Yokohama Tire Corporation, Grant of Petition for Decision of Inconsequential Noncompliance, 33333-33334 [E6-8878]

Download as PDF Federal Register / Vol. 71, No. 110 / Thursday, June 8, 2006 / Notices cprice-sewell on PROD1PC66 with NOTICES Federal programs and activities apply to this program). be accomplished by creating an additional travel lane in each direction (east and west), separating the east and Victoria Peters, west bound lanes by a median, Director, Office of Engineering Operations, improving inside and outside widths, Federal Highway Administration, Columbus, and providing left-turn channelization Ohio. at all public road intersections within [FR Doc. 06–5217 Filed 6–7–06; 8:45 am] the project limits. Safety would also be BILLING CODE 4910–22–P improved at the State Route 46/41 junction by replacing the at grade DEPARTMENT OF TRANSPORTATION intersection with a new interchange for the connection. The FHWA project reference number is H240 00PE (006). Federal Highway Administration The actions by the Federal agencies, and Notice of Final Federal Agency Actions the laws under which such actions were on Proposed Highway in California taken, are described in the Environmental Assessment (EA)/ AGENCY: Federal Highway Finding of No Significant Impact Administration (FHWA), DOT. (FONSI) for the project, approved on ACTION: Notice of limitation on claims May 19th, 2006, and in other documents for judicial review of actions by FHWA in the FHWA administrative record. The and other Federal agencies. EA/FONSI, and other documents in the SUMMARY: This notice announces actions FHWA administrative record file are available by contacting the FHWA or the taken by the FHWA and other Federal California Department of Transportation agencies that are final within the at the addresses provided above. The meaning of 23 U.S.C. 139(l)(1). These FHWA EA/FONSI can be reviewed and actions relate to a proposed highway downloaded from the project Web site at project, State Route 46 Corridor Improvement Project between Kilo Posts https://safer46.dot.ca.gov/. The notice applies to all Federal 51.8 to 90.6 (Post Miles 32.2 to 56.3) in agency decisions as of the issuance date San Luis Obispo County, State of of this notice and all laws under which California. These actions grant such actions were taken, including but approvals for the project. not limited to: DATES: By this notice, the FHWA is 1. General: National Environmental advising the public of final agency Policy Act (NEPA) [42 U.S.C. 4321– actions subject to 23 U.S.C. 139(l)(1). A 4351]; Federal-Aid Highway Act [23 claim seeking judicial review of the U.S.C. 109]. Federal agency actions on the highway 2. Air: Clean Air Act, 42 U.S.C. 7401– project will be barred unless the claim 7671(q). is filed on or before December 5, 2006. 3. Land: Landscaping and Scenic If the Federal law that authorizes Enhancement (Wildflowers), 23 U.S.C. judicial review of a claim provides a 319. time period of less than 180 days for 4. Wildlife: Endangered Species Act filing such claim, then that shorter time [16 U.S.C. 1531–1544 and section 1536], period still applies. Fish and Wildlife Coordination Act [16 FOR FURTHER INFORMATION CONTACT: U.S.C. 661–667(d)], Migratory Bird Dominic Hoang, Project Development Treaty Act [16 U.S.C. 703–712]. Engineer, Federal Highway 5. Historic and Cultural Resources: Administration, 650 Capitol Mall, #4– Section 106 of the National Historic 100, Sacramento, CA 95814, weekdays Preservation Act of 1966, as amended between 7 a.m. and 4 p.m., telephone [16 U.S.C. 470(f) et seq.]; Archeological 916–498–5002, Resources Protection Act of 1977 [16 dominic.hoang@fhwa.dot.gov. John U.S.C. 470(aa)–11]; Archeological and Luchetta, Senior Environmental Historic Preservation Act [16 U.S.C. Planner, California Department of 469–469(c)]; Native American Grave Transportation, 50 Higuera Street, San Protection and Repatriation Act Luis Obispo, CA 93402, weekdays (NAGPRA) [25 U.S.C. 2001–3013]. between 8 a.m. and 4:30 p.m., (805) 6. Social and Economic: Civil Rights 549–3493, johnlLuchetta@dot.ca.gov. Act of 1964 [42 U.S.C. 2000(d)– SUPPLEMENTARY INFORMATION: Notice is 2000(d)(1)]; American Indian Religious hereby given that the FHWA and other Freedom Act [42 U.S.C. 1996]; Farmland Federal agencies have taken final agency Protection Policy Act (FPPA) [7 U.S.C. actions by issuing approvals for the 4201–4209]; The Uniform Relocation following highway project in the State Assistance and Real Property of California. This project would Acquisition Policies Act of 1970, as improve safety and provide congestion amended. 