DesertXpress Enterprises, LLC and DesertXpress HSR Corporation-Construction and Operation Exemption-in Victorville, CA and Las Vegas, NV, 66354-66355 [2011-27679]
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Federal Register / Vol. 76, No. 207 / Wednesday, October 26, 2011 / Notices
Tireco who identified the tires as ‘‘GeoTrac’’ brand P235/75R15 passenger car
tires. In consultation with the
fabricating manufacturer, the Shandong
Linglong Tyre Co., Ltd., Tireco has
determined that all of the noncompliant
tires were manufactured between June
12, 2009 (Serial Week 24) and August
20, 2009 (Serial Week 34). A total of
6,170 these noncompliant tires have
been recovered from its distributors and
dealers and are currently in Tireco’s
possession for relabeling. The remaining
tires (approximately 3,370) are still in
the hands of Tireco’s customers.
Tireco explains that the
noncompliance is that the markings on
the non-compliant tires specifying the
maximum inflation pressure in kPa and
in psi are reversed from the order
required by paragraph S5.5.5(c). The
Company said that the maximum
inflation pressure should have been
marked as ‘‘300 kPa (44 psi)’’ but were
‘‘inadvertently’’ marked on both
sidewalls with a maximum inflation
pressure of ‘‘44 kPa (300 psi).’’ Tireco
reported that this noncompliance was
brought to their attention on August 19,
2009 by one of the company’s
distributor customers.
Tireco argues that no vehicle operator
would ever inflate the tires to the
incorrect pressures that appear on the
sidewalls of the subject tires, and
specifically stated that ‘‘it would be
virtually impossible to do so.’’ Tireco
supports this conclusion with the
following statements:
jlentini on DSK4TPTVN1PROD with NOTICES
• With respect to the erroneous psi
marking, no commercially available air
compressor used in tire retail stores, at gas
stations, or for home use has the capacity to
inflate tires to 300 psi, and consumers would
immediately be aware from their past
experience that a pressure of 300 psi could
not be correct.
• With respect to the erroneous kPa
marking, it [is] extremely unlikely that a
consumer would attempt to inflate the tires
to 44 kPa, since (1) Drivers in the United
States almost always utilize the psi parameter
rather than kPa value when they inflate their
tires; and (2) any driver who used the kPa
parameter would know that the 44 kPa value
was not correct, since all passenger car tires
have a maximum inflation pressure of at least
240 kPa. Moreover, even if a consumer were
to attempt to inflate the tires to 44 kPa
(which is equivalent to approximately 7 psi),
he or she would immediately be aware that
the tires were drastically underinflated, and
would not be in a drivable state.
Tireco concludes that the subject noncompliance ‘‘cannot result in the tires
being overloaded, or any other adverse
safety consequence to the tires or to the
vehicles on which they are mounted.’’
Additionally, Tireco cites three cases
which it believes support its conclusion
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16:53 Oct 25, 2011
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noncompliance and to remedy the
defect or noncompliance. Therefore, this
decision only applies to the 3,370 1
passenger car replacement tires that
Tireco no longer controlled at the time
that it determined that a noncompliance
existed.
In consideration of the foregoing,
NHTSA has decided that Tireco has met
its burden of persuasion that the subject
FMVSS No. 139 labeling
noncompliances are inconsequential to
motor vehicle safety. Accordingly,
• The subject tires meet or exceed all of
Tireco’s petition is granted and the
the substantive performance requirements of
petitioner is exempted from the
FMVSS No. 139.
• There have been no complaints regarding obligation of providing notification of,
and a remedy for, the subject
this issue from vehicle owners (the incorrect
markings were brought to Tireco’s attention
noncompliance under 49 U.S.C. 30118
by one of its distributors).
and 30120.
that NHTSA has previously granted tire
companies inconsequentiality
exemptions relating to errors in the
marking of maximum inflation pressure.
