Continental Tire North America, Inc., Grant of Petition for Decision of Inconsequential Noncompliance, 11174-11175 [E9-5638]
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Federal Register / Vol. 74, No. 49 / Monday, March 16, 2009 / Notices
Visalia/Hanford/Tulare area will also be
evaluated in this Project EIR/EIS.
Probable Effects: The purpose of the
EIR/EIS process is to explore in a public
setting the effects of the proposed
project on the physical, human, and
natural environment. The FRA and the
Authority will continue the tiered
evaluation of all significant
environmental, social, and economic
impacts of the construction and
operation of the HST system. Impact
areas to be addressed include
transportation impacts; safety and
security; land use and zoning; land
acquisition, displacements, and
relocations; agricultural land impacts;
cumulative and secondary impacts;
cultural resource impacts, including
impacts on historical and archaeological
resources and parklands/recreation
areas; neighborhood compatibility and
environmental justice; and natural
resource impacts including air quality,
wetlands, water resources, noise,
vibration, energy, wildlife and
ecosystems, including endangered
species. Measures to avoid, minimize,
and mitigate adverse impacts will be
identified and evaluated.
The Merced to Bakersfield HST
Project EIR/EIS will be prepared in
accordance with FRA’s Procedures for
Considering Environmental Impacts (64
FR 28545 [May 26, 1999]) and will
address not only NEPA and CEQA but
will also address as necessary other
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executive orders, including the Clean
Air Act, Section 404 of the Clean Water
Act, Section 106 of the National Historic
Preservation Act of 1966, Section 4(f) of
the Department of Transportation Act,
the Endangered Species Act, and
Executive Order 12898 on
Environmental Justice.
This EIR/EIS process will also
continue the NEPA/Clean Water Act
Section 404 integration process
established through the Statewide
Program EIR/EIS process. The EIR/EIS
will evaluate project alignment
alternatives, and station and
maintenance facility locations to
support a determination of the Least
Environmentally Damaging Practicable
Alternative (‘‘LEDPA’’) by the U.S.
Army Corps of Engineers.
Scoping and Comments: FRA
encourages broad participation in the
EIS process during scoping and review
of the resulting environmental
documents. Comments are invited from
all interested agencies and the public to
ensure the full range of issues related to
the proposed action and reasonable
alternatives are addressed and all
significant issues are identified. In
particular, FRA is interested in
VerDate Nov<24>2008
15:38 Mar 13, 2009
Jkt 217001
determining whether there are areas of
environmental concern where there
might be a potential for significant sitespecific impacts. Public agencies with
jurisdiction are requested to advise FRA
and the Authority of the applicable
permit and environmental review
requirements of each agency, and the
scope and content of the environmental
information that is germane to the
agency’s statutory responsibilities in
connection with the proposed project.
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FRA if they anticipate taking a major
action in connection with the proposed
project and if they wish to cooperate in
the preparation of the Project EIR/EIS.
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scoping meetings described in this
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additional public notification.
FRA is seeking participation and
input of all interested Federal, State,
and local agencies, Native American
groups, and other concerned private
organizations or individuals on the
scope of the EIR/EIS. Implementation of
the Merced to Bakersfield section of the
HST system is a Federal undertaking
with the potential to affect historic
properties. As such, it is subject to the
requirements of section 106 of the
National Historic Preservation Act of
1966 (16 U.S.C. 470f). In accordance
with regulations issued by the Advisory
Council on Historic Preservation, 36
CFR part 800, FRA intends to coordinate
compliance with section 106 of this Act
with the preparation of the EIR/EIS,
beginning with the identification of
consulting parties through the scoping
process, in a manner consistent with the
standards set out in 36 CFR 800.8.
Issued in Washington, DC, on March 9,
2009.
Ray LaHood,
Secretary, U.S. Department of Transportation.
[FR Doc. E9–5579 Filed 3–13–09; 8:45 am]
BILLING CODE 4910–06–P
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety
Administration
[Docket No. NHTSA–2008–0118; Notice 2]
Continental Tire North America, Inc.,
Grant of Petition for Decision of
Inconsequential Noncompliance
Continental Tire North America, Inc.
(Continental), has determined that
certain passenger car tires manufactured
during December of 2007 and January of
PO 00000
Frm 00097
Fmt 4703
Sfmt 4703
2008 did not fully comply with
paragraph S5.5(e) of Federal Motor
Vehicle Safety Standard (FMVSS) No.