7. Hazardous Materials: relief on State Route 46, San Luis Comprehensive Environmental Obispo County, California. This would VerDate Aug<31>2005 15:37 Jun 07, 2006 Jkt 208001 PO 00000 Frm 00056 Fmt 4703 Sfmt 4703 33333 Response, Compensation, and Liabiilty Act (CERCLA), 42 U.S.C. 9601–9675; Superfund Amendments and Reauthorization Act of 19086 (SARA); Resource Conservation and Recovery Act (RCRA), 42 U.S.C. 6901–6992(k). 8. Executive Orders: E.O. 11990 Protection of Wetlands; E.O. 11988 Floodplain Management; E.O. 12898, Fedeal Actions to Address Environmental Justice in Minority Populations and Low Income Populations; E.O. 11593 Protection and Enhancement of Cultural Resources; E.O. 13007 Indian Sacred Sites; E.O. 13287 Preserve America; E.O. 13175 Consultation and Coordination with Indian Tribal Governments; E.O. 11514 Protection and Enhancement of Environmental Quality; E.O. 13112 Invasive Species. (Catalog of Fedeal Domestic Assistance Program Number 20.205, Highway Planning and Construction. The regulations implementing Executive Order 12372 regarding intergovernmental consultation of Federal programs and activities apply to this program.) (Authority: 23 U.S.C. 139(l)(1)). Issued on: June 1, 2006. Maiser Khaled, Director, Project Development & Environment, Sacramento, California. [FR Doc. 06–5202 Filed 6–7–06; 8:45 am] BILLING CODE 4910–22–M DEPARTMENT OF TRANSPORTATION National Highway Traffic Safety Administration [Docket No. NHTSA 2006–24322; Notice 2] Yokohama Tire Corporation, Grant of Petition for Decision of Inconsequential Noncompliance Yokohama Tire Corporation (Yokohama) has determined that certain tires that it produced in 2005 and 2006 do not comply with S4.3.2 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), Yokohama 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 April 7, 2006, in the Federal Register (71 FR 17954). NHTSA received no comments. Affected are a total of approximately 1,918 Yokohama brand T155/70D17 110M Y870B temporary-use-only tires produced from August 2005 to February E:\FR\FM\08JNN1.SGM 08JNN1 33334 Federal Register / Vol. 71, No. 110 / Thursday, June 8, 2006 / Notices 2006. S4.3.2 of FMVSS No. 109 refers to 49 CFR 574.5, which requires 3⁄4 inch maximum width spacing between the manufacturer’s identification mark/tire size code grouping and the subsequent tire type code and date of manufacture. The subject tires have a spacing that exceeds 3⁄4 inch. Yokohama has corrected the problem that caused these errors so that they will not be repeated in future production. Yokohama believes that the noncompliance is inconsequential to motor vehicle safety and that no corrective action is warranted. Yokohama states that the noncompliant spacing ‘‘does not impair the purpose or the use of the identification number and does not pose a threat to motor vehicle safety.’’ Yokohama says that all other aspects of the tire identification number comply with the standard. NHTSA agrees with Yokohama that the noncompliance is inconsequential to motor vehicle safety. Although the spacing is incorrect, all the correct information required by FMVSS No. 109 is provided and therefore is likely to achieve the safety purposes of the requirement. All other informational markings are present, and the tires meet or exceed all of the performance requirements of FMVSS No. 109. 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, Yokohama’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: June 2, 2006. Daniel C. Smith, Associate Administrator for Enforcement. [FR Doc. E6–8878 Filed 6–7–06; 8:45 am] BILLING CODE 4910–59–P DEPARTMENT OF TRANSPORTATION Surface Transportation Board cprice-sewell on PROD1PC66 with NOTICES [STB Docket No. AB–290 (Sub–No. 266X)] Norfolk Southern Railway Company— Abandonment Exemption—in McDowell County, NC Norfolk Southern Railway Company (NSR) has filed a notice of exemption under 49 CFR part 1152 Subpart F— Exempt Abandonments to abandon approximately 3.5 miles of railroad between milepost SB 205.0 and VerDate Aug<31>2005 15:37 Jun 07, 2006 Jkt 208001 milepost SB 208.5, near Marion, in McDowell County, NC. The line traverses United States Postal Service Zip Code 28752. NSR has certified that: (1) No local traffic has moved over the line for at least 2 years; (2) any overhead traffic can be rerouted over other lines; (3) no formal complaint filed by a user of rail service on the line (or by a state or local government entity acting on behalf of such user) regarding cessation of service over the line either is pending with the Surface Transportation Board or with any U.S. District Court or has been decided in favor of complainant within the 2-year period; and (4) the requirements of 49 CFR 1105.7 (environmental report), 49 CFR 1105.8 (historic report), 49 CFR 1105.11 (transmittal letter), 49 CFR 1105.12 (newspaper publication), and 49 CFR 1152.50(d)(l) (notice to governmental agencies) have been met. As a condition to this exemption, any employees adversely affected by the abandonment shall be protected under Oregon Short Line R. Co.