(See Michelin North America, Inc., 70
FR 10161 (March 2, 2005); Kumho Tire
Co., Inc., 71 FR 6129 (February 6, 2006);
and Michelin North America, Inc., 74 FR
10805 (March 12, 2009).
Furthermore, Tireco points out three
other substantive factors that support its
petition:
• The manufacturer of these tires,
Shandong Linglong Tyre Co., Ltd., has
corrected the molds at its factory, so that this
noncompliance will not be repeated in
current or future production.
Supported by all of the above stated
reasons, Tireco believes that the
described noncompliance of its tires to
meet the requirements of FMVSS No.
139 is inconsequential to motor vehicle
safety, and that its petition, to exempt
it from providing recall notification of
noncompliance as required by 49 U.S.C.
30118 and remedying the recall
noncompliance as required by 49 U.S.C.
30120, should be granted.
NHTSA Decision: The agency agrees
with Tireco 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 noncompliances on
the operational safety of vehicles on
which these tires are mounted. In the
agency’s judgment, the incorrect
labeling of the tire inflation information
will not have any consequential effect
on motor vehicle safety because it is
extremely unlikely that the consumer
will inflate the tires to an incorrect
pressure.
The safety of people working in the
tire retread, repair, and recycling
industries was also to be considered. As
with consumers, it is extremely unlikely
that this noncompliance will cause
anyone working in those businesses to
incorrectly inflate these tires in a
manner that will cause a measureable
effect on motor vehicle safety.
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
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Authority: (49 U.S.C. 30118, 30120:
delegations of authority at CFR 1.50 and
501.8)
Issued on: October 20, 2011.
Claude H. Harris,
Acting Associate Administrator for
Enforcement.
[FR Doc. 2011–27651 Filed 10–25–11; 8:45 am]
BILLING CODE 4910–59–P
DEPARTMENT OF TRANSPORTATION
Surface Transportation Board
[Docket No. FD 35544]
DesertXpress Enterprises, LLC and
DesertXpress HSR Corporation—
Construction and Operation
Exemption—in Victorville, CA and Las
Vegas, NV
AGENCY:
Surface Transportation Board,
DOT.
Notice of construction and
operation exemption.
ACTION:
The Board grants an
exemption under 49 U.S.C. 10502 from
the prior approval requirements of 49
U.S.C. 10901 for DesertXpress
Enterprises, LLC and its subsidiary
(DXE) to build and operate a 190-mile
rail line between Victorville, Cal. and
Las Vegas, Nev., in order to provide
high-speed passenger rail service. This
exemption is subject to environmental
mitigation conditions and the condition
that DXE build the route designated as
environmentally preferable.
SUMMARY:
1 Tireco’s petition, which was filed under 49 CFR
part 556, requests an agency decision to exempt
Tireco as a manufacturer from the notification and
recall responsibilities of 49 CFR part 573 for 3, 370
of the affected tires. However, a decision on this
petition cannot relieve distributors and dealers of
the prohibitions on the sale, offer for sale, or
introduction or delivery for introduction into
interstate commerce of the noncompliant tires
under their control after Tireco notified them that
the subject noncompliance existed.
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Federal Register / Vol. 76, No. 207 / Wednesday, October 26, 2011 / Notices
The exemption will be effective
on November 25, 2011; petitions to
reopen must be filed by November 15,
2011.
ADDRESSES: An original and 10 copies of
all pleadings, referring to Docket No. FD
35544, must be filed with the Surface
Transportation Board, 395 E Street, SW.,
Washington, DC 20423–0001. In
addition, one copy of all pleadings must
be served on petitioner’s representative:
Linda J. Morgan, Nossaman LLP, 1666 K
Street, NW., Suite 500, Washington, DC
20006.
Copies of filings will be available for
viewing at the Board’s Web site.
FOR FURTHER INFORMATION CONTACT:
Joseph H. Dettmar at 202–245–0395.
Assistance for the hearing impaired is
available through the Federal
Information Relay Service (FIRS) at 1–
800–877–8339.
