4396 Federal Register / Vol. 71, No. 17 / Thursday, January 26, 2006 / Notices 

Comments Invited 

Interested persons are invited to 

comment on the proposed TSO listed in 

this notice by submitting such written 

data, views, or arguments as they desire 

to the above specified address. 

Comments received on the proposed 

TSO may be examined, before and after 

the comment closing date, in Room 815, 

FAA Headquarters Building, 800 

Independence Avenue, SW., 

Washington, DC 20591, weekdays 

except Federal holidays, between 8:30 

a.m. and 4:30 p.m. All communications 

received on or before the closing date 

will be considered by the Director of the 

Aircraft Certification Service before 

issuing the final TSO. 

Background 

The National Transportation Safety 

Board (NTSB) determined the probable 

cause of a recent aircraft accident to be 

pilot error, stating that the events that 

led to the accident were difficult for 

investigators to determine because of 

limited data. As a result of the limited 

data available to provide a more 

definitive cause of the accident, the 

NTSB recommended among other 

things, that the Federal Aviation 

Administration incorporate the 

European Organization for Civil 

Aviation Equipment’s proposed 

standards for a crash-protective video 

recording system into a TSO. We 

concurred with the NTSB’s 

recommendation, by offering proposed 

TSO–C176 for a crash-protective video 

recording system. 

How to Obtain Copies 

You may get a copy of the proposed 

TSO–C26d from the Internet at: http:// 

www.faa.gov/aircraft/draft_docs/. See 

section entitled FOR FURTHER

INFORMATION CONTACT for the complete 

address if requesting a copy by mail. 

Copies of SAE ARP5381 may be 

purchased from the Society of 

Automotive Engineers, Inc., Department 

331, 400 Commonwealth Drive, 

Warrendale, PA 15096–0001. Copies can 

also be obtained through the SAE 

Internet Web site at http://www.sae.org. 

Issued in Washington, DC, on January 20, 

2006. 

Susan J.M. Cabler, 

Assistant Manager, Aircraft Engineering 

Division, Aircraft Certification Service. 

[FR Doc. 06–723 Filed 1–25–06; 8:45 am] 

BILLING CODE 4910–13–M 

DEPARTMENT OF TRANSPORTATION 

National Highway Traffic Safety 

Administration 

[Docket No. NHTSA 2005–23171; Notice 2] 

Bridgestone Firestone North America 

Tire, LLC, Grant of Petition for 

Decision of Inconsequential 

Noncompliance 

Bridgestone Firestone North America 

Tire, LLC (Bridgestone Firestone) has 

determined that certain tires that it 

produced in 2005 do not comply with 

S4.3.2 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), 

Bridgestone Firestone 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 a petition 

was published, with a 30-day comment 

period, on December 9, 2005 in the 

Federal Register (70 FR 73323). NHTSA 

received no comments. 

Affected are a total of approximately 

50 P205/70R15 Le Mans Champion SE 

tires produced in 2005. S4.3.2 of 

FMVSS No. 109 refers to 49 CFR Part 

575.4, section (d) of which requires that 

the sidewall stamping include the date 

of manufacture. The noncompliant tires 

are stamped HYMOLCM, while the 

correct stamping including the date of 

manufacture should be 

HYMOLCM2705. 

Bridgestone Firestone believes that 

the noncompliance is inconsequential to 

motor vehicle safety and that no 

corrective action is warranted. 

Bridgestone Firestone states that ‘‘[t]he 

noncompliant tires meet or exceed all 

performance requirements of FMVSS 

No. 109 and will have no impact on the 

operational performance or safety of 

vehicles on which these tires are 

mounted.’’ The petitioner further states, 

The week and year of [the] production 

portion of the Tire Identification Number 

(TIN) becomes important in the event of a 

safety campaign so that the consumer may 

properly identify the recalled tire(s). For this 

mislabeling, any safety campaign 

communication, if necessary, could include 

in the listing of recalled TINs and (sic) the 

TIN for these tires with the missing or blank 

date of production so that the consumer 

would know that these mislabeled tires are 

included in the recall. 

