Federal Register / Vol. 69, No. 227 / Friday, November 26, 2004 / Notices 69027

Issued in Camp Hill, PA on November 17, 

2004. 

John B. Carter, 

Acting Manager, Harrisburg Airports District 

Office, Eastern Region.

[FR Doc. 04–26102 Filed 11–24–04; 8:45 am] 

BILLING CODE 4910–13–M

DEPARTMENT OF TRANSPORTATION

Federal Highway Administration 

Environmental Impact Statement; 

Chittenden County, VT

AGENCY: Federal Highway 

Administration (FHWA), DOT.

ACTION: Notice of intent.

SUMMARY: The FHWA is issuing this 

notice to advise the public that an 

environmental impact statement will be 

prepared for a proposed transportation 

project in Chittenden County, Vermont.

FOR FURTHER INFORMATION CONTACT:

Kenneth R. Sikora, Jr., Environmental 

Program Manager, Federal Highway 

Administration, PO Box 568, Montpelier 

Vermont 05601, Telephone: (802) 828–

4433.

SUPPLEMENTARY INFORMATION: The 

FHWA, in cooperation with the 

Vermont Agency of Transportation 

(VTrans), will prepare an environmental 

impact statement (EIS) on a proposal to 

improve the transportation system from 

Interstate Route I–89 to the Towns of 

Williston and Essex and the Village of 

Essex Junction. The project study area is 

approximately 4 miles in length, and 

includes the corridor that would have 

been served by the previously proposed 

Chittenden County Circumferential 

Highway Project Construction Segments 

A and B. The Circumferential Highway 

Construction Segments G–J included in 

the Metropolitan Long Range 

Transportation Plan are not part of this 

proposed transportation project. The 

Circumferential Highway Construction 

Segments C–F have been partially 

constructed and open to traffic. 

The EIS will identify transportation 

needs and deficiencies in the project 

study area, including mobility, access, 

system continuity, and safety. The range 

of transportation alternatives to be 

evaluated in the EIS will not be 

restricted to previously considered 

alternatives or the conclusions of 

previous studies. In addition, the EIS 

will specifically address the 

relationship between transportation and 

land use in and around the project study 

area. 

The EIS will evaluate potential 

alternative transportation improvements 

to meet the existing and future demands 

on the transportation system serving the 

aforementioned communities. Potential 

alternatives and combinations thereof 

will include but are not limited to (1) 

taking no action, i.e., the No-Build 

Alternative; (2) strategies to better 

manage transportation demand; (3) 

improving public transportation 

facilities and services: (4) improving 

existing roadways, pedestrian 

walkways, and bikeways; and (5) 

constructing a new roadway connection 

between Route I–89 and Vermont Route 

289 and other roadways. Design 

variations of potential alternatives will 

also be studied, as appropriate. 

The EIS will be initiated with a 

scoping process. The scoping process 

will include a program of public 

outreach and agency coordination will 

be conducted over the next several 

months in order to elicit input on 

project purpose and need, potential 

alternatives, significant and 

insignificant issues, and collaborative 

methods for analyzing transportation 

alternatives and environmental impacts. 

As part of scoping, VTrans plans to hold 

several public meetings at different 

locations in Chittenden County and to 

contact and meet with local, state, and 

federal agencies and officials as well as 

private individuals and organizations 

concerned with the project. In addition, 

a public hearing will be held in 

connection with the circulation of the 

draft EIS. Public notice will be given of 

the time and place of the meetings and 

hearing. 

The information gained during the 

scoping process will be widely 

disseminated and used to guide the 

development of the EIS. An internet 

website and other communication 

media will be developed early in the 

scoping process and used to provide 

public information and to receive 

comments. All comments and input 

received during the scoping and 

subsequent steps of the EIS process will 

be considered and documented. 

Beginning with scoping, continuous and 

regular public involvement and agency 

coordination will continue throughout 

the preparation of the EIS.

(Catalog of Federal Domestic Assistance 

Program Number 20.205 Highway Planning 

and Construction. The regulations 

implementing Executive Order 12372 

regarding intergovernmental consultation on 

Federal programs and activities apply to this 

program)

Issued on: November 19, 2004. 

