Motorcyclist Advisory Council to the Federal Highway Administration, 17829-17830 [2010-7777]

Download as PDF Federal Register / Vol. 75, No. 66 / Wednesday, April 7, 2010 / Notices 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. WReier-Aviles on DSKGBLS3C1PROD with NOTICES NHTSA Decision The agency agrees with Michelin that the noncompliances are 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 noncompliances 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 Michelin has met its burden of persuasion that the subject FMVSS No. 139 labeling noncompliances are inconsequential to motor vehicle safety. Accordingly, Michelin’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. VerDate Nov<24>2008 15:18 Apr 06, 2010 Jkt 220001 Issued on: April 1, 2010. Claude H. Harris, Director, Office of Vehicle Safety Compliance. [FR Doc. 2010–7875 Filed 4–6–10; 8:45 am] BILLING CODE 4910–59–P DEPARTMENT OF TRANSPORTATION Federal Highway Administration [FHWA Docket No. FHWA–2005–23112] Motorcyclist Advisory Council to the Federal Highway Administration AGENCY: Federal Highway Administration (FHWA), DOT. ACTION: Notice of meeting of advisory committee. SUMMARY: This document announces the eighth meeting of the Motorcyclist Advisory Council to the Federal Highway Administration (MAC– FHWA). The purpose of this meeting is to advise the Secretary of Transportation, through the Administrator of the FHWA, on infrastructure issues of concern to motorcyclists, including: (1) Barrier design; (2) road design, construction, and maintenance practices; and (3) the architecture and implementation of intelligent transportation system technologies, pursuant to section 1914 of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA–LU). DATES: The eighth meeting of the MAC– FHWA is scheduled for May 13 from 9 a.m. until 5 p.m. This meeting will be the final meeting of the MAC–FHWA under the SAFETEA–LU Authorization. ADDRESSES: The eighth MAC–FHWA meeting will be held at the Crystal City Marriott, 1999 Jefferson Davis Highway, Arlington, VA 22202. FOR FURTHER INFORMATION CONTACT: Mr. Michael Griffith, the Designated Federal Official, Office of Safety, (202) 366– 2288, mike.griffith@dot.gov, or Mr. Keith D. Williams, Office of Safety, (202) 366–9212, keith.williams@dot.gov, FHWA, 1200 New Jersey Avenue, SE., Washington, DC 20590. SUPPLEMENTARY INFORMATION Background On August 10, 2005, the President signed into law the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA–LU) (Pub. L. 109–59, 119 Stat. 1144). Section 1914 of SAFETEA–LU mandates the establishment of the Motorcyclist Advisory Council as follows: ‘‘The Secretary, acting through the Administrator of the Federal Highway PO 00000 Frm 00149 Fmt 4703 Sfmt 4703 17829 Administration, in consultation with the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate, shall appoint a Motorcyclist Advisory Council to coordinate with and advise the Administrator on infrastructure issues of concern to motorcyclists, including— (1) Barrier design; (2) Road design, construction, and maintenance practices; and (3) The architecture and implementation of intelligent transportation system technologies.’’ In addition, section 1914 specifies the membership of the council: ‘‘The Council shall consist of not more than 10 members of the motorcycling community with professional expertise in national motorcyclist safety advocacy, including— (1) At least— (A) One member recommended by a national motorcyclist association; (B) One member recommended by a national motorcycle rider’s foundation; (C) One representative of the National Association of State Motorcycle Safety Administrators; (D) Two members of State motorcyclists’ organizations; (E) One member recommended by a national organization that represents the builders of highway infrastructure; (F) One member recommended by a national association that represents the traffic safety systems industry; and (G) One member of a national safety organization; and (2) At least one, and not more than two, motorcyclists who are traffic system design engineers or State transportation department officials.’’ To carry out this requirement, the FHWA published a notice of intent to form an advisory committee in the Federal Register on December 23, 2005 (70 FR 76353). This notice, consistent with the requirements of the Federal Advisory Committee Act, announced the establishment of the Council and invited comments and nominations for membership. The MAC–FHWA was officially chartered for a 2-year period on July 31, 2006, and was extended by act of the Secretary for an additional 2year term. That extension expires on July 31, 2010. The FHWA announced the ten members selected to the Council in the Federal Register on October 5, 2006 (71 FR 58903). An electronic copy of this document and the previous Federal Register notices associated with the MAC–FHWA can be downloaded through the Federal eRulemaking Portal at: https://www.regulations.gov and the Office of the Federal Register’s home E:\FR\FM\07APN1.SGM 07APN1 17830 Federal Register / Vol. 75, No. 66 / Wednesday, April 7, 2010 / Notices page at: https://www.archives.gov/ federal_register. The FHWA anticipates that the MAC– FHWA will meet at least once a year, with meetings held in the Washington, DC, metropolitan area and the FHWA will publish notices in the Federal Register to announce the times, dates, and locations of these meetings. Meetings of the Council are open to the public and time will be provided in each meeting’s schedule for comments by members of the public. Attendance will necessarily be limited by the size of the meeting room. Members of the public may present oral or written comments at the meeting or may present written materials by providing copies to Ms. Fran Bents, Westat, 1650 Research Boulevard, Rockville, MD 20850–3195, (240) 314–7557, ten (10) days prior to the meeting. The agenda topics for the meetings will include a discussion of the following issues: (1) Barrier design; (2) road design, construction, and maintenance practices; and (3) the architecture and implementation of intelligent transportation system technologies. Conclusion The eighth meeting of the Motorcyclist Advisory Council to the Federal Highway Administration will be held on May 13, 2010, at the Crystal City Marriott, 1999 Jefferson Davis Highway, Arlington, VA 22202 from 9 a.m. until 5 p.m. (Authority: Section 1914 of Pub. L. 109–59; Public L. 92–463, 5 U.S.C., App. II § 1) Issued on: March 29, 2010. Victor M. Mendez, Administrator. [FR Doc. 2010–7777 Filed 4–6–10; 8:45 am] BILLING CODE 4910–22–P DEPARTMENT OF TRANSPORTATION National Highway Traffic Safety Administration [Docket No. NHTSA–2010–0024; Notice 1] WReier-Aviles on DSKGBLS3C1PROD with NOTICES Continental Tire North America, Inc., Receipt of Petition for Decision of Inconsequential Noncompliance Continental Tire North America, Inc.,(Continental), has determined that certain passenger car tires manufactured between March of 2007 and June of 2009 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. Continental has filed an appropriate VerDate Nov<24>2008 15:18 Apr 06, 2010 Jkt 220001 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), 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. This notice of receipt of Continental’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 28,169 size 235/55R18 100V SL Continental brand CrossContact UHP model passenger car tires manufactured between March of 2007 and June of 2009 at Continental’s plant located in Otrokovice, Czech Republic. A total of 8,858 of these tires have been delivered to Continental’s customers. The remaining tires (approximately 19,311) are being held in Continental’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 * * * PO 00000 Frm 00150 Fmt 4703 Sfmt 4703 (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 * * * Continental explains that the noncompliance is that, due to a mold stamping anomaly, the sidewall marking on the tires incorrectly describes the actual generic name and number of the body plies. Specifically, the tires in question were inadvertently manufactured with ‘‘TREAD 6 PLIES: 2 POLYESTER + 2 STEEL + 2 NYLON; SIDEWALL 2 PLY POLYESTER.’’ The labeling should have been ‘‘TREAD 5 PLIES: 1 RAYON + 2 STEEL + 2 NYLON; SIDEWALL 1 PLY RAYON.’’ Continental states that all other sidewall identification markings and safety information are correct. Continental states that it discovered the mold stamping problem that caused the non-compliance during a specification change. Continental argues that this noncompliant sidewall marking is inconsequential to motor vehicle safety as it ‘‘does not affect the safety, performance and durability of the tire; the tires were built as designed.’’ In addition, Continental states that the tires comply with all other NHTSA requirements. Continental said that it performs ongoing compliance testing ‘‘to assure tire performance’’ and that ‘‘all tires included in this petition will meet or exceed the performance requirements of FMVSS 139.’’ Continental further states that ‘‘there will be no operational impact on the performance or safety of vehicles on which these tires are mounted.’’ Continental points out that NHTSA has previously granted similar petitions for non-compliances in sidewall marking. 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. 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 E:\FR\FM\07APN1.SGM 07APN1

