Goodyear Dunlop Tires North America, Ltd., Grant of Petition for Decision of Inconsequential Noncompliance, 44799-44800 [E8-17527]

Download as PDF Federal Register / Vol. 73, No. 148 / Thursday, July 31, 2008 / Notices Section 556 of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 2006 (Pub. L. 109– 102) (‘‘FY 2006 FOAA’’), as carried forward in the Revised Continuing Appropriations Resolution, 2007 (Pub. L. 110–5) (‘‘FY 2007 CR’’), and Section 649 of the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2008 (Div. J, Pub. L. 110–161) (‘‘FY 2008 SFOAA’’), and delegated to me pursuant to Department of State Delegation of Authority 245, I hereby determine, certify, and report that the Colombian Armed Forces are meeting the conditions contained in Sections 556(a)(2) and 556(a)(3) of FY 2006 FOAA, as carried forward in the FY 2007 CR, as well as Sections 649(c)(2) and 649(c)(3) of the FY 2008 SFOAA, and that I have consulted with Congress as is consistent with the latter. The Department of State has periodically consulted with internationally recognized human rights organizations regarding the Colombian Armed Forces’ progress in meeting the above-mentioned conditions, as provided in Section 556(c) of the FY 2006 FOAA, as carried forward in the FY 2007 CR, and Section 649(d) of the FY 2008 SFOAA. This Determination and Certification shall be published in the Federal Register and copies shall be transmitted to the appropriate committees of Congress. report pursuant to 49 CFR Part 573, Defect and Noncompliance Responsibility and Reports identifying approximately 3,050 150/60R18 Dunlop D251 motorcycle tires, produced from January 2003 through July 2004, that do not comply with the paragraphs of FMVSS No. 119 cited above. Pursuant to 49 U.S.C. 30118(d) and 30120(h) and the rule implementing those provisions at 49 CFR part 556, GDTNA 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 the petition was published, with a 30-day public comment period, on May 12, 2008 in the Federal Register (73 FR 27023). No comments were received. To view the petition and all supporting documents log onto the Federal Docket Management System Web site at: https://www.regulations.gov/. Then follow the online search instructions to locate docket number ‘‘NHTSA–2008– 0086.’’ For further information on this decision, contact Mr. George Gillespie, Office of Vehicle Safety Compliance, the National Highway Traffic Safety Administration (NHTSA), telephone (202) 366–5299, facsimile (202) 366– 7002. Paragraph S6.5(f) of 49 CFR 571.119 requires: Dated: July 28, 2008. John D. Negroponte, Deputy Secretary of State, Department of State. [FR Doc. E8–17680 Filed 7–30–08; 8:45 am] S6.5(f) The actual number of plies and the composition of the ply cord material in the sidewall and, if different, in the tread area. BILLING CODE 4710–29–P DEPARTMENT OF TRANSPORTATION National Highway Traffic Safety Administration [Docket No. NHTSA–2008–0086; Notice 2] jlentini on PROD1PC65 with NOTICES Goodyear Dunlop Tires North America, Ltd., Grant of Petition for Decision of Inconsequential Noncompliance Goodyear Dunlop Tires North American, Ltd, (GDTNA), has determined that certain tires that it manufactured during the period beginning January 2003 through July 2004, do not fully comply with paragraph S6.5(f) of 49 CFR 571.119 (Federal Motor Vehicle Safety Standard (FMVSS) No. 119 New Pneumatic Tires for Motor Vehicles With a GVWR of More than 4,536 Kilograms (10,000 pounds) and Motorcycles. On January 18, 2008, GDTNA filed an appropriate VerDate Aug<31>2005 15:53 Jul 30, 2008 Jkt 214001 GDTNA described the noncompliance as incorrect labeling of construction materials information on the sidewalls. The labeling incorrectly lists ‘‘TREAD 5 PLIES 2 RAYON + 3 NYLON’’ and ‘‘SIDEWALL: 2 PLIES 2 RAYON’’ whereas this labeling should be ‘‘TREAD 4 PLIES 2 NYLON + 2 NYLON’’ and ‘‘SIDEWALL 2 PLIES 2 NYLON.’’ GDTNA stated that it believes the noncompliance is inconsequential to motor vehicle safety because most consumers do not base tire purchase or vehicle operation on the construction information listed on the tire sidewalls, the tires meet or exceed all other applicable FMVSS, they ‘‘were designed, manufactured and tested to the standards and regulations as applicable, and they meet all of the internal and regulatory performance test requirements.’’ GDTNA also stated that it has corrected the problem with the affected tire mold and that all subsequent production will have the correct PO 00000 Frm 00098 Fmt 4703 Sfmt 4703 44799 material information shown on the sidewall. GDTNA additionally stated that no customer complaints have been received. NHTSA Decision By way of background, the Transportation Recall, Enhancement, Accountability, and Documentation (TREAD) Act (Pub. L. 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 Sections 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 GDTNA’s statement that the incorrect 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 because most consumers do not base tire purchases or vehicle operation parameters on the number of plies in the tire. In addition, the tires are certified to meet all the performance requirements of FMVSS No. 119. In consideration of the foregoing, NHTSA has decided that GDTNA has met its burden of persuasion that the subject FMVSS No. 119 labeling noncompliance is inconsequential to motor vehicle safety. Accordingly, GDTNA’s petition is granted and the 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. E:\FR\FM\31JYN1.SGM 31JYN1 44800 Federal Register / Vol. 73, No. 148 / Thursday, July 31, 2008 / Notices petitioner is exempted from the obligation of providing notification of, and a remedy for, the subject noncompliance under 49 U.S.C. 30118 and 30120. Authority: 49 U.S.C. 30118, 30120; delegations of authority at 49 CFR 1.50 and 501.8. Issued on: July 25, 2008. Daniel C. Smith, Associate Administrator for Enforcement. [FR Doc. E8–17527 Filed 7–30–08; 8:45 am] BILLING CODE 4910–59–P DEPARTMENT OF TRANSPORTATION Pipeline and Hazardous Materials Safety Administration [Docket ID PHMSA–RSPA–1997–2426] Pipeline Safety: National Pipeline Mapping System Pipeline and Hazardous Materials Safety Administration (PHMSA), DOT. ACTION: Notice; Issuance of Advisory Bulletin. AGENCY: This document advises gas transmission pipeline operators, hazardous liquid pipeline operators, and Liquefied Natural Gas (LNG) plant operators of voluntary changes pertaining to submittal dates and Operator ID numbers for National Pipeline Mapping System (NPMS) submissions. SUMMARY: FOR FURTHER INFORMATION CONTACT: Amy Nelson by phone at (202) 493– 0591 or by e-mail at amy.nelson@dot.gov. SUPPLEMENTARY INFORMATION: I. Background The Pipeline Safety Improvement Act of 2002 requires gas transmission pipeline operators, hazardous liquid pipeline operators, and LNG plant operators to submit data to NPMS. Currently, operators submit their data annually, within one year of the last submission date. PHMSA is attempting to simplify NPMS’s reporting process and to improve PHMSA’s ability to accurately describe an operator’s assets internally and to Congress. jlentini on PROD1PC65 with NOTICES II. Advisory Bulletin (ADB–08–07) To: Operators of Gas Transmission Pipelines, Hazardous Liquid Pipelines and LNG Plant Operators. Subject: NPMS Submissions. Purpose: To advise operators of voluntary changes to their NPMS submissions. VerDate Aug<31>2005 15:53 Jul 30, 2008 Jkt 214001 Advisory: Beginning on January 1, 2009, PHMSA is requesting that operators submit their NPMS data concurrently with hazardous liquid and gas transmission annual report submissions. Annual reports are due on March 15 each year for gas transmission operators and on June 15 for hazardous liquid operators. PHMSA suggests that beginning on January 1, 2009, gas transmission NPMS submissions be submitted by March 15, 2009, and represent the pipeline operator assets as of December 31, 2008. LNG plant operators would also