— Abandonment—Goshen, 360 I.C.C. 91 (1979). To address whether this condition adequately protects affected employees, a petition for partial revocation under 49 U.S.C. 10502(d) must be filed. Provided no formal expression of intent to file an offer of financial assistance (OFA) has been received, this exemption will be effective on July 8, 2006, unless stayed pending reconsideration. Petitions to stay that do not involve environmental issues,1 formal expressions of intent to file an OFA under 49 CFR 1152.27(c)(2),2 and trail use/rail banking requests under 49 CFR 1152.29 must be filed by June 19, 2006. Petitions to reopen or requests for public use conditions under 49 CFR 1152.28 must be filed by June 28, 2006, with: Surface Transportation Board, 1925 K Street, NW., Washington, DC 20423–0001.3 A copy of any petition filed with the Board should be sent to NSR’s representative: James R. Paschall, Three Commercial Place, Norfolk, VA 23510– 2191. If the verified notice contains false or misleading information, the exemption is void ab initio. NSR has filed environmental and historic reports which address the effects, if any, of the abandonment on the environment and historic resources. SEA will issue an environmental assessment (EA) by June 13, 2006. Interested persons may obtain a copy of the EA by writing to SEA (Room 500, Surface Transportation Board, Washington, DC 20423–0001) or by calling SEA, at (202) 565–1539. [Assistance for the hearing impaired is available through the Federal Information Relay Service (FIRS) at 1– 800–877–8339.] Comments on environmental and historic preservation matters must be filed within 15 days after the EA becomes available to the public. Environmental, historic preservation, public use, or trail use/rail banking conditions will be imposed, where appropriate, in a subsequent decision. Pursuant to the provisions of 49 CFR 1152.29(e)(2), NSR shall file a notice of consummation with the Board to signify that it has exercised the authority granted and fully abandoned the line. If consummation has not been effected by NSR’s filing of a notice of consummation by June 8, 2007, and there are no legal or regulatory barriers to consummation, the authority to abandon will automatically expire. Board decisions and notices are available on our Web site at https:// www.stb.dot.gov. 1 The Board will grant a stay if an informed decision on environmental issues (whether raised by a party or by the Board’s Section of Environmental Analysis (SEA) in its independent investigation) cannot be made before the exemption’s effective date. See Exemption of Outof-Service Rail Lines, 5 I.C.C.2d 377 (1989). Any request for a stay should be filed as soon as possible so that the Board may take appropriate action before the exemption’s effective date. 2 Each OFA must be accompanied by the filing fee which as of April 19, 2006, is set at $1,300. See Regulations Governing Fees for Service Performed in Connection With Licensing and Related Services2006 Update, STB Ex Parte No. 542 (Sub-No. 13) (STB served Mar. 20, 2006). See 49 CFR 1002.2(f)(25). 3 On May 22, 2006, the City of Marion, NC filed a request for issuance of a notice of interim trail use and for imposition of a public use condition. The requests will be addressed in a separate decision. BILLING CODE 4915–01–P PO 00000 Frm 00057 Fmt 4703 Sfmt 4703 Decided: June 1, 2006. By the Board, David M. Konschnik, Director, Office of Proceedings. Vernon A. Williams, Secretary. [FR Doc. E6–8851 Filed 6–7–06; 8:45 am] DEPARTMENT OF THE TREASURY Alcohol and Tobacco Tax and Trade Bureau Proposed Information Collections; Comment Request Alcohol and Tobacco Tax and Trade Bureau (TTB), Treasury. ACTION: Notice and request for comments. AGENCY: SUMMARY: As part of our continuing effort to reduce paperwork and E:\FR\FM\08JNN1.SGM 08JNN1