Agencies

[Federal Register Volume 75, Number 66 (Wednesday, April 7, 2010)]
[Notices]
[Pages 17829-17830]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-7777]


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DEPARTMENT OF TRANSPORTATION

Federal Highway Administration

[FHWA Docket No. FHWA-2005-23112]


Motorcyclist Advisory Council to the Federal Highway 
Administration

AGENCY: Federal Highway Administration (FHWA), DOT.

ACTION: Notice of meeting of advisory committee.

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

SUMMARY: This document announces the eighth meeting of the Motorcyclist 
Advisory Council to the Federal Highway Administration (MAC-FHWA). The 
purpose of this meeting is to advise the Secretary of Transportation, 
through the Administrator of the FHWA, on infrastructure issues of 
concern to motorcyclists, including: (1) Barrier design; (2) road 
design, construction, and maintenance practices; and (3) the 
architecture and implementation of intelligent transportation system 
technologies, pursuant to section 1914 of the Safe, Accountable, 
Flexible, Efficient Transportation Equity Act: A Legacy for Users 
(SAFETEA-LU).

DATES: The eighth meeting of the MAC-FHWA is scheduled for May 13 from 
9 a.m. until 5 p.m. This meeting will be the final meeting of the MAC-
FHWA under the SAFETEA-LU Authorization.

ADDRESSES: The eighth MAC-FHWA meeting will be held at the Crystal City 
Marriott, 1999 Jefferson Davis Highway, Arlington, VA 22202.

FOR FURTHER INFORMATION CONTACT: Mr. Michael Griffith, the Designated 
Federal Official, Office of Safety, (202) 366-2288, 
mike.griffith@dot.gov, or Mr. Keith D. Williams, Office of Safety, 
(202) 366-9212, keith.williams@dot.gov, FHWA, 1200 New Jersey Avenue, 
SE., Washington, DC 20590.

SUPPLEMENTARY INFORMATION

Background

    On August 10, 2005, the President signed into law the Safe, 
Accountable, Flexible, Efficient Transportation Equity Act: A Legacy 
for Users (SAFETEA-LU) (Pub. L. 109-59, 119 Stat. 1144). Section 1914 
of SAFETEA-LU mandates the establishment of the Motorcyclist Advisory 
Council as follows: ``The Secretary, acting through the Administrator 
of the Federal Highway Administration, in consultation with the 
Committee on Transportation and Infrastructure of the House of 
Representatives and the Committee on Environment and Public Works of 
the Senate, shall appoint a Motorcyclist Advisory Council to coordinate 
with and advise the Administrator on infrastructure issues of concern 
to motorcyclists, including--
    (1) Barrier design;
    (2) Road design, construction, and maintenance practices; and
    (3) The architecture and implementation of intelligent 
transportation system technologies.''
    In addition, section 1914 specifies the membership of the council: 
``The Council shall consist of not more than 10 members of the 
motorcycling community with professional expertise in national 
motorcyclist safety advocacy, including--
    (1) At least--
    (A) One member recommended by a national motorcyclist association;
    (B) One member recommended by a national motorcycle rider's 
foundation;
    (C) One representative of the National Association of State 
Motorcycle Safety Administrators;
    (D) Two members of State motorcyclists' organizations;
    (E) One member recommended by a national organization that 
represents the builders of highway infrastructure;
    (F) One member recommended by a national association that 
represents the traffic safety systems industry; and
    (G) One member of a national safety organization; and
    (2) At least one, and not more than two, motorcyclists who are 
traffic system design engineers or State transportation department 
officials.''
    To carry out this requirement, the FHWA published a notice of 
intent to form an advisory committee in the Federal Register on 
December 23, 2005 (70 FR 76353). This notice, consistent with the 
requirements of the Federal Advisory Committee Act, announced the 
establishment of the Council and invited comments and nominations for 
membership. The MAC-FHWA was officially chartered for a 2-year period 
on July 31, 2006, and was extended by act of the Secretary for an 
additional 2-year term. That extension expires on July 31, 2010. The 
FHWA announced the ten members selected to the Council in the Federal 
Register on October 5, 2006 (71 FR 58903). An electronic copy of this 
document and the previous Federal Register notices associated with the 
MAC-FHWA can be downloaded through the Federal eRulemaking Portal at: 
https://www.regulations.gov and the Office of the Federal Register's 
home

[[Page 17830]]

page at: https://www.archives.gov/federal_register.
    The FHWA anticipates that the MAC-FHWA will meet at least once a 
year, with meetings held in the Washington, DC, metropolitan area and 
the FHWA will publish notices in the Federal Register to announce the 
times, dates, and locations of these meetings. Meetings of the Council 
are open to the public and time will be provided in each meeting's 
schedule for comments by members of the public. Attendance will 
necessarily be limited by the size of the meeting room. Members of the 
public may present oral or written comments at the meeting or may 
present written materials by providing copies to Ms. Fran Bents, 
Westat, 1650 Research Boulevard, Rockville, MD 20850-3195, (240) 314-
7557, ten (10) days prior to the meeting.
    The agenda topics for the meetings will include a discussion of the 
following issues: (1) Barrier design; (2) road design, construction, 
and maintenance practices; and (3) the architecture and implementation 
of intelligent transportation system technologies.

Conclusion

    The eighth meeting of the Motorcyclist Advisory Council to the 
Federal Highway Administration will be held on May 13, 2010, at the 
Crystal City Marriott, 1999 Jefferson Davis Highway, Arlington, VA 
22202 from 9 a.m. until 5 p.m.

(Authority: Section 1914 of Pub. L. 109-59; Public L. 92-463, 5 
U.S.C., App. II Sec.  1)

    Issued on: March 29, 2010.
Victor M. Mendez,
Administrator.
[FR Doc. 2010-7777 Filed 4-6-10; 8:45 am]
BILLING CODE 4910-22-P