NHTSA agrees with Bridgestone 

Firestone that the noncompliance is 

inconsequential to motor vehicle safety. 

As Bridgestone Firestone points out, a 

consumer notification of a recall of the 

tires could be accomplished by referring 

to the TIN. Bridgestone Firestone 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, Bridgestone Firestone’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: January 20, 2006. 

Daniel C. Smith, 

Associate Administrator for Enforcement. 

[FR Doc. E6–958 Filed 1–25–06; 8:45 am] 

BILLING CODE 4910–59–P 

DEPARTMENT OF TRANSPORTATION 

National Highway Traffic Safety 

Administration 

[Docket No. NHTSA 2005–23169; Notice 2] 

Cooper Tire & Rubber Company, Grant 

of Petition for Decision of 

Inconsequential Noncompliance 

Cooper Tire & Rubber Company 

(Cooper) has determined that certain 

tires that it produced in 2005 do not 

comply with S4.3(a) of 49 CFR 571.109, 

Federal Motor Vehicle Safety Standard 

(FMVSS) No. 109, ‘‘New Pneumatic 

Tires’’ and with 49 CFR Part 574.5, 

‘‘Tire Identification Requirements.’’

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

30120(h), Cooper 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 a petition was 

published, with a 30-day comment 

period, on December 9, 2005 in the 

Federal Register (70 FR 73324). NHTSA 

received no comments. 

Affected are a total of approximately 

668 size 235/70R15 tires produced 

during the period January 9, 2005 

through June 18, 2005. S4.3(a) and Part 

574.5(b) require a tire identification 

number (TIN) on the tire which includes 

a size designation. The noncompliant 

tires were molded with the letters ‘‘4E’’

as the size designation. The correct 

stamping should have been ‘‘TY.’’

Cooper believes that the 

noncompliance is inconsequential to 

motor vehicle safety and that no 

corrective action is warranted. Cooper 

states that the purpose of the TIN is to 


rwilkins on PROD1PC63 with NOTICES
Federal Register / Vol. 71, No. 17 / Thursday, January 26, 2006 / Notices 4397 

1The Board will grant a stay if an informed 

decision on environmental issues (whether raised 

by a party or by the Board’s Section of 

Environmental Analysis (SEA) in its independent 

investigation) cannot be made before the 

exemption’s effective date. See Exemption of Outof-Service Rail Lines, 5 I.C.C.2d 377 (1989). Any 

request for a stay should be filed as soon as possible 

so that the Board may take appropriate action before 

the exemption’s effective date. 

2Each OFA must be accompanied by the filing 

fee, which is currently set at $1,200. See 49 CFR 

1002.2(f)(25). 

facilitate notifying consumers in the 

event of a recall. Cooper says that if it 

was required to notify purchasers, ‘‘the 

subject tires could be easily 

identified.’’Cooper points out that the 

correct tire size is stamped on the 

sidewall, and the tires meet all other 

requirements of FMVSS No. 109 and 49 

CFR 574.5. 

NHTSA agrees with Cooper that the 

noncompliance is inconsequential to 

motor vehicle safety. As Cooper points 

out, the tires do not have sidewall 

markings which provide the correct size 

for the user of this information. In 

addition, the incorrect marking does not 

affect the ability to identify the tires in 

the event of recall. Cooper 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, Cooper’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 January 20, 2006. 

Daniel C. Smith, 

Associate Administrator for Enforcement. 

[FR Doc. 06–731 Filed 1–25–06; 8:45 am] 

BILLING CODE 4910–59–M 

DEPARTMENT OF TRANSPORTATION 

National Highway Traffic Safety 

Administration 

[Docket No. NHTSA 2005–23168; Notice 2] 

Cooper Tire & Rubber Company, Grant 

of Petition for Decision of 

Inconsequential Noncompliance 

Cooper Tire & Rubber Company 

(Cooper) has determined that certain 

tires that it produced in 2005 do not 

comply with S4.3(a) of 49 CFR 571.109, 

Federal Motor Vehicle Safety Standard 

(FMVSS) No. 109, ‘‘New pneumatic 

tires’’ and with 49 CFR 574.5, ‘‘Tire 

Identification Requirements.’’ Pursuant 

to 49 U.S.C. 30118(d) and 30120(h), 

Cooper 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 a petition was 

published, with a 30-day comment 

period, on December 9, 2005 in the 

Federal Register (70 FR 73324). NHTSA 

received no comments. 