submit to NPMS by March 15, 2009, representing assets as of December 31, 2008. Hazardous liquid annual reports and NPMS submissions would both be submitted by June 15, 2009, representing assets as of December 31, 2008. In 2010 and beyond, the annual report and NPMS submission due dates would remain March 15 for gas transmission and LNG plants and June 15 for hazardous liquid pipelines. NPMS submissions would represent physical assets as of December 31 of the previous year. Submitting annual reports and NPMS data at the same time will alleviate the need for pipeline operators to track their last NPMS submission and may decrease the receipt of notices from PHMSA that data has not been submitted. PHMSA also suggests that Operator ID numbers (internal DOT numbers assigned by PHMSA to the operator for specific assets) in annual report submissions match the same assets described in NPMS submissions. Operators who choose to follow this guidance will use the same Operator ID number to describe a pipeline or LNG asset in both the annual report and NPMS submission beginning with their 2009 submissions. This does not apply to pipeline operators who have requested and been assigned only one Operator ID number. Synchronizing the Operator ID numbers will alleviate confusion in identifying operator assets and improve PHMSA’s ability to accurately describe the pipeline operated by a specific pipeline operator. The ability to accurately identify and track operator physical assets is beneficial to PHMSA, pipeline operators, and all stakeholders who utilize our data, and ultimately helps promote pipeline safety. Pipeline operators whose NPMS submission due date would normally fall between October 1, 2008, and December 31, 2008, and who choose to align their submission dates with annual report due dates, may wait to submit their 2008 data capture until their new submission dates (either PO 00000 Frm 00099 Fmt 4703 Sfmt 4703 March 15, 2009 or June 15, 2009). As stated above, NPMS submissions will reflect the state of the assets on December 31, 2008. The NPMS processing department encourages operators to submit data prior to the suggested deadlines. Submitting early will speed submission processing and provide time for the processing department to notify operators if a submission is incomplete. Submissions for the December 31, 2008, data capture will be accepted starting January 2, 2009. If operators have no change since their previous NPMS submission, they may continue to send an e-mail to npms-nr@mbakercorp.com or use the ‘‘Update your submission online’’ tool on the NPMS Web site (https://www.npms.phmsa.dot.gov) in lieu of making a submission. Issued in Washington, DC, on July 24, 2008. Jeffrey D. Wiese, Associate Administrator for Pipeline Safety. [FR Doc. E8–17532 Filed 7–30–08; 8:45 am] BILLING CODE 4910–60–P DEPARTMENT OF TRANSPORTATION Pipeline and Hazardous Materials Safety Administration [Docket No. PHMSA–2008–0186] Pipeline Safety: Voluntary Survey of Regulated and Unregulated Low-Stress Pipeline Information Pipeline and Hazardous Materials Safety Administration (PHMSA), DOT. ACTION: Notice. AGENCY: SUMMARY: PHMSA’s Office of Pipeline Safety (OPS) is requesting each operator of a rural low-stress hazardous liquid pipeline to complete a voluntary survey to gather information concerning the mileage and characteristics of these pipelines to assess the costs of subjecting rural low-stress pipeline mileage to the pipeline safety standards and regulations pursuant to the PIPES Act. The purpose of this notice is to request all operators of LSPs to complete the voluntary survey, including operators of low-stress pipelines that will not be subject to the pipeline safety standards and regulations until Phase II of the rulemaking proceeding. DATES: It is requested that the voluntary survey be completed by September 15, 2008. ADDRESSES: To complete the voluntary survey, go to the OPS Online Data Entry Web site at https:// E:\FR\FM\31JYN1.SGM 31JYN1