SUPPLEMENTARY INFORMATION:
Additional information is contained in
the Board’s decision, which is available
on our Web site at: ‘‘https://
www.stb.dot.gov’’.
DATES:
Decided: October 20, 2011.
By the Board, Chairman Elliott, Vice
Chairman Begeman, and Commissioner
Mulvey.
Jeffrey Herzig,
Clearance Clerk.
[FR Doc. 2011–27679 Filed 10–25–11; 8:45 am]
BILLING CODE 4915–01–P
DEPARTMENT OF THE TREASURY
Submission for OMB Review;
Comment Request
jlentini on DSK4TPTVN1PROD with NOTICES
October 20, 2011.
The Department of the Treasury will
submit the following public information
collection requirements to OMB for
review and clearance under the
Paperwork Reduction Act of 1995,
Public Law 104–13 on or after the date
of publication of this notice. A copy of
the submissions may be obtained by
calling the Treasury Bureau Clearance
Officer listed. Comments regarding
these information collections should be
addressed to the OMB reviewer listed
and to the Treasury PRA Clearance
Officer, Department of the Treasury,
1750 Pennsylvania Avenue, NW., Suite
11010, Washington, DC 20220.
DATES: Written comments should be
received on or before November 25,
2011 to be assured consideration.
Internal Revenue Service (IRS)
OMB Number: 1545–0001.
Type of Review: Revision of a
currently approved collection.
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16:53 Oct 25, 2011
Jkt 226001
Title: Employer’s Annual Railroad
Retirement Tax Return.
Forms: CT–1, CT–1X.
Abstract: Railroad employers are
required to file an annual return to
report employer and employee Railroad
Retirement Tax Act (RRTA). Form
CT–1 is used for this purpose. IRS uses
the information to insure that the
employer has paid the correct tax.
Respondents: Private Sector:
Businesses or other for-profits.
Estimated Total Burden Hours:
39,455.
OMB Number: 1545–0003.
Type of Review: Extension without
change of a currently approved
collection.
Title: Application for Employer
Identification Number; Solicitud de
Numero de Identificacion Patronal
(EIN).
Forms: SS–4, SS–4–PR.
Abstract: Taxpayers are required to
have an identification number for use
on any return, statement, or other
document must prepare and file Form
SS–4 or Form SS–4PR (Puerto Rico
only) to obtain a number. The
information is used by the IRS and the
SSA in tax administration and by the
Bureau of the Census for business
statistics.
Respondents: Private Sector:
Businesses or other for-profits.
Estimated Total Burden Hours:
15,941,913.
OMB Number: 1545–0024.
Type of Review: Revision of a
currently approved collection.
Title: Claim for Refund and Request
for Abatement.
Form: 843.
Abstract: IRC section 6402, 6404, and
sections 301.6404–2, and 301.6404–3 of
the regulations, allow for refunds of
taxes (except income taxes) or refund,
abatement, or credit of interest,
penalties, and additions to tax in the
event of errors or certain action by the
IRS. Form 843 is used by taxpayers to
claim these refunds, credits, or
abatements.
Respondents: Individuals and
Households.
Estimated Total Burden Hours:
875,295.
OMB Number: 1545–0049.
Type of Review: Extension without
change of a currently approved
collection.
Title: Form 990–BL, Information and
Initial Excise Tax Return for Black Lung
Benefit Trusts and Certain Related
Persons; Form 6069, Return of Excise
Tax on Excess Contributions to BL
Trust.
Forms: 990–BL, 6069.
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66355
Abstract: IRS uses Form 990–BL to
monitor activities of black lung benefit
trusts, and to collect excise taxes on
these trusts and certain related persons
if they engage in proscribed activities.
The tax is figured on Schedule A and
attached to Form 990–BL. Form 6069 is
used by coal mine operators to figure
the maximum deduction to a black lung
benefit trust. If excess contributions are
made, IRS uses the form to figure and
collect the tax on excess contributions.