Charles E. Basner, 

Division Administrator, Montpelier, Vermont.

[FR Doc. 04–26192 Filed 11–24–04; 8:45 am] 

BILLING CODE 4910–22–M

DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety 

Administration 

[Docket No. NHTSA 2004–19103; Notice 2] 

The Goodyear Tire and Rubber 

Company, Grant of Petition for 

Decision of Inconsequential 

Noncompliance 

The Goodyear Tire and Rubber 

Company (Goodyear) has determined 

that certain tires it produced in 2004 do 

not comply with S4.3(e) of 49 CFR 

571.109, Federal Motor Vehicle Safety 

Standard (FMVSS) No. 109, ‘‘New 

pneumatic tires.’’ Pursuant to 49 U.S.C. 

30118(d) and 30120(h), Goodyear has 

petitioned for a determination that this 

noncompliance is inconsequential to 

motor vehicle safety and has filed an 

appropriate report pursuant to 49 CFR 

part 573, ‘‘Defect and Noncompliance 

Reports.’’ Notice of receipt of the 

petition was published, with a 30-day 

comment period, on October 8, 2004, in 

the Federal Register (69 FR 60459). 

NHTSA received no comments. 

A total of approximately 3,793 tires 

are involved. These include 

approximately 1,075 Kelly Charger HPT 

235/45R18 tires manufactured from May 

18, 2004, to May 27, 2004, and 

approximately 2,718 Essenza 210 Type 

R 235/45R18 tires manufactured from 

July 15, 2004, to August 15, 2004. 

Paragraph S4.3 of FMVSS No. 109 

requires ‘‘each tire shall have 

permanently molded into or onto both 

sidewalls * * * (e) Actual number of 

plies in the sidewall, and the actual 

number of plies in the tread area if 

different.’’ The affected tires are 

incorrectly labeled to state that there is 

one nylon ply in the tread area when the 

actual number of nylon plies is two. 

Goodyear believes that the 

noncompliance is inconsequential to 

motor vehicle safety and that no 

corrective action is warranted, because 

the mislabeling of these tires creates no 

unsafe condition. Goodyear states that 

the tires meet or exceed all applicable 

FMVSS performance requirements. In 

addition, Goodyear says that all 

markings related to tire service, 

including load capacity and 

corresponding inflation pressure, are 

correct. 

The Transportation Recall, 

Enhancement, Accountability, and 

Documentation (TREAD) Act (Public 

Law 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 

69028 Federal Register / Vol. 69, No. 227 / Friday, November 26, 2004 / Notices 

1This 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.

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 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 

Goodyear’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. 109 and all 

other informational markings as 

required by FMVSS No. 109 are present. 

Goodyear has corrected the problem.

In consideration of the foregoing, 

NHTSA has decided that the petitioner 

has met its burden of persuasion that 

the noncompliance described is 

inconsequential to motor vehicle safety. 

Accordingly, Goodyear’s petition is 

granted and the petitioner is exempted 

from the obligation of providing 

notification of, and a remedy for, the 

noncompliance.

Authority: 49 U.S.C. 30118, 30120; 

delegations of authority at CFR 1.50 and 

501.8.

Issued on: November 18, 2004. 

Kenneth N. Weinstein, 

Associate Administrator for Enforcement.

[FR Doc. 04–26103 Filed 11–24–04; 8:45 am] 

BILLING CODE 4910–59–P

DEPARTMENT OF TRANSPORTATION

Research and Special Programs 

Administration 

Pipeline Safety: Operator Qualification 

Requirements

AGENCY: Research and Special Programs 

Administration (RSPA), DOT.

ACTION: Notice; issuance of advisory 

bulletin. 

