73160 Federal Register / Vol. 75, No. 228 / Monday, November 29, 2010 / Notices 

2Continental’s petition, which was filed under 49 

CFR Part 556, requests an agency decision to 

exempt Continental as a replacement equipment 

manufacturer from the notification and recall 

responsibilities of 49 CFR Part 573 for the 16,325 

tires that were delivered to its customers in the 

United States. However, the agency cannot relieve 

Continental distributors 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 

Continental recognized that the subject 

noncompliance existed. Those tires must be brought 

into conformance, exported, or destroyed. In 

addition, any of the affected tires that Continental 

has not delivered to its customers must be brought 

into compliance, exported or destroyed. 

to October 2009 at Continental’s plant 

located in Camac ̧ari- BA, Brasil. A total 

of approximately 16,325 of these tires 

have been delivered to Continental’s 

customers in the United States and 

Canada. 

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 

16,325 2 tires that have already passed 

from the manufacturer to an owner, 

purchaser, or dealer. 

Paragraph S5.5(b) 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* * * 

(b) The tire size designation as listed in the 

documents and publications specified in 

S4.1.1 of this standard; 

Continental explains that the 

noncompliance is that, due to a mold 

labeling error, the sidewall marking on 

the reference side of the tires incorrectly 

identifies the tire size code as ‘‘658R 

3VR’’ when in fact it should be 

identified as ‘‘658P 3VR’’ in the tread 

area of the tires as required by 

paragraph S5.5(b). 

Continental also explains that while 

the non-compliant tires are mislabeled, 

all of the tires included in this petition 

meet or exceed the performance 

requirements of FMVSS No. 139. 

Continental argues that this 

noncompliance is inconsequential to 

motor vehicle safety because the 

noncompliant sidewall marking does 

not create an unsafe condition and all 

other labeling requirements have been 

met. 

Continental points out that NHTSA 

has previously granted similar petitions 

for non-compliances in sidewall 

marking. 

Continental additionally states that it 

has corrected the affected tire molds and 

all future production will have the 

correct material shown on the sidewall. 

In summation, Continental 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 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 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. 

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 

New Jersey Avenue, SE., Washington, 

DC 20590. 

b. By hand delivery to U.S. 

Department of Transportation, Docket 

Operations, M–30, West Building 

Ground Floor, Room W12–140, 1200 

New Jersey Avenue, SE., Washington, 

DC 20590. The Docket Section is open 

on weekdays from 10 a.m. to 5 p.m. 

except Federal Holidays. 

c. Electronically: By logging onto the 

Federal Docket Management System 

(FDMS) Web site at http:// 

www.regulations.gov/. Follow the online 

instructions for submitting comments. 

Comments may also be faxed to 1–202– 

493–2251. 

Comments must be written in the 

English language, and be no greater than 

15 pages in length, although there is no 

limit to the length of necessary 

attachments to the comments. If 

comments are submitted in hard copy 

form, please ensure that two copies are 

provided. If you wish to receive 

confirmation that your comments were 

received, please enclose a stamped, selfaddressed postcard with the comments. 

Note that all comments received will be 

posted without change to http:// 

www.regulations.gov, including any 

personal information provided. 

Documents submitted to a docket may 

be viewed by anyone at the address and 

times given above. The documents may 

also be viewed on the Internet at 

http://www.regulations.gov by following 

the online instructions for accessing the 

dockets. DOT’s complete Privacy Act 

Statement is available for review in the 

Federal Register published on April 11, 

2000, (65 FR 19477–78). 

The petition, supporting materials, 

and all comments received before the 

close of business on the closing date 

indicated below will be filed and will be 

considered. All comments and 

supporting materials received after the 

closing date will also be filed and will 

be considered to the extent possible. 

When the petition is granted or denied, 

notice of the decision will be published 

in the Federal Register pursuant to the 

authority indicated below. 

Comment closing date: December 29, 

2010. 

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

delegations of authority at CFR 1.50 and 

501.8. 

