S. version software to ensure that the seat belt warning system meets the requirements of this standard. Petitioner states that the vehicle’s restraint system components include U.S.-model airbags and knee bolsters, and combination lap and shoulder belts at the outboard front designated seating positions. Standard No. 225 Child Restraint Anchorage Systems, inspection of all vehicles and installation, on vehicles that are not already so equipped, of U.S.-model components to meet the requirements of this standard. The petitioner additionally states that a vehicle identification plate must be affixed to the vehicles near the left windshield post to meet the requirements of 49 CFR Part 565. Interested persons are invited to submit comments on the petition described above. Comments should refer to the docket number and be submitted to: Docket Management, Room PL–401, PO 00000 Frm 00068 Fmt 4703 Sfmt 4703 400 Seventh St., SW., Washington, DC 20590. [Docket hours are from 9 a.m. to 5 p.m.]. It is requested but not required that 10 copies be submitted. All comments received before the close of business on the closing date indicated above will be considered, and will be available for examination in the docket at the above address both before and after that date. To the extent possible, comments filed after the closing date will also be considered. Notice of final action on the petition will be published in the Federal Register pursuant to the authority indicated below. Authority: 49 U.S.C. 30141(a)(1)(A) and (b)(1); 49 CFR 593.8; delegations of authority at 49 CFR 1.50 and 501.8. Claude H. Harris, Director, Office of Vehicle Safety Compliance. [FR Doc. E6–1183 Filed 1–30–06; 8:45 am] BILLING CODE 4910–59–P DEPARTMENT OF TRANSPORTATION National Highway Traffic Safety Administration [Docket No. NHTSA–2006–23684; Notice 1] Continental Tire North America, Inc., Receipt of Petition for Decision of Inconsequential Noncompliance Continental Tire North America, Inc. (Continental Tire) has determined that certain tires it produced in 2004 and 2005 do not comply with S5.5(d) of 49 CFR 571.139, Federal Motor Vehicle Safety Standard (FMVSS) No. 139, ‘‘New pneumatic radial tires for light vehicles.’’ Continental 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), Continental 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 Continental 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. Affected are a total of approximately 2,500 model 235/85R16 C Grabber TR tires manufactured in 2004 and 2005. S5.5(d) of FMVSS No. 139 requires that each tire must be marked on each sidewall with the maximum load rating. The noncompliant tires are marked on the sidewall ‘‘max load single 1380 kg (3042 lbs)’’ whereas the correct marking E:\FR\FM\31JAN1.SGM 31JAN1 Federal Register / Vol. 71, No. 20 / Tuesday, January 31, 2006 / Notices should be ‘‘max load single 1400 kg (3085 lbs).’’ Continental Tire believes that the noncompliance is inconsequential to motor vehicle safety and that no corrective action is warranted. Continental Tire states, DEPARTMENT OF TRANSPORTATION hsrobinson on PROD1PC70 with NOTICES Submission for OMB Review; Comment Request [STB Ex Parte No. 290 (Sub-No. 4)] January 24, 2006. Railroad Cost Recovery ProceduresProductivity Adjustment Interested persons are invited to submit written data, views, and arguments on this petition. 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: March 2, 2006. DEPARTMENT OF THE TREASURY Surface Transportation Board All other sidewall identification markings and safety information is correct. A consumer acting on the incorrect information would underload the vehicle by 20 kg per tire. This incorrect load capacity molding does not affect the safety, performance and durability of the tire; the tire was built as designed. Authority: (49 U.S.C. 30118, 30120: Delegations of authority at CFR 1.50 and 501.8) The Department of the Treasury has submitted the following public information collection requirement(s) to OMB for review and clearance under the Paperwork Reduction Act of 1995, Public Law 104–13. Copies of the submission(s) may be obtained by calling the Treasury Bureau Clearance Officer listed. Comments regarding this information collection should be addressed to the OMB reviewer listed and to the Treasury Department Clearance Officer, Department of the Treasury, Room 11000, 1750 Pennsylvania Avenue, NW., Washington, DC 20220. DATES: Written comments should be received on or before March 2, 2006 to be assured of consideration. AGENCY: Surface Transportation Board, DOT. Proposed adoption of a Railroad Cost Recovery Procedures-productivity adjustment. ACTION: SUMMARY: The Surface Transportation Board proposes to adopt 1.019 (1.9%) as the measure of average change in railroad productivity for the 2000–2004 (5-year) averaging period. This value is a decline of 1% from the current measure of 2.9% that was developed for the 1999–2003 period. Comments are due February 15, 2006. Effective Date: The proposed productivity adjustment is effective March 1, 2006. DATES: Send comments (an original and 10 copies) referring to STB Ex Parte No. 290 (Sub-No. 4) to: Surface Transportation Board, 1925 K Street, NW., Washington, DC 20423–0001. ADDRESSES: H. Jeff Warren, (202) 565–1533. [Federal Information Relay Service (FIRS) for the hearing impaired: 1–800–877–8339.] FOR FURTHER INFORMATION CONTACT: SUPPLEMENTARY INFORMATION: Additional information is contained in the Board’s decision, which is available on our Web site https://www.stb.dot.gov. To purchase a copy of the full decision, write to, e-mail or call the Board’s contractor, ASAP Document Solutions; 9332 Annapolis Rd., Suite 103, Lanham, MD 20706; e-mail: asapdc@verizon.net; phone: (202) 306–4004. [Assistance for the hearing impaired is available through FIRS: 1–800–877–8339.] This action will not significantly affect either the quality of the human environment or energy conservation. Pursuant to 5 U.S.C. 605(b), we conclude that our action will not have a significant economic impact on a substantial number of small entities within the meaning of the Regulatory Flexibility Act. Issued on: January 24, 2006. Daniel C. Smith, Associate Administrator for Enforcement. [FR Doc. E6–1161 Filed 1–30–06; 8:45 am] Decided: January 23, 2006. By the Board, Chairman Buttrey, and Vice Chairman Mulvey. Vernon A. Williams, Secretary. [FR Doc. E6–1187 Filed 1–30–06; 8:45 am] BILLING CODE 4910–59–P BILLING CODE 4915–01–P VerDate Aug<31>2005 15:34 Jan 30, 2006 Jkt 208001 5117 PO 00000 Frm 00069 Fmt 4703 Sfmt 4703 Internal Revenue Service (IRS) OMB Number: 1545–1146. Type of Review: Extension. Title: Applicable Conventions under the Accelerated Cost Recovery System PS–54–89 (Final). Description: The regulations describe the time and manner of making the notation required to be made on Form 4562 under certain circumstances when the taxpayer transfers property in certain non-recognition transactions. The information is necessary to monitor compliance with the section 168 rule. Respondents: Business or other forprofit and Farms. Estimated Total Burden Hours: 70 hours. OMB Number: 1545–1948. Type of Review: Extension. Title: One-Time Dividends Received Deduction for Certain Cash Dividends from Controlled Foreign Corporations. Form: IRS form 8895. Description: Form 8895 is used by a U.S. corporation to elect the 85% dividends received deduction provided under section 965 and to compute the DRD. Respondents: Business or other forprofit. Estimated Total Burden Hours: 50,020 hours. OMB Number: 1545–1957. Type of Review: Extension. Title: Notice 2005–64 Foreign Tax Credit and other Guidance under Section 965. Description: This document provide guidance under new section 965 enacted by the American Jobs Creation Act of 2004 (Pub. L. 108–357). In general, and subject to limitations and E:\FR\FM\31JAN1.SGM 31JAN1

