Federal Register / Vol. 71, No. 246 / Friday, December 22, 2006 / Notices 77093 

1See T&R Yearbook for 2006, pages 3–16, Radial 

Ply tires for Trucks, Busses and Trailers Used in 

Normal Highway Service, Table TTB–3R. 

load rating and corresponding inflation 

pressure of the tire * * *.’’ The 

sidewall labeling on the subject tires 

incorrectly states the maximum dual 

load carrying capacity. They are 

incorrectly marked ‘‘Max load dual 3075 

kg (6780 lbs) at 830 kPa (120 psi).’’ They 

should have been marked ‘‘Max load 

dual 3000 kg (6610 lbs) at 830 kPa (120 

psi).’’ The tires are correctly marked for 

the maximum single load carrying 

capacity. Michelin has corrected the 

problem that caused these errors so that 

they will not be repeated in future 

production. 

Michelin believes that the 

noncompliance is inconsequential to 

motor vehicle safety and that no 

corrective action is warranted. Michelin 

states, 

When both single and dual loads are marked 

on the tire (as is the case here), FMVSS No. 

119 requires that performance compliance 

testing be done based on the single (higher, 

more punishing) tire load. Therefore, an 

incorrect maximum dual load marking is 

inconsequential and [the] tire meets all 

FMVSS No. 119 minimum performance 

requirements. 

Michelin cites NHTSA’s grant of a 

previous inconsequential 

noncompliance petition it submitted for 

a similar maximum dual load 

noncompliance (69 FR 62512; October 

26, 2004; Docket No. NHTSA–2004–

18973, Notice 2), where NHTSA stated, 

The agency also agrees that safety will not be 

compromised for the tires marked with the 

incorrect ‘‘max load dual’’ since the more 

severe ‘‘max load single’’ load is marked 

correctly. In addition, these tires meet or 

exceed all of the performance requirements 

of FMVSS No. 119, and all other 

informational markings as required by 

FMVSS No. 119 are present. 

Michelin says that the tires meet or 

exceed all other FMVSS No. 119 

requirements. 

The agency agrees with Michelin that 

the noncompliance is inconsequential to 

safety. As Michelin points out, when 

both single and dual loads are marked 

on the tire, as is the case here, FMVSS 

No. 119 requires that performance 

compliance testing be done based on the 

single higher and more severe tire load, 

which is correctly labeled. 

Industry standardizes its tire sizes in 

the various yearly standards 

publications. Due to the demanding 

environment in which a dual tire is 

used, industry imposes a safety factor 

for load whenever a tire is used in a 

dual application. The safety factor may 

vary within a small range from tire to 

tire, and the values are published in one 

of the standard publications allowed in 

FMVSS No. 119. In this case, Michelin 

apparently used the Tire & Rim 

Association (T&R) Yearbook for 2006, 

which states that for the 11R24.5 radial 

truck tire, the max rated load and 

pressure values are as follows: Max 

single load 3250 kg (7160 lbs) @ 830 kPa 

(120 psi); Max dual load 3000 kg (6610 

lbs) @ 830 kPa (120 psi). The safety 

factor here is 92.3%. 

The subject noncompliant tires were 

mismarked with a dual load of 3075 kg 

(6780 lbs) @ 830 kPa (120 psi). The 

safety factor for the mismarked tire is 

therefore reduced to 94.7%. (The safety 

factor as used here is the ratio between 

the max rated dual load and the max 

rated single load expressed as a 

percentage. An increase in this 

percentage indicates a reduction in the 

margin of safety. In this case, the 

mismarked tires can be loaded to 94.7% 

of the single load instead of the 

intended dual load of 92.3% of the 

single load.) 

A review of the T&R Yearbook for 

2006 for this and similar sized and load 

rated radial truck tires reveals that the 

safety factors vary from 90.8% to 

94.9%.1 Since the Michelin mismarking 

keeps the safety factor within the range 

established for similar radial truck tires, 

the noncompliance has minimal safety 

impact even if the consumer loads the 

vehicle according to the mismarked tire 

labeling. 

In addition, the tires are certified to 

meet all of the other performance and 

labeling requirements of FMVSS No. 

119. 

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, Michelin’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: December 18, 2006. 

Daniel C. Smith, 

Associate Administrator for Enforcement. 