Agencies

[Federal Register Volume 73, Number 148 (Thursday, July 31, 2008)]
[Notices]
[Pages 44799-44800]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-17527]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2008-0086; Notice 2]


Goodyear Dunlop Tires North America, Ltd., Grant of Petition for 
Decision of Inconsequential Noncompliance

    Goodyear Dunlop Tires North American, Ltd, (GDTNA), has determined 
that certain tires that it manufactured during the period beginning 
January 2003 through July 2004, do not fully comply with paragraph 
S6.5(f) of 49 CFR 571.119 (Federal Motor Vehicle Safety Standard 
(FMVSS) No. 119 New Pneumatic Tires for Motor Vehicles With a GVWR of 
More than 4,536 Kilograms (10,000 pounds) and Motorcycles. On January 
18, 2008, GDTNA filed an appropriate report pursuant to 49 CFR Part 
573, Defect and Noncompliance Responsibility and Reports identifying 
approximately 3,050 150/60R18 Dunlop D251 motorcycle tires, produced 
from January 2003 through July 2004, that do not comply with the 
paragraphs of FMVSS No. 119 cited above.
    Pursuant to 49 U.S.C. 30118(d) and 30120(h) and the rule 
implementing those provisions at 49 CFR part 556, GDTNA 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 the 
petition was published, with a 30-day public comment period, on May 12, 
2008 in the Federal Register (73 FR 27023). No comments were received. 
To view the petition and all supporting documents log onto the Federal 
Docket Management System Web site at: https://www.regulations.gov/. Then 
follow the online search instructions to locate docket number ``NHTSA-
2008-0086.''
    For further information on this decision, contact Mr. George 
Gillespie, Office of Vehicle Safety Compliance, the National Highway 
Traffic Safety Administration (NHTSA), telephone (202) 366-5299, 
facsimile (202) 366-7002.
    Paragraph S6.5(f) of 49 CFR 571.119 requires:

    S6.5(f) The actual number of plies and the composition of the 
ply cord material in the sidewall and, if different, in the tread 
area.

    GDTNA described the noncompliance as incorrect labeling of 
construction materials information on the sidewalls. The labeling 
incorrectly lists ``TREAD 5 PLIES 2 RAYON + 3 NYLON'' and ``SIDEWALL: 2 
PLIES 2 RAYON'' whereas this labeling should be ``TREAD 4 PLIES 2 NYLON 
+ 2 NYLON'' and ``SIDEWALL 2 PLIES 2 NYLON.''
    GDTNA stated that it believes the noncompliance is inconsequential 
to motor vehicle safety because most consumers do not base tire 
purchase or vehicle operation on the construction information listed on 
the tire sidewalls, the tires meet or exceed all other applicable 
FMVSS, they ``were designed, manufactured and tested to the standards 
and regulations as applicable, and they meet all of the internal and 
regulatory performance test requirements.''
    GDTNA also stated that it has corrected the problem with the 
affected tire mold and that all subsequent production will have the 
correct material information shown on the sidewall.
    GDTNA additionally stated that no customer complaints have been 
received.

NHTSA Decision

    By way of background, the Transportation Recall, Enhancement, 
Accountability, and Documentation (TREAD) Act (Pub. L. 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 Sections 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 GDTNA's statement that the 
incorrect 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 because 
most consumers do not base tire purchases or vehicle operation 
parameters on the number of plies in the tire. In addition, the tires 
are certified to meet all the performance requirements of FMVSS No. 
119.
---------------------------------------------------------------------------

    \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.
---------------------------------------------------------------------------

    In consideration of the foregoing, NHTSA has decided that GDTNA has 
met its burden of persuasion that the subject FMVSS No. 119 labeling 
noncompliance is inconsequential to motor vehicle safety. Accordingly, 
GDTNA's petition is granted and the

[[Page 44800]]

petitioner is exempted from the obligation of providing notification 
of, and a remedy for, the subject noncompliance under 49 U.S.C. 30118 
---------------------------------------------------------------------------
and 30120.

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

    Issued on: July 25, 2008.
Daniel C. Smith,
Associate Administrator for Enforcement.
[FR Doc. E8-17527 Filed 7-30-08; 8:45 am]
BILLING CODE 4910-59-P