SUMMARY: RSPA’s Office of Pipeline 

Safety (RSPA/OPS) is issuing this 

advisory bulletin to owners and 

operators of natural gas and hazardous 

liquid pipeline systems concerning the 

minimum requirements for operator 

qualification (OQ) programs for 

personnel performing covered tasks on 

a pipeline facility. The bulletin reminds 

system owners and operators that the 

deadline for modifying their OQ 

programs to comply with the additional 

statutory requirements in Section 13 of 

the Pipeline Safety Improvement Act of 

2002 is December 17, 2004. The bulletin 

also advises system owners and 

operators that reviews of OQ programs 

conducted by RSPA/OPS inspectors 

after December 17, 2004, will consider 

whether the programs are in compliance 

with these additional statutory 

requirements, even if the relevant 

provisions of the pipeline safety 

regulations are not amended by that 

date.

ADDRESSES: This document can be 

viewed at the OPS home page at:

http://ops.dot.gov.

FOR FURTHER INFORMATION CONTACT:

Stanley Kastanas, (202) 366–3844; or by 

e-mail, stanley.kastanas@rspa.dot.gov.

This document can be viewed at the 

RSPA/OPS home page at http://

ops.dot.gov. General information about 

the RSPA/OPS programs may be 

obtained by accessing RSPA’s home 

page at http://rspa.dot.gov.

SUPPLEMENTARY INFORMATION:

I. Background 

In 1999, RSPA/OPS issued regulations 

requiring operators of natural gas and 

hazardous liquid pipelines to establish 

and follow operator qualification (OQ) 

programs to ensure that pipeline 

personnel performing covered tasks on 

a pipeline facility were properly 

qualified to do so. (64 FR 46866; Aug. 

27, 1999) (codified at 49 CFR Part 192, 

Subpart N, and 49 CFR Part 195, 

Subpart G). These regulations required 

pipeline operators to have a written OQ 

program in place by April 27, 2001, and 

to have completed the qualification of 

individuals performing covered tasks by 

October 28, 2002. 

On December 17, 2002, the President 

signed the Pipeline Safety Improvement 

Act of 2002 (Pub. L. 107–355, 116 Stat. 

2985) (PSIA 2002). Section 13 of PSIA 

2002 (codified at 49 U.S.C. 60131) 

contains additional OQ program 

requirements that are not yet 

incorporated into the existing 

regulations, and requires that they be 

implemented by pipeline operators no 

later than December 17, 2004. Of 

particular note, Section 13 of PSIA 2002 

requires that OQ programs provide for 

periodic requalification of pipeline 

personnel. In addition, once an OQ 

program has undergone compliance 

review by RSPA/OPS, operators must 

notify RSPA/OPS of any significant 

program modifications and those 

modifications are subject to RSPA/OPS 

review. 

With respect to the time frame for 

pipeline operators to modify their OQ 

programs, paragraph (e)(6) of Section 13 

of PSIA 2002 requires operators to 

comply with the new statutory OQ 

requirements:

* * * Notwithstanding any failure of the 

Secretary to prescribe standards and criteria 

as described in subsection (b), an operator of 

a pipeline facility shall develop and adopt a 

qualification program that complies with the 

requirement of subsection (b)(2)(B) and 

includes the elements described in 

subsection (d) not later than 2 years after the 

date of enactment of this section [December 

17, 2004].

RSPA/OPS has called attention to 

these additional OQ program 

requirements in public forums attended 

by operators as well as during reviews 

of OQ programs. RSPA/OPS is currently 

preparing amendments to the existing 

OQ regulations in Parts 192 and 195 to 

incorporate these additional program 

requirements. Operators are reminded 

that these requirements are part of 

public law, and reviews of OQ programs 

conducted by RSPA/OPS inspectors 

after December 17, 2004, will consider 

whether the programs were in 

compliance as of the required date, even 

if the relevant provisions of the pipeline 

safety regulations are not yet amended 

by that date.

II. Advisory Bulletin (ADB–04–05) 

To: Owners and Operators of Gas and 

Hazardous Liquid Pipeline Systems. 

Subject: Implementation of Operator 

Qualification (OQ) Requirements 

Mandated by the Pipeline Safety 

Improvement Act of 2002 (Pub. L. 107–

355, 116 Stat. 2985) (PSIA 2002). 

Purpose: To inform pipeline system 

owners and operators of congressionally 

mandated requirements for 

modifications to OQ programs for 

individuals performing covered tasks on