70962 Federal Register / Vol. 75, No. 223 / Friday, November 19, 2010 / Notices 

Dated: November 15, 2010. 

Danielle Morris, 

Office of Claims and Investment Disputes, 

Office of the Legal Adviser, Executive 

Director, Advisory Committee on 

International Law, Department of State. 

[FR Doc. 2010–29229 Filed 11–18–10; 8:45 am] 

BILLING CODE 4710–08–P 

DEPARTMENT OF TRANSPORTATION 

Maritime Administration 

[Docket Number 2010–0103] 

California Green Trade Corridor 

Transportation Investment Generating 

Economic Recovery (TIGER) 

AGENCY: Department of Transportation, 

Maritime Administration. 

ACTION: Notice of availability of Finding 

of No Significant Impact. 

SUMMARY: Notice is hereby given that 

the Maritime Administration, of the 

Department of Transportation (DOT), 

has made available to interested parties 

the Finding of No Significant Impact 

(FONSI) for the California Green Trade 

Corridor Transportation Investment 

Generating Economic Recovery (TIGER) 

grant. An environmental assessment 

(EA) and FONSI have been prepared 

pursuant to the National Environmental 

Policy Act (NEPA) (42 U.S.C. 4231 et 

seq.) in accordance with the Council on 

Environmental Quality (CEQ) 

regulations for implementing the 

procedural provisions of NEPA (40 CFR 

parts 1500–1508). 

The purpose of the EA is to evaluate 

the potential environmental impacts 

from two separate marine highway 

projects running from the Ports of West 

Sacramento and Stockton to the Port of 

Oakland. The marine highway services 

consist of a tug and barge configuration 

and are scheduled to operate once a 

week. 

FOR FURTHER INFORMATION CONTACT: 

Daniel E. Yuska Jr., 1200 New Jersey 

Ave., SE., Washington, DC 20590; 

phone: (202) 366–0714; or e-mail: 

Daniel.yuska@dot.gov. Persons who use 

a telecommunications device for the 

deaf (TDD) may call the Federal 

Information Relay Service (FIRS) at 

1–800–877–8339 to contact the above 

individual during business hours. The 

FIRS is available twenty-four hours a 

day, seven days a week, to leave a 

message or question with the above 

individual. You will receive a reply 

during normal business hours. 

A copy of the Final EA and Finding 

of No Significant Impact can be 

obtained or viewed online at 

http://www.regulations.gov. The files 

are in a portable document format (pdf); 

in order to review or print the 

document, users need to obtain a free 

copy of Acrobat Reader. The Acrobat 

Reader can be obtained from 

http://www.adobe.com/prodindex/ 

acrobat/readstep.html. 

By order of the Maritime Administrator. 

Dated: November 15, 2010. 

Christine Gurland, 

Secretary, Maritime Administration. 

[FR Doc. 2010–29173 Filed 11–18–10; 8:45 am] 

BILLING CODE 4910–81–P 

DEPARTMENT OF TRANSPORTATION 

National Highway Traffic Safety 

Administration 

[Docket No. NHTSA–2009–0003; Notice 2] 

General Motors Corporation, Grant of 

Petition for Decision of 

Inconsequential Noncompliance 

General Motors Corporation (GM) has 

determined that certain Model Year 

2009 Chevrolet Cobalt and Pontiac G5 

passenger cars did not fully comply 

with paragraphs S4.3(c) and S4.3(d) of 

49 CFR 571.110, Federal Motor Vehicle 

Safety Standard (FMVSS) No. 110, Tire 

Selection and Rims, for Motor Vehicles 

With a GVWR of 4,536 Kilograms 

(10,000 pounds) or Less. GM 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), GM 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 2/9/2009, in the 

Federal Register (74 FR 6453). No 

comments were received. To view the 

petition and all supporting documents 

log onto the Federal Docket 

Management System Web site at: 

http://www.regulations.gov/. Then 

follow the online search instructions to 

locate docket number ‘‘NHTSA–2009– 

0003.’’ 

For further information on this 

decision, contact Mr. John Finneran, 

Office of Vehicle Safety Compliance, the 

National Highway Traffic Safety 

Administration (NHTSA), Telephone 

(202) 366–0645, Facsimile (202) 366– 

5930. 

Affected are approximately 6,619 

model year 2009 Chevrolet Cobalt and 

Pontiac G5 passenger cars built from 

April 2008 through November 12, 2008. 