Issued on: November 19, 2010. 

Claude H. Harris, 

Acting Associate Administrator for 

Enforcement. 

[FR Doc. 2010–29879 Filed 11–26–10; 8:45 am] 

BILLING CODE 4910–59–P 

DEPARTMENT OF TRANSPORTATION 

Pipeline and Hazardous Materials 

Safety Administration 

[Docket No. PHMSA–2010–0354] 

Pipeline Safety: Information Collection 

Activities 

AGENCY: Pipeline and Hazardous 

Materials Safety Administration, DOT. 

ACTION: Notice and request for 

comments. 

SUMMARY: In accordance with the 

Paperwork Reduction Act of 1995, 

mstockstill on DSKH9S0YB1PROD with NOTICES

Federal Register / Vol. 75, No. 228 / Monday, November 29, 2010 / Notices 73161 

1On November 16, 2010, DSR supplemented its 

notice of exemption. 

PHMSA invites comments on an 

information collection under Office of 

Management and Budget (OMB) Control 

No. 2137–0578, titled ‘‘Reporting SafetyRelated Conditions on Gas, Hazardous 

Liquid, and Carbon Dioxide Pipelines 

and Liquefied Natural Gas Facilities.’’ 

PHMSA is preparing to request approval 

from OMB for a renewal of the current 

information collection. 

DATES: Interested persons are invited to 

submit comments on or before January 

28, 2011. 

ADDRESSES: Comments may be 

submitted in the following ways: 

E-Gov Web Site: http:// 

www.regulations.gov. This site allows 

the public to enter comments on any 

Federal Register notice issued by any 

agency. 

Fax: 1–202–493–2251. 

Mail: Docket Management Facility; 

U.S. DOT, 1200 New Jersey Avenue, 

SE., West Building, Room W12–140, 

Washington, DC 20590–0001. 

Hand Delivery: Room W12–140 on the 

ground level of the West Building, 1200 

New Jersey Avenue, SE., Washington, 

DC, between 9 a.m. and 5 p.m., Monday 

through Friday, except Federal holidays. 

Instructions: Identify the docket 

number, PHMSA–2010–0354, at the 

beginning of your comments. Note that 

all comments received will be posted 

without change to http:// 

www.regulations.gov, including any 

personal information provided. You 

should know that anyone is able to 

search the electronic form of all 

comments received into any of our 

dockets by the name of the individual 

submitting the comment (or signing the 

comment, if submitted on behalf of an 

association, business, labor union, etc.). 

Therefore, you may want to review 

DOT’s complete Privacy Act Statement 

in the Federal Register published on 

April 11, 2000 (65 FR 19477) or visit 

http://www.regulations.gov before 

submitting any such comments. 

Docket: For access to the docket or to 

read background documents or 

comments, go to http:// 

www.regulations.gov at any time or to 

Room W12–140 on the ground level of 

the West Building, 1200 New Jersey 

Avenue, SE., Washington, DC, between 

9 a.m. and 5 p.m., Monday through 

Friday, except Federal holidays. If you 

wish to receive confirmation of receipt 

of your written comments, please 

include a self-addressed, stamped 

postcard with the following statement: 

‘‘Comments on PHMSA–2010–0354.’’ 

The Docket Clerk will date stamp the 

postcard prior to returning it to you via 

the U.S. mail. Please note that due to 

delays in the delivery of U.S. mail to 

Federal offices in Washington, DC, we 

recommend that persons consider an 

alternative method (Internet, fax, or 

professional delivery service) of 

submitting comments to the docket and 

ensuring their timely receipt at DOT. 

FOR FURTHER INFORMATION CONTACT: 

Cameron Satterthwaite by telephone at 

202–366–1319, by fax at 202–366–4566, 

or by mail at U.S. DOT, PHMSA, 1200 

New Jersey Avenue, SE., PHP–30, 

Washington, DC 20590–0001. 