Agencies

[Federal Register Volume 71, Number 20 (Tuesday, January 31, 2006)]
[Notices]
[Pages 5116-5117]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-1161]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2006-23684; Notice 1]


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

    Continental Tire North America, Inc. (Continental Tire) has 
determined that certain tires it produced in 2004 and 2005 do not 
comply with S5.5(d) of 49 CFR 571.139, Federal Motor Vehicle Safety 
Standard (FMVSS) No. 139, ``New pneumatic radial tires for light 
vehicles.'' Continental 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), Continental 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 Continental 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.
    Affected are a total of approximately 2,500 model 235/85R16 C 
Grabber TR tires manufactured in 2004 and 2005. S5.5(d) of FMVSS No. 
139 requires that each tire must be marked on each sidewall with the 
maximum load rating. The noncompliant tires are marked on the sidewall 
``max load single 1380 kg (3042 lbs)'' whereas the correct marking

[[Page 5117]]

should be ``max load single 1400 kg (3085 lbs).''
    Continental Tire believes that the noncompliance is inconsequential 
to motor vehicle safety and that no corrective action is warranted. 
Continental Tire states,

    All other sidewall identification markings and safety 
information is correct. A consumer acting on the incorrect 
information would underload the vehicle by 20 kg per tire. This 
incorrect load capacity molding does not affect the safety, 
performance and durability of the tire; the tire was built as 
designed.

    Interested persons are invited to submit written data, views, and 
arguments on this petition. 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: March 2, 2006.

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

    Issued on: January 24, 2006.
Daniel C. Smith,
Associate Administrator for Enforcement.
 [FR Doc. E6-1161 Filed 1-30-06; 8:45 am]
BILLING CODE 4910-59-P