[FR Doc. E6–21989 Filed 12–21–06; 8:45 am] 

BILLING CODE 4910–59–P 

DEPARTMENT OF TRANSPORTATION 

Pipeline and Hazardous Materials 

Safety Administration 

[Docket: PHMSA–99–6355] 

Request for Public Comments and 

Office of Management and Budget 

(OMB) Approval of an Existing 

Information Collection (2137–0604) 

AGENCY: Pipeline and Hazardous 

Materials Safety Administration 

(PHMSA), DOT. 

SUMMARY: This notice requests public 

participation in the Office of 

Management and Budget (OMB) 

approval process for the renewal of an 

existing PHMSA information collection. 

In compliance with the Paperwork 

Reduction Act of 1995, this notice 

announces that the Information 

Collection Request (ICR) described 

below has been forwarded to OMB for 

extension of the currently approved 

collection. The ICR describes the nature 

of the information collection and the 

expected burden. This renewal of 

information complies with the integrity 

management rule for hazardous liquid 

pipelines for operators with more than 

500 miles of pipeline. PHMSA 

published a Federal Register Notice 

soliciting comments on the following 

information collection and received 

none. The purpose of this notice is to 

allow the public an additional 30 days 

from the date of this notice to submit 

comments. 

DATES: Comments must be submitted on 

or before January 22, 2007. 

ADDRESSES: Send comments to the 

Office of Information and Regulatory 

Affairs, Office of Management and 

Budget, 725—17th Street, NW., 

Washington, DC 20503, Attention DOT 

Desk Officer. 

FOR FURTHER INFORMATION CONTACT: 

William Fuentevilla at (202) 366–6199, 

or by e-mail at 

William.Fuentevilla@dot.gov. 

SUPPLEMENTARY INFORMATION: Comments 

are invited on whether the proposed 

collection of information is necessary 

for the proper performance of the 

functions of the Department. These 

include (1) whether the information will 

have practical utility; (2) the accuracy of 

the Department’s estimate of the burden 

of the proposed information collections; 

(3) ways to enhance the quality, utility, 

and clarity of the information to be 

collected; and (4) ways to minimize the 

burden of the collection of information 

on respondents, including the use of 

automated collection techniques or 

other forms of information technology. 


jlentini on PROD1PC65 with NOTICES
77094 Federal Register / Vol. 71, No. 246 / Friday, December 22, 2006 / Notices 

1The line does not have any mileposts. 

PHMSA published a Federal Register 

Notice with a 60-day comment period 

for this ICR on June 16, 2006 (71 FR 

34995), and received no comments. 

Through the Integrity Management 

Program (49 CFR 195.452), PHMSA 

requires operators to develop and follow 

integrity management programs to 

assess, evaluate, repair, and validate 

pipeline segments that could impact 

high consequence areas in the event of 

leak or failure. The programs must 

provide for continual assessment of 

pipeline segments that could affect 

populated areas, areas unusually 

sensitive to environmental damage and 

commercially navigable waterways. 

Pipeline operators must keep updated 

written records associated with their 

programs and have them available for 

inspection, and submit relevant notices 

to PHMSA as specified by the 

regulation. 

As used in this notice, the term 

‘‘information collection’’ includes all 

work related to preparing and 

disseminating information related to 

this recordkeeping requirement 

including completing paperwork, 

gathering information, and conducting 

telephone calls. 

Type of Information Collection 

Request: Renewal of Existing Collection. 

Title of Information Collection: 

Pipeline Integrity Management in High 

Consequence Areas (Operators with 

more than 500 Miles of Hazardous 

Liquid Pipelines). 

Respondents: 71 hazardous liquid 

pipeline operators with more than 500 

miles of pipes. 

Estimated Total Annual Burden on 

Respondents: 57,510 hours. 

Issued in Washington, DC on December 18, 

2006. 

Florence L. Hamn, 

Director of Regulations for Pipeline Safety. 

[FR Doc. 06–9814 Filed 12–18–06; 2:57 pm] 

BILLING CODE 4910–60–P 

DEPARTMENT OF TRANSPORTATION 

Surface Transportation Board 

[STB Ex Parte No. 290 (Sub-No. 5) (2007–

1)] 

Quarterly Rail Cost Adjustment Factor 

AGENCY: Surface Transportation Board, 

DOT. 