Agencies

[Federal Register Volume 71, Number 110 (Thursday, June 8, 2006)]
[Notices]
[Pages 33333-33334]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-8878]


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

DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA 2006-24322; Notice 2]


Yokohama Tire Corporation, Grant of Petition for Decision of 
Inconsequential Noncompliance

    Yokohama Tire Corporation (Yokohama) has determined that certain 
tires that it produced in 2005 and 2006 do not comply with S4.3.2 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), 
Yokohama 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 April 7, 2006, in the Federal Register (71 FR 
17954). NHTSA received no comments.
    Affected are a total of approximately 1,918 Yokohama brand T155/
70D17 110M Y870B temporary-use-only tires produced from August 2005 to 
February

[[Page 33334]]

2006. S4.3.2 of FMVSS No. 109 refers to 49 CFR 574.5, which requires 
\3/4\ inch maximum width spacing between the manufacturer's 
identification mark/tire size code grouping and the subsequent tire 
type code and date of manufacture. The subject tires have a spacing 
that exceeds \3/4\ inch. Yokohama has corrected the problem that caused 
these errors so that they will not be repeated in future production.
    Yokohama believes that the noncompliance is inconsequential to 
motor vehicle safety and that no corrective action is warranted. 
Yokohama states that the noncompliant spacing ``does not impair the 
purpose or the use of the identification number and does not pose a 
threat to motor vehicle safety.'' Yokohama says that all other aspects 
of the tire identification number comply with the standard.
    NHTSA agrees with Yokohama that the noncompliance is 
inconsequential to motor vehicle safety. Although the spacing is 
incorrect, all the correct information required by FMVSS No. 109 is 
provided and therefore is likely to achieve the safety purposes of the 
requirement. All other informational markings are present, and the 
tires meet or exceed all of the performance requirements of FMVSS No. 
109.
    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, 
Yokohama'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: June 2, 2006.
Daniel C. Smith,
Associate Administrator for Enforcement.
[FR Doc. E6-8878 Filed 6-7-06; 8:45 am]
BILLING CODE 4910-59-P
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