139 New Pneumatic Radial Tires for
Light Vehicles. Continental 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) and the rule implementing
those provisions at 49 CFR part 556,
Continental 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 30day public comment period, on June 26,
2008 in the Federal Register (73 FR
36371). 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–2008–0118.’’
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.
Affected are approximately 1,925 size
255/60R17 106 H Continental
CrossContact LX ETRTO passenger car
tires manufactured in Continental’s
Mount Vernon, Illinois plant during
December of 2007 and January of 2008.
Paragraph S5.5(e) of FMVSS No. 139
requires 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; * * *.
Continental explains that the
noncompliance is that the sidewall
marking incorrectly identifies the
E:\FR\FM\16MRN1.SGM
16MRN1
Federal Register / Vol. 74, No. 49 / Monday, March 16, 2009 / Notices
generic material of the plies in the body
of the tire as rayon when they are in fact
polyester. Specifically, the tires in
question were inadvertently
manufactured with ‘‘TREAD 6 PLIES 2
RAYON + 2 STEEL + 2 NYLON
SIDEWALL 2 PLIES 2 RAYON’’ marked
on the sidewall. The labeling should
have been ‘‘TREAD 6 PLIES 2
POLYESTER + 2 STEEL + 2 NYLON
SIDEWALL 2 PLIES 2 POLYESTER.’’
Continental states that it discovered
the mold labeling error that caused the
non-compliance during a routine quality
audit.
Continental makes the argument that
this noncompliance is inconsequential
to motor vehicle safety because the
noncompliant sidewall marking does
not affect the safety, performance and
durability of the tire and that the tires
were built as designed and all other
sidewall identification markings and
safety information are correct.
Continental further states that it
performs ongoing compliance testing to
assure tire performance, and that all of
the subject tires will meet or exceed the
performance requirements of FMVSS
No. 139. Continental also states its belief
that there will be no operational impact
on the performance or safety of vehicles
on which these tires are mounted.
Continental also points out that
NHTSA has previously granted petitions
for sidewall marking noncompliances
that it believes are similar to the instant
noncompliance.
Continental also stated that it has
corrected the problem that caused these
errors so that they will not be repeated
in future production.
In summation, Continental states that
it believes that because the noncompliances are inconsequential to motor
vehicle safety that no corrective action
is warranted.
NHTSA Decision
The agency agrees with Continental
that the noncompliance is
inconsequential to motor vehicle safety.
The agency believes that the true
measure of inconsequentiality to motor
vehicle safety in this case is that there
is no effect of the noncompliance on the
operational safety of vehicles on which
these tires are mounted. The safety of
people working in the tire retread,
repair, and recycling industries must
also be considered. Although tire
VerDate Nov<24>2008
15:38 Mar 13, 2009
Jkt 217001
construction affects the strength and
durability, neither the agency nor the
tire industry provides information
relating tire strength and durability to
the number of plies and types of ply
cord material in the tread and sidewall.
Therefore, tire dealers and customers
should consider the tire construction
information along with other
information such as the load capacity,
maximum inflation pressure, and tread
wear, temperature, and traction ratings,
to assess performance capabilities of
various tires. 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 ply material in a tire.
The agency also believes the
noncompliance will have no measurable
effect on the safety of the tire retread,
repair, and recycling industries. The use
of steel cord construction in the
sidewall and tread is the primary safety
concern of these industries. In this case,
since the tire sidewalls are marked
correctly for the number of steel plies,
this potential safety concern does not
exist.
In consideration of the foregoing,
NHTSA has decided that Continental
has met its burden of persuasion that
the subject FMVSS No. 139 labeling
noncompliance is inconsequential to
motor vehicle safety. Accordingly,
Continental’s petition is granted and the
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: March 10, 2009.
Daniel C. Smith,
Associate Administrator for Enforcement.
[FR Doc. E9–5638 Filed 3–13–09; 8:45 am]
BILLING CODE 4910–59–P
PO 00000
11175
DEPARTMENT OF TRANSPORTATION
Pipeline and Hazardous Materials
Safety Administration
Office of Hazardous Materials Safety:
Notice of Application for Special
Permits
AGENCY: Pipeline and Hazardous
Materials Safety Administration
(PHMSA), DOT.
ACTION: List of Applications for Special
Permits.
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 April 15, 2009.
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,
East Building, PHH–30, 1200 New
Jersey Avenue, Southeast, Washington
DC or at https://dms.dot.gov.