Paragraph S4.3 of FMVSS No. 110 

requires in pertinent part: 

S4.3 Placard. Each vehicle, except for a 

trailer or incomplete vehicle, shall show the 

information specified in S4.3(a) through (g), 

and may show, at the manufacturer’s option, 

the information specified in S4.3(h) and (i), 

on a placard permanently affixed to the 

driver’s side B-pillar. In each vehicle without 

a driver’s side B-pillar and with two doors on 

the driver’s side of the vehicle opening in 

opposite directions, the placard shall be 

affixed on the forward edge of the rear side 

door. If the above locations do not permit the 

affixing of a placard that is legible, visible 

and prominent, the placard shall be 

permanently affixed to the rear edge of the 

driver’s side door. If this location does not 

permit the affixing of a placard that is legible, 

visible and prominent, the placard shall be 

affixed to the inward facing surface of the 

vehicle next to the driver’s seating position. 

This information shall be in the English 

language and conform in color and format, 

not including the border surrounding the 

entire placard, as shown in the example set 

forth in Figure 1 in this standard. At the 

manufacturer’s option, the information 

specified in S4.3(c), (d), and, as appropriate, 

(h) and (i) may be shown, alternatively to 

being shown on the placard, on a tire 

inflation pressure label which must conform 

in color and format, not including the border 

surrounding the entire label, as shown in the 

example set forth in Figure 2 in this standard. 

The label shall be permanently affixed and 

proximate to the placard required by this 

paragraph. The information specified in 

S4.3(e) shall be shown on both the vehicle 

placard and on the tire inflation pressure 

label (if such a label is affixed to provide the 

information specified in S4.3(c), (d), and, as 

appropriate, (h) and (i)) may be shown in the 

format and color scheme set forth in Figures 

1 and 2. * * * 

(c) Vehicle manufacturer’s recommended 

cold tire inflation pressure for front, rear and 

spare tires, subject to the limitations of 

S4.3.4. For full size spare tires, the statement 

‘‘see above’’ may, at the manufacturer’s option 

replace manufacturer’s recommended cold 

tire inflation pressure. If no spare tire is 

provided, the word ‘‘none’’ must replace the 

manufacturer’s recommended cold tire 

inflation pressure. 

(d) Tire size designation, indicated by the 

headings ‘‘size’’ or ‘‘original tire size’’ or 

‘‘original size,’’ and ‘‘spare tire’’ or ‘‘spare,’’ for 

the tires installed at the time of the first 

purchase for purposes other than resale. For 

full size spare tires, the statement ‘‘see above’’ 

may, at the manufacturer’s option replace the 

tire size designation. If no spare tire is 

provided, the word ‘‘none’’ must replace the 

tire size designation; * * * 

In its petition, GM explained that the 

noncompliances with FMVSS No. 110 

exist due to errors in the vehicle tire and 

loading information placards that it 

affixed to the vehicles. GM explains that 


srobinson on DSKHWCL6B1PROD with NOTICES
Federal Register / Vol. 75, No. 223 / Friday, November 19, 2010 / Notices 70963 

1 General Motors LLC (GM) is vehicle 

manufacturer incorporated under the laws of the 

state of Michigan. 

the subject vehicles were originally 

designed to be equipped with spare tires 

as standard equipment. The vehicle 

owner’s manuals and tire and 

information placards included all 

required information associated with 

the spare tire equipped vehicles. When 

a production change substituted a Tire 

Sealant and Compressor Kit (inflator kit) 

for the spare tire, the vehicle tire and 

information placards should have been 

revised to comply with paragraphs 

S4.3(c) and S4.3(d) of FMVSS No. 110, 

but were not. 

GM described the noncompliances as 

the following errors on the tire and 

loading information placard: 

(1) The tire size designation shows a spare 

tire size appropriate for the subject vehicles 

instead of the word ‘‘none’’. 

(2) The manufacturer’s recommended cold 

tire inflation pressure shows inflation 

pressure appropriate for the subject spare tire 

instead of the word ‘‘none’’. 

GM also stated that all other 

information (front and rear tire size 

designations and their respective cold 

tire inflation pressures as well as seating 

capacity and vehicle capacity weight) 

on the subject placards is correct and 

that it was not aware of any field or 

owner complaints associated with these 

noncompliances. 

GM additionally stated that it believes 

that this noncompliance is 

inconsequential to motor vehicle safety 

for the following reasons: 

(1) All information required for 

maintaining and/or replacing the front and 

rear tires, as well as the seating capacity and 

vehicle capacity weight are correct on the tire 

and loading information placard on the 

subject vehicles. 

(2) The vehicle price label (a.k.a., the 

Monroney label) has the correct information, 

whether the vehicle is equipped with an 

inflator kit or a spare tire. Therefore, original 

purchase owners should already know if 

their vehicle is equipped with an inflator kit 

in place of a spare tire. 