SUPPLEMENTARY INFORMATION: Section 

1320.8(d), Title 5, Code of Federal 

Regulations requires PHMSA to provide 

interested members of the public and 

affected agencies an opportunity to 

comment on information collection and 

recordkeeping requests. This notice 

identifies an information collection 

request that PHMSA will be submitting 

to OMB for renewal and extension. The 

information collection expires February 

28, 2011, and is identified under 

Control No. 2137–0578, titled: 

‘‘Reporting Safety-Related Conditions on 

Gas, Hazardous Liquid, and Carbon 

Dioxide Pipelines and Liquefied Natural 

Gas Facilities.’’ The Pipeline Safety 

Laws (49 U.S.C. 60132) require each 

operator of a pipeline facility (except 

master meter operators) to submit to 

DOT a written report on any safetyrelated condition that causes or has 

caused a significant change or 

restriction in the operation of a pipeline 

facility or a condition that is a hazard 

to life, property or the environment. The 

following information is provided for 

this information collection: (1) Title of 

the information collection; (2) OMB 

control number; (3) Type of request; (4) 

Abstract of the information collection 

activity; (5) Description of affected 

public; (6) Estimate of total annual 

reporting and recordkeeping burden; 

and (7) Frequency of collection. PHMSA 

will request a three-year term of 

approval for this information collection 

activity. 

PHMSA requests comments on the 

following information collection: 

Title: Reporting Safety-Related 

Conditions on Gas, Hazardous Liquid, 

and Carbon Dioxide Pipelines and 

Liquefied Natural Gas Facilities. 

OMB Control Number: 2137–0578. 

Type of Request: Renewal of a 

currently approved information 

collection. 

Abstract: Each operator of a pipeline 

facility (except master meter operators) 

must submit to DOT a written report on 

any safety-related condition that causes 

or has caused a significant change or 

restriction in the operation of a pipeline 

facility or a condition that is a hazard 

to life, property or the environment. 

Affected Public: Operators of pipeline 

facilities (except master meter 

operators). 

Estimated number of responses: 142. 

Estimated annual burden hours: 852 

hours. 

Frequency of collection: On occasion. 

Comments are invited on: 

(a) The need for the proposed 

collection of information for the proper 

performance of the functions of the 

agency, including whether the 

information will have practical utility; 

(b) The accuracy of the agency’s 

estimate of the burden of the proposed 

collection of information, including the 

validity of the methodology and 

assumptions used; 

(c) Ways to enhance the quality, 

utility, and clarity of the information to 

be collected; and 

(d) Ways to minimize the burden of 

the collection of information on those 

who are to respond, including the use 

of appropriate automated, electronic, 

mechanical, or other technological 

collection techniques. 

Issued in Washington, DC on November 23, 

2010. 

Linda Daugherty, 

Deputy Associate Administrator for Policy 

and Programs. 

[FR Doc. 2010–29960 Filed 11–26–10; 8:45 am] 

BILLING CODE 4910–60–P 

DEPARTMENT OF TRANSPORTATION 

Surface Transportation Board 

[Docket No. AB 384 (Sub–No. 2X)] 

Delta Southern Railroad, Inc.— 

Abandonment Exemption—In East 

Carroll Parish, LA 

Delta Southern Railroad, Inc. (DSR) 

filed a verified notice of exemption 

under 49 CFR pt. 1152 subpart F– 

Exempt Abandonments to abandon 8 

miles of rail line extending from 

milepost 463.0, near Shelburn, to 

milepost 471.0, which is approximately 

a mile south of Lake Providence, in East 

Carroll Parish, La.1 The line traverses 

United States Postal Service Zip Code 

71254. 

DSR has certified that: (1) No local 

traffic has moved over the line for at 

least 2 years; (2) there is no overhead 

traffic on the line to be rerouted; (3) no 

formal complaint filed by a user of rail 

service on the line (or by a State or local 

government entity acting on behalf of 

such user) regarding cessation of service 

over the line either is pending with the 

Surface Transportation Board (Board) or 

mstockstill on DSKH9S0YB1PROD with NOTICES