Respondents: Private Sector:
Businesses or other for-profits.
Estimated Total Burden Hours: 563.
OMB Number: 1545–0058.
Type of Review: Extension without
change of a currently approved
collection.
Title: Application for Recognition of
Exemption Under Section 521 of the
Internal Revenue Code.
Form: 1028.
Abstract: Farmers’ cooperatives must
file Form 1028 to apply for exemption
from Federal income tax as being
organizations described in IRC section
521. The information on Form 1028
provides the basis for determining
whether the applicants are exempt.
Respondents: Private Sector:
Businesses or other for-profits, Farms.
Estimated Total Burden Hours: 2,545.
OMB Number: 1545–0152.
Type of Review: Extension without
change of a currently approved
collection.
Title: Application for Change in
Accounting Method.
Form: 3115.
Abstract: Form 3115 is used by
taxpayers who wish to change their
method of computing their taxable
income. The form is used by the IRS to
determine if electing taxpayers have met
the requirements and are able to change
to the method requested.
Respondents: Private Sector:
Businesses or other for-profits.
Estimated Total Burden Hours:
929,066.
OMB Number: 1545–0216.
Type of Review: Extension without
change of a currently approved
collection.
Title: International Boycott Report.
Form: 5713 and Schedules A, B, and
C to Form 5713.
Abstract: Form 5713 and related
Schedules A, B, and C are used by any
entity that has operations in a
‘‘boycotting’’ country. If that entity
cooperates with or participates in an
international boycott it loses a portion
of the foreign tax credit, or deferral of
FSC and IC–DISC benefits. The IRS uses
Form 5713 to determine if any of the
above benefits should be lost. The
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]]>Agencies
[Federal Register Volume 76, Number 207 (Wednesday, October 26, 2011)]
[Notices]
[Pages 66354-66355]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-27679]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Surface Transportation Board
[Docket No. FD 35544]
DesertXpress Enterprises, LLC and DesertXpress HSR Corporation--
Construction and Operation Exemption--in Victorville, CA and Las Vegas,
NV
AGENCY: Surface Transportation Board, DOT.
ACTION: Notice of construction and operation exemption.
-----------------------------------------------------------------------
SUMMARY: The Board grants an exemption under 49 U.S.C. 10502 from the
prior approval requirements of 49 U.S.C. 10901 for DesertXpress
Enterprises, LLC and its subsidiary (DXE) to build and operate a 190-
mile rail line between Victorville, Cal. and Las Vegas, Nev., in order
to provide high-speed passenger rail service. This exemption is subject
to environmental mitigation conditions and the condition that DXE build
the route designated as environmentally preferable.
[[Page 66355]]
DATES: The exemption will be effective on November 25, 2011; petitions
to reopen must be filed by November 15, 2011.
ADDRESSES: An original and 10 copies of all pleadings, referring to
Docket No. FD 35544, must be filed with the Surface Transportation
Board, 395 E Street, SW., Washington, DC 20423-0001. In addition, one
copy of all pleadings must be served on petitioner's representative:
Linda J. Morgan, Nossaman LLP, 1666 K Street, NW., Suite 500,
Washington, DC 20006.
Copies of filings will be available for viewing at the Board's Web
site.
FOR FURTHER INFORMATION CONTACT: Joseph H. Dettmar at 202-245-0395.
Assistance for the hearing impaired is available through the Federal
Information Relay Service (FIRS) at 1-800-877-8339.
SUPPLEMENTARY INFORMATION: Additional information is contained in the
Board's decision, which is available on our Web site at: ``https://www.stb.dot.gov''.
Decided: October 20, 2011.
By the Board, Chairman Elliott, Vice Chairman Begeman, and
Commissioner Mulvey.
Jeffrey Herzig,
Clearance Clerk.
[FR Doc. 2011-27679 Filed 10-25-11; 8:45 am]
BILLING CODE 4915-01-P
