Michelin North America, Inc., Receipt of Petition for Decision of Inconsequential Noncompliance, 7738-7739 [E9-3486]

Download as PDF sroberts on PROD1PC70 with NOTICES 7738 Federal Register / Vol. 74, No. 32 / Thursday, February 19, 2009 / Notices safety. This study identifies the top 15 locations with high pedestrian-related hit-and-run fatalities. Then with a subset of these locations, an in-depth analysis will be conducted which will include a telephone survey of 900 drivers involved in a pedestrian collision where there are no current pending legal proceedings. Principal subgroups for analysis will be drivers who remained at the scene of the crash and those who fled, but were later identified. Participation by respondents would be voluntary. The sample would be drawn from court records in ten jurisdictions; the ten jurisdictions to be selected based upon an analysis of national crash data. NHTSA’s information needs require a sampling approach that will identify drivers in hit-and-run crashes in the United States to allow a preliminary description of the differences between drivers who run and those who do not. The questionnaire focuses on the circumstances leading up to the crash, the condition of the driver before and after the crash, the extent of any pedestrian injuries that resulted from the crash, and the response to the crash of the driver, the driver’s passengers or bystanders. Standard demographics are asked at the beginning of the interview. In conducting the proposed survey, the interviewers would use computer assisted telephone interviewing to reduce interview length and minimize recording errors. The proposed survey would be anonymous and confidential. Description of the Likely Respondents (Including Estimated Number, and Proposed Frequency of Response to the Collection of Information): Under this proposed effort, the Contractor would conduct 900 telephone interviews averaging approximately 30 minutes each. We expect to need to contact 9000 drivers to obtain this number of responses. The respondent sample would be selected from among drivers identified from police and court records as having been convicted of an offense resulting from a pedestrian-involved crash in jurisdictions having high numbers of such crashes. Using publicly available data sources drivers would be matched with telephone numbers. Each member of the sample would complete one interview. Estimate of the Total Annual Reporting and Recordkeeping Burden Resulting From the Collection of Information: NHTSA estimates a 10% response rate, due to the sensitivity of the survey subject matter. In order to achieve a sample size of 900, a total of 9,000 individuals must be contacted and screened. The 8,100 individuals who are contacted, but who refuse or are VerDate Nov<24>2008 17:38 Feb 18, 2009 Jkt 217001 otherwise ineligible for the survey, would require an average of 3 minutes to complete the screener questionnaire for a total of 405 hours. Each respondent in the final survey sample of 900 drivers would require an average of 30 minutes to complete the telephone interview or a total of 450 hours. Thus, the number of estimated reporting burden hours a year on the general public would be 855 for the proposed survey (405 for the incomplete surveys, and 450 for the full survey administration). The respondents would not incur any reporting cost from the information collection. The respondents also would not incur any recordkeeping burden or recordkeeping cost from the information collection. Authority: 44 U.S.C. 3506(c)(2)(A). James F. Simons, Director, Office of Regulatory Analysis and Evaluation. [FR Doc. E9–3470 Filed 2–18–09; 8:45 am] BILLING CODE 4910–59–P DEPARTMENT OF TRANSPORTATION National Highway Traffic Safety Administration [Docket No. NHTSA–2009–0005; Notice 1] Michelin North America, Inc., Receipt of Petition for Decision of Inconsequential Noncompliance Michelin North America, Inc. (Michelin), has determined that certain passenger car tires manufactured between September 18, 2008 and October 10, 2008 did not fully comply with paragraphs S5.5(e) and S5.5(f) of Federal Motor Vehicle Safety Standards (FMVSS) No. 139 New Pneumatic Radial Tires for Light Vehicles. Michelin has filed an appropriate report pursuant to 49 CFR Part 573, Defect and Noncompliance Responsibility and Reports. Pursuant to 49 U.S.C. 30118(d) and 30120(h) (see implementing rule at 49 CFR part 556), Michelin 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 Michelin’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 approximately 2,240 size P195/60R15 (87T) Michelin Harmony brand passenger car tires manufactured between September 18, 2008 and October 10, 2008 at Michelin’s plant PO 00000 Frm 00081 Fmt 4703 Sfmt 4703 located in Pictou, Canada. Approximately 1,590 of these tires have been delivered to Michelin’s customers. The remaining tires (approximately 650) are being held in Michelin’s possession until they can be correctly relabeled. NHTSA notes that the statutory provisions (49 U.S.C. 30118(d) and 30120(h)) that permit manufacturers to file petitions for a determination of inconsequentiality allow NHTSA to exempt manufacturers only from the duties found in sections 30118 and 30120, respectively, to notify owners, purchasers, and dealers of a defect or noncompliance and to remedy the defect or noncompliance. Therefore, these provisions only apply to the tires that have already passed from the manufacturer to an owner, purchaser, or dealer. Paragraphs S5.5(e) and S5.5(f) of FMVSS No. 139 require in pertinent part: S5.5 Tire markings. Except as specified in paragraphs (a) through (i) of S5.5, each tire must be marked on each sidewall with the information specified in S5.5(a) through (d) and on one sidewall with the information specified in S5.5(e) through (i) according to the phase-in schedule specified in S7 of this standard. The markings must be placed between the maximum section width and the bead on at least one sidewall, unless the maximum section width of the tire is located in an area that is not more than one-fourth of the distance from the bead to the shoulder of the tire. If the maximum section width falls within that area, those markings must appear between the bead and a point one-half the distance from the bead to the shoulder of the tire, on at least one sidewall. The markings must be in letters and numerals not less than 0.078 inches high and raised above or sunk below the tire surface not less than 0.015 inches * * * (e) The generic name of each cord material used in the plies (both sidewall and tread area) of the tire; (f) The actual number of plies in the sidewall, and the actual number of plies in the tread area, if different * * * Michelin explains that the noncompliance is that, due to a mold labeling error, the sidewall marking on the reference side of the tires incorrectly describes the number of plies in the tread area of the tires. Specifically, the tires in question were inadvertently manufactured with ‘‘Tread Plies: 2 Polyester + 2 polyamide + 2 steel; Sidewall plies: 2 polyester’’ marked on the intended outboard sidewall. The labeling should have been ‘‘Tread Plies: 2 Polyester + 1 polyamide + 2 steel; Sidewall plies: 2 polyester.’’ Michelin also explains that the marking on the other sidewall of the tires correctly describes the plies in the tread area of the tires. E:\FR\FM\19FEN1.SGM 19FEN1 sroberts on PROD1PC70 with NOTICES Federal Register / Vol. 74, No. 32 / Thursday, February 19, 2009 / Notices Michelin states that it discovered the mold labeling error that caused the noncompliance during a routine quality audit. Michelin argues that this noncompliance is inconsequential to motor vehicle safety because the noncompliant sidewall marking does not affect the strength of the tires and all other labeling requirements have been met. Michelin points out that NHTSA has previously granted petitions for sidewall marking noncompliances that Michelin believes are similar to the instant noncompliance. Michelin also stated that it has corrected the problem that caused these errors so that they will not be repeated in future production. In summation, Michelin states that it believes that because the noncompliances are inconsequential to motor vehicle safety that no corrective action is warranted. 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: a. By mail addressed to: U.S. Department of Transportation, Docket Operations, M–30, West Building Ground Floor, Room W12–140, 1200 New Jersey Avenue, SE., Washington, DC 20590. b. By hand delivery to U.S. Department of Transportation, Docket Operations, M–30, West Building Ground Floor, Room W12–140, 1200 New Jersey Avenue, SE., Washington, DC 20590. The Docket Section is open on weekdays from 10 a.m. to 5 p.m. except Federal holidays. c. Electronically: by logging onto the Federal Docket Management System (FDMS) Web site at http:// www.regulations.gov/. Follow the online instructions for submitting comments. Comments may also be faxed to 1–202– 493–2251. Comments must be written in the English language, and be no greater than 15 pages in length, although there is no limit to the length of necessary attachments to the comments. If comments are submitted in hard copy form, please ensure that two copies are provided. If you wish to receive confirmation that your comments were received, please enclose a stamped, selfaddressed postcard with the comments. Note that all comments received will be posted without change to http:// www.regulations.gov, including any personal information provided. VerDate Nov<24>2008 17:38 Feb 18, 2009 Jkt 217001 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.). DOT’s complete Privacy Act Statement in the Federal Register published on April 11, 2000 (65 FR 19477–78). You may view documents submitted to a docket at the address and times given above. You may also view the documents on the Internet at http:// www.regulations.gov by following the online instructions for accessing the dockets available at that Web site. 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 23, 2009. Authority: 49 U.S.C. 30118, 30120: delegations of authority at CFR 1.50 and 501.8. Issued on: February 12, 2009. Claude H. Harris, Director, Office of Vehicle Safety Compliance. [FR Doc. E9–3486 Filed 2–18–09; 8:45 am] BILLING CODE 4910–59–P DEPARTMENT OF TRANSPORTATION Pipeline and Hazardous Materials Safety Administration [Docket ID PHMSA–2009–0026] Pipeline Safety: Workshop on Internal Corrosion in Hazardous Liquid Pipelines AGENCY: Pipeline and Hazardous Materials Safety Administration (PHMSA), DOT. ACTION: Notice of Workshop. SUMMARY: The Pipeline, Inspection, Protection, Enforcement, and Safety Act of 2006 (PIPES), Public Law 109–468, Section 22, requires PHMSA to review the internal corrosion control regulations to determine if the regulations are currently adequate to ensure that the pipeline facilities subject to the regulations will not present a hazard to public safety or the environment. As a follow-up to this review and our report to Congress, PO 00000 Frm 00082 Fmt 4703 Sfmt 4703 7739 PHMSA is sponsoring a Workshop on Internal Corrosion in Hazardous Liquid Pipelines to allow stakeholders of the pipeline safety community to learn about and discuss PHMSA regulations, industry standards and practices, current evaluation practices and methods to assure pipeline safety. DATES: The workshop will be held on March 26, 2009. Name badge pick-up and on-site registration will be available starting at 7:30 a.m. with the agenda taking place from 8 a.m. until approximately 5 p.m. Refer to the meeting Web site for updated agenda and times: https:// primis.phmsa.dot.gov/meetings/ Mtg57.mtg. Please note that the workshop will not be webcast. However, presentations will be available on the meeting Web site within 30 days following the workshop. ADDRESSES: The workshop will be held at the OMNI Hotel at CNN Center, 100 CNN Center, Atlanta, GA 30303. The meeting room will be posted at the hotel on the day of the workshop. FOR FURTHER INFORMATION CONTACT: Joshua Johnson at (816) 329–3825, or by e-mail at joshua.johnson@dot.gov. SUPPLEMENTARY INFORMATION: Registration: Members of the public may attend this free workshop. To help assure that adequate space is provided, all attendees are encouraged to register for the workshop at http:// primis.phmsa.dot.gov/meetings/ Mtg57.mtg. Comments: Members of the public may also submit written comments, either before or after the workshop. Comments should reference Docket ID PHMSA–09–0026. Comments may be submitted in the following ways: • E-Gov Web Site: http:// www.regulations.gov. This site allows the public to enter comments on any Federal Register notice issued by any agency. Follow the instructions for submitting comments. • Fax: 1–202–493–2251. • Mail: Docket Management System, U.S. Department of Transportation, 1200 New Jersey Avenue, SE., Room W12– 140, Washington, DC 20590. • Hand Delivery: Docket Management System, Room W12–140, on the ground floor of the West Building, 1200 New Jersey Avenue, SE., Washington, DC between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. Instructions: Identify the Docket ID at the beginning of your comments. If you submit your comments by mail, submit two copies. If you wish to receive confirmation that PHMSA has received your comments, include a selfaddressed stamped postcard. Internet E:\FR\FM\19FEN1.SGM 19FEN1