This notice of receipt of applications
for special permit 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 March 06,
2009.
Delmer F. Billings,
Director, Office of Materials Hazardous,
Special Permits and Approvals.
Frm 00098
Fmt 4703
Sfmt 4703
E:\FR\FM\16MRN1.SGM
16MRN1
]]>Agencies
[Federal Register Volume 74, Number 49 (Monday, March 16, 2009)]
[Notices]
[Pages 11174-11175]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-5638]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
[Docket No. NHTSA-2008-0118; Notice 2]
Continental Tire North America, Inc., Grant of Petition for
Decision of Inconsequential Noncompliance
Continental Tire North America, Inc. (Continental), has determined
that certain passenger car tires manufactured during December of 2007
and January of 2008 did not fully comply with paragraph S5.5(e) of
Federal Motor Vehicle Safety Standard (FMVSS) No. 139 New Pneumatic
Radial Tires for Light Vehicles. Continental 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) and the rule
implementing those provisions at 49 CFR part 556, Continental 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 June 26, 2008 in the Federal Register (73 FR 36371). 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-2008-0118.''
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.
Affected are approximately 1,925 size 255/60R17 106 H Continental
CrossContact LX ETRTO passenger car tires manufactured in Continental's
Mount Vernon, Illinois plant during December of 2007 and January of
2008.
Paragraph S5.5(e) of FMVSS No. 139 requires 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; * * *.
Continental explains that the noncompliance is that the sidewall
marking incorrectly identifies the
[[Page 11175]]
generic material of the plies in the body of the tire as rayon when
they are in fact polyester. Specifically, the tires in question were
inadvertently manufactured with ``TREAD 6 PLIES 2 RAYON + 2 STEEL + 2
NYLON SIDEWALL 2 PLIES 2 RAYON'' marked on the sidewall. The labeling
should have been ``TREAD 6 PLIES 2 POLYESTER + 2 STEEL + 2 NYLON
SIDEWALL 2 PLIES 2 POLYESTER.''
Continental states that it discovered the mold labeling error that
caused the non-compliance during a routine quality audit.
Continental makes the argument that this noncompliance is
inconsequential to motor vehicle safety because the noncompliant
sidewall marking does not affect the safety, performance and durability
of the tire and that the tires were built as designed and all other
sidewall identification markings and safety information are correct.
Continental further states that it performs ongoing compliance
testing to assure tire performance, and that all of the subject tires
will meet or exceed the performance requirements of FMVSS No. 139.
Continental also states its belief that there will be no operational
impact on the performance or safety of vehicles on which these tires
are mounted.
Continental also points out that NHTSA has previously granted
petitions for sidewall marking noncompliances that it believes are
similar to the instant noncompliance.
Continental also stated that it has corrected the problem that
caused these errors so that they will not be repeated in future
production.
In summation, Continental states that it believes that because the
noncompli- ances are inconsequential to motor vehicle safety that no
corrective action is warranted.
NHTSA Decision
The agency agrees with Continental that the noncompliance is
inconsequential to motor vehicle safety. The agency believes that the
true measure of inconsequentiality to motor vehicle safety in this case
is that there is no effect of the noncompliance on the operational
safety of vehicles on which these tires are mounted. The safety of
people working in the tire retread, repair, and recycling industries
must also be considered. Although tire construction affects the
strength and durability, neither the agency nor the tire industry
provides information relating tire strength and durability to the
number of plies and types of ply cord material in the tread and
sidewall. Therefore, tire dealers and customers should consider the
tire construction information along with other information such as the
load capacity, maximum inflation pressure, and tread wear, temperature,
and traction ratings, to assess performance capabilities of various
tires. 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 ply material in a tire.
The agency also believes the noncompliance will have no measurable
effect on the safety of the tire retread, repair, and recycling
industries. The use of steel cord construction in the sidewall and
tread is the primary safety concern of these industries. In this case,
since the tire sidewalls are marked correctly for the number of steel
plies, this potential safety concern does not exist.
In consideration of the foregoing, NHTSA has decided that
Continental has met its burden of persuasion that the subject FMVSS No.
139 labeling noncompliance is inconsequential to motor vehicle safety.
Accordingly, Continental's petition is granted and the 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: March 10, 2009.
Daniel C. Smith,
Associate Administrator for Enforcement.
[FR Doc. E9-5638 Filed 3-13-09; 8:45 am]
BILLING CODE 4910-59-P