(3) In addition to the FMVSS No. 138 

required owner’s manual language of 

checking the inflation pressures of all tires 

including the spare monthly, the owner’s 

manual also recommends the owner to check 

the tires including the compact spare once a 

month or more. The tire information placard 

on the subject vehicles contains spare tire 

size and recommended cold tire inflation 

pressure instead of the word ‘‘none’’ as 

required by FMVSS No. 110. The inflator kit 

is located in the same location where a spare 

tire would be for vehicles ordered with an 

optional spare tire. Therefore, if an owner 

were to look for the spare tire, he/she would 

find the inflator kit, and realize that the 

vehicle is equipped with an inflator kit 

instead of a spare tire. 

(4) In the event of a flat tire, the inflator 

kit serves the purpose of getting back on the 

road. Since the inflator kit is located in the 

same location as the spare tire, the customer 

should have no problem finding it. The 

owner’s manual provides the instructions for 

using the inflator kit as well as installing the 

spare tire. There is a label with instructions 

on the sealant canister of the inflator kit as 

well. 

(5) The inflator kit includes a tire sealant 

canister, an air compressor as well as a 

pressure gage in one unit. The inflator kit can 

be used to inflate one or more tires regardless 

whether the vehicle has a punctured tire or 

not. The sealant of the GM sealant canister 

does not damage the TPMS pressure sensor, 

and the TPMS continues to function. 

(6) OnStar e-mail service subscribers get 

monthly reminders on tire pressure 

maintenance, including the recommended 

cold tire inflation pressures and status of 

their tire pressures. 

(7) Risk to the public is negligible because 

the vehicle does have an inflator kit. 

(8) GM is not aware of any incidents or 

injuries related to the subject condition. 

GM also has informed NHTSA that it 

has corrected the problem that caused 

these errors so that they will not be 

repeated in future production. 

In summation, GM states that it 

believes that the noncompliances are 

inconsequential to motor vehicle safety 

and that no corrective action is 

warranted. 

NHTSA Decision 

The agency agrees with GM 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 the subject vehicles 

in which the vehicle tire and loading 

information placards erroneously 

indicated that a spare tire was available 

when, in fact, a tire inflator kit was 

installed in lieu of the spare tire. 

In the agency’s judgment, this 

noncompliance to FMVSS No. 110 will 

have an inconsequential effect on motor 

vehicle safety because: 

In the event of a flat tire, the inflator 

kit serves the purpose of getting back on 

the road. Since the inflator kit is located 

in the same location as the spare tire, 

the customer should have no problem 

finding it. The owner’s manual provides 

the instructions for using the inflator kit 

as well as installing a spare tire, should 

one become available. There is a label 

with use instructions on the sealant 

canister of the inflator kit as well. 

Additionally, all information required 

for maintaining and/or replacing the 

front and rear tires (i.e., tire size 

designations and their respective cold 

tire inflation pressures), as well as the 

seating capacity and vehicle capacity 

weight are correct on the tire and 

loading information placard on the 

subject vehicles. 

In consideration of the foregoing, 

NHTSA has decided that GM has met its 

burden of persuasion that the subject 

FMVSS No. 10 labeling noncompliances 

are inconsequential to motor vehicle 

safety. Accordingly, GM’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 CFR 1.50 and 

501.8). 

Issued on: November 15, 2010. 

Claude H. Harris, 

Director, Office of Vehicle Safety Compliance. 

[FR Doc. 2010–29170 Filed 11–18–10; 8:45 am] 

BILLING CODE 4910–59–P 

DEPARTMENT OF TRANSPORTATION 

National Highway Traffic Safety 

Administration 

[Docket No. NHTSA–2010–0151; Notice 1] 

General Motors Corporation, Receipt 

of Petition for Decision of 

Inconsequential Noncompliance 

General Motors Corporation (GM),1

has determined that approximately 

1,113 Model Year (MY) 2011 Buick 

Regal passenger cars do not fully 

comply with paragraph S4.3(d) of 49 

CFR 571.110, Federal Motor Vehicle 

Safety Standard (FMVSS) No. 110, Tire 

Selection and Rims for Motor Vehicles 

With a GVWR of 4,536 Kilograms 

(10,000 pounds) or Less. GM filed an 

appropriate report pursuant to 49 CFR 

part 573, Defect and Noncompliance 

Responsibility and Reports dated July 

26, 2010. 

Pursuant to 49 U.S.C. 30118(d) and 

30120(h) (see implementing rule at 49 

CFR part 556), GM 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 GM’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 1,113 

model year 2011 Buick Regal passenger 

cars manufactured between January 20, 

2010, and May 18, 2010 at GM’s 

Ru ̈ sselsheim assembly plant. 


srobinson on DSKHWCL6B1PROD with NOTICES