Agencies

[Federal Register Volume 74, Number 32 (Thursday, February 19, 2009)]
[Notices]
[Pages 7738-7739]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-3486]


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

DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2009-0005; Notice 1]


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

    Michelin North America, Inc. (Michelin), has determined that 
certain passenger car tires manufactured between September 18, 2008 and 
October 10, 2008 did not fully comply with paragraphs S5.5(e) and 
S5.5(f) of Federal Motor Vehicle Safety Standards (FMVSS) No. 139 New 
Pneumatic Radial Tires for Light Vehicles. Michelin has filed an 
appropriate report pursuant to 49 CFR Part 573, Defect and 
Noncompliance Responsibility and Reports.
    Pursuant to 49 U.S.C. 30118(d) and 30120(h) (see implementing rule 
at 49 CFR part 556), Michelin 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 Michelin'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 approximately 2,240 size P195/60R15 (87T) Michelin 
Harmony brand passenger car tires manufactured between September 18, 
2008 and October 10, 2008 at Michelin's plant located in Pictou, 
Canada. Approximately 1,590 of these tires have been delivered to 
Michelin's customers. The remaining tires (approximately 650) are being 
held in Michelin's possession until they can be correctly relabeled.
    NHTSA notes that the statutory provisions (49 U.S.C. 30118(d) and 
30120(h)) that permit manufacturers to file petitions for a 
determination of inconsequentiality allow NHTSA to exempt manufacturers 
only from the duties found in sections 30118 and 30120, respectively, 
to notify owners, purchasers, and dealers of a defect or noncompliance 
and to remedy the defect or noncompliance. Therefore, these provisions 
only apply to the tires that have already passed from the manufacturer 
to an owner, purchaser, or dealer.
    Paragraphs S5.5(e) and S5.5(f) of FMVSS No. 139 require in 
pertinent part:

    S5.5 Tire markings. Except as specified in paragraphs (a) 
through (i) of S5.5, each tire must be marked on each sidewall with 
the information specified in S5.5(a) through (d) and on one sidewall 
with the information specified in S5.5(e) through (i) according to 
the phase-in schedule specified in S7 of this standard. The markings 
must be placed between the maximum section width and the bead on at 
least one sidewall, unless the maximum section width of the tire is 
located in an area that is not more than one-fourth of the distance 
from the bead to the shoulder of the tire. If the maximum section 
width falls within that area, those markings must appear between the 
bead and a point one-half the distance from the bead to the shoulder 
of the tire, on at least one sidewall. The markings must be in 
letters and numerals not less than 0.078 inches high and raised 
above or sunk below the tire surface not less than 0.015 inches * * 
*
    (e) The generic name of each cord material used in the plies 
(both sidewall and tread area) of the tire;
    (f) The actual number of plies in the sidewall, and the actual 
number of plies in the tread area, if different * * *

    Michelin explains that the noncompliance is that, due to a mold 
labeling error, the sidewall marking on the reference side of the tires 
incorrectly describes the number of plies in the tread area of the 
tires. Specifically, the tires in question were inadvertently 
manufactured with ``Tread Plies: 2 Polyester + 2 polyamide + 2 steel; 
Sidewall plies: 2 polyester'' marked on the intended outboard sidewall. 
The labeling should have been ``Tread Plies: 2 Polyester + 1 polyamide 
+ 2 steel; Sidewall plies: 2 polyester.'' Michelin also explains that 
the marking on the other sidewall of the tires correctly describes the 
plies in the tread area of the tires.

[[Page 7739]]

    Michelin states that it discovered the mold labeling error that 
caused the non-compliance during a routine quality audit.
    Michelin argues that this noncompliance is inconsequential to motor 
vehicle safety because the noncompliant sidewall marking does not 
affect the strength of the tires and all other labeling requirements 
have been met.
    Michelin points out that NHTSA has previously granted petitions for 
sidewall marking noncompliances that Michelin believes are similar to 
the instant noncompliance.
    Michelin also stated that it has corrected the problem that caused 
these errors so that they will not be repeated in future production.
    In summation, Michelin states that it believes that because the 
noncompliances are inconsequential to motor vehicle safety that no 
corrective action is warranted.
    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:
    a. By mail addressed to: U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue, SE., Washington, DC 20590.
    b. By hand delivery to U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue, SE., Washington, DC 20590. The Docket Section is open on 
weekdays from 10 a.m. to 5 p.m. except Federal holidays.
    c. Electronically: by logging onto the Federal Docket Management 
System (FDMS) Web site at http://www.regulations.gov/. Follow the 
online instructions for submitting comments. Comments may also be faxed 
to 1-202-493-2251.
    Comments must be written in the English language, and be no greater 
than 15 pages in length, although there is no limit to the length of 
necessary attachments to the comments. If comments are submitted in 
hard copy form, please ensure that two copies are provided. If you wish 
to receive confirmation that your comments were received, please 
enclose a stamped, self-addressed postcard with the comments. Note that 
all comments received will be posted without change to http://
www.regulations.gov, including any personal information provided.
    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.). DOT's complete Privacy 
Act Statement in the Federal Register published on April 11, 2000 (65 
FR 19477-78).
    You may view documents submitted to a docket at the address and 
times given above. You may also view the documents on the Internet at 
http://www.regulations.gov by following the online instructions for 
accessing the dockets available at that Web site.
    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 23, 2009.

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

    Issued on: February 12, 2009.
Claude H. Harris,
Director, Office of Vehicle Safety Compliance.
[FR Doc. E9-3486 Filed 2-18-09; 8:45 am]
BILLING CODE 4910-59-P