Affected are a total of approximately 

488 size 225/70R15 tires produced 

during the period January 30, 2005 

through April 16, 2005. S4.3(a) and Part 

574.5(b) require a tire identification 

number (TIN) on the tire which includes 

a size designation. The noncompliant 

tires were molded with the letters ‘‘X5’’

as the size designation. The correct 

stamping should have been ‘‘35.’’

Cooper believes that the 

noncompliance is inconsequential to 

motor vehicle safety and that no 

corrective action is warranted. Cooper 

states that the purpose of the tire 

identification number is to facilitate 

notifying consumers in the event of a 

recall. Cooper says that if it was 

required to notify purchasers, ‘‘the 

subject tires could be easily identified.’’

Cooper points out that the correct tire 

size appears elsewhere on the tire, 

including twice on each sidewall, and 

the tires meet all other requirements of 

FMVSS No. 109 and 49 CFR 574.5. 

NHTSA agrees with Cooper that the 

noncompliance is inconsequential to 

motor vehicle safety. As Cooper points 

out, the tires do have sidewall markings 

which provide the correct size for the 

user of this information. In addition, the 

incorrect marking does not affect the 

ability to identify the tires in the event 

of recall. Cooper 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, Cooper’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: January 20, 2006. 

Daniel C. Smith, 

Associate Administrator for Enforcement. 

[FR Doc. E6–959 Filed 1–25–06; 8:45 am] 

BILLING CODE 4910–59–P 

DEPARTMENT OF TRANSPORTATION 

Surface Transportation Board 

[STB Docket No. AB–6 (Sub-No. 432X)] 

BNSF Railway Company—

Abandonment Exemption—in Walsh 

County, ND 

BNSF Railway Company (BNSF) has 

filed a notice of exemption under 49 

CFR part 1152 subpart F—Exempt 

Abandonments to abandon a 7.12-mile 

line of railroad between milepost 144.21 

at Grafton, and milepost 137.09, near 

Voss, in Walsh County, ND. The line 

traverses United States Postal Service 

Zip Codes 58237 and 58261. 

BNSF 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 that would have 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 or with any U.S. 

District Court or has been decided in 

favor of complainant within the 2-year 

period; and (4) the requirements at 49 

CFR 1105.7 (environmental reports), 49 

CFR 1105.8 (historic reports), 49 CFR 

1105.11 (transmittal letter), 49 CFR 

1105.12 (newspaper publication), and 

49 CFR 1152.50(d)(1) (notice to 

governmental agencies) have been met. 

As a condition to this exemption, any 

employee adversely affected by the 

abandonment shall be protected under 

Oregon Short Line R. Co.—

Abandonment—Goshen, 360 I.C.C. 91 

(1979). To address whether this 

condition adequately protects affected 

employees, a petition for partial 

revocation under 49 U.S.C. 10502(d) 

must be filed. 

Provided no formal expression of 

intent to file an offer of financial 

assistance (OFA) has been received, this 

exemption will be effective on February 

25, 2006, unless stayed pending 

reconsideration. Petitions to stay that do 

not involve environmental issues,1

formal expressions of intent to file an 

OFA under 49 CFR 1152.27(c)(2),2 and 

trail use/rail banking requests under 49 

CFR 1152.29 must be filed by February 

3, 2006. Petitions to reopen or requests 

for public use conditions under 49 CFR 

1152.28 must be filed by February 15, 

2006, with the Surface Transportation 

Board, 1925 K Street, NW., Washington, 

DC 20423–0001. 

A copy of any petition filed with the 

Board should be sent to BNSF’s 

representative: Sidney L. Strickland, Jr., 


rwilkins on PROD1PC63 with NOTICES