ACTION: Approval of rail cost adjustment 

factor. 

SUMMARY: The Board has approved the 

first quarter 2007 rail cost adjustment 

factor (RCAF) and cost index filed by 

the Association of American Railroads. 

The first quarter 2007 RCAF 

(Unadjusted) is 1.208. The first quarter 

2007 RCAF (Adjusted) is 0.568. The first 

quarter 2007 RCAF–5 is 0.540. 

DATES: Effective Date: January 1, 2007. 

FOR FURTHER INFORMATION CONTACT: Mac 

Frampton, (202) 565–1541. [Federal 

Information Relay Service (FIRS) for the 

hearing impaired: 1–800–877–8339.] 

SUPPLEMENTARY INFORMATION: 

Additional information is contained in 

the Board’s decision, which is available 

on our Web site http://www.stb.dot.gov. 

To purchase a copy of the full decision, 

write to, e-mail or call the Board’s 

contractor, ASAP Document Solutions; 

9332 Annapolis Rd., Suite 103, Lanham, 

MD 20706; e-mail asapdc@verizon.net; 

phone (202) 306–4004. [Assistance for 

the hearing impaired is available 

through FIRS: 1–800–877–8339.] 

This action will not significantly 

affect either the quality of the human 

environment or energy conservation. 

Pursuant to 5 U.S.C. 605(b), we 

conclude that our action will not have 

a significant economic impact on a 

substantial number of small entities 

within the meaning of the Regulatory 

Flexibility Act. 

Decided: December 15, 2006. 

By the Board, Chairman Nottingham, Vice 

Chairman Mulvey, and Commissioner 

Buttrey. 

Vernon A. Williams, 

Secretary. 

[FR Doc. E6–21947 Filed 12–21–06; 8:45 am] 

BILLING CODE 4915–01–P 

DEPARTMENT OF TRANSPORTATION 

Surface Transportation Board 

[STB Finance Docket No. 34968] 

Chicago Terminal Railroad—

Acquisition and Operation 

Exemption—Soo Line Railroad 

Company d/b/a Canadian Pacific 

Railway 

Chicago Terminal Railroad (CTR), a 

noncarrier, has filed a verified notice of 

exemption under 49 CFR 1150.31 to 

acquire and operate a line of railroad 

known as the C&E Line currently owned 

by the Soo Line Railroad Company d/b/ 

a Canadian Pacific Railway, which 

consists of approximately 4.5 miles of 

rail line located in Chicago, Cook 

County, IL.1 Iowa Pacific Holdings LLC 

(IPH) will own CTR through its wholly 

owned subsidiary Permian Basin 

Railways Inc. 

The transaction is related to STB 

Finance Docket No. 34967, Iowa Pacific 

Holdings LLC and Permian Basin 

Railways, Inc.—Continuance in Control 

Exemption—Chicago Terminal 

Railroad, wherein IPH and Permian 

have concurrently filed a verified notice 

of exemption to continue in control of 

CTR upon its becoming a Class III rail 

carrier. 

CTR certifies that the projected 

annual revenues as a result of this 

transaction will not result in the 

creation of a Class II or Class I rail 

carrier, and further certifies that its 

projected annual revenues will not 

exceed $5 million. The transaction is 

scheduled to be consummated on or 

after December 21, 2006. 

If the notice contains false or 

misleading information, the exemption 

is void ab initio. Petitions to revoke the 

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

may be filed at any time. The filing of 

a petition to revoke will not 

automatically stay the transaction. 

An original and 10 copies of all 

pleadings, referring to STB Finance 

Docket No. 34968, must be filed with 

the Surface Transportation Board, 1925 

K Street, NW., Washington, DC 20423–

0001. In addition, one copy of each 

pleading must be served on John D. 

Heffner, 1920 N Street, NW., Suite 800, 

Washington, DC 20036. 

Board decisions and notices are 

available on our Web site at http:// 

www.stb.dot.gov. 

Decided: December 14, 2006. 

By the Board, David M. Konschnik, 

Director, Office of Proceedings. 

Vernon A. Williams, 

Secretary. 

[FR Doc. E6–21898 Filed 12–21–06; 8:45 am] 

BILLING CODE 4915–01–P 

DEPARTMENT OF TRANSPORTATION 

Surface Transportation Board 

[STB Finance Docket No. 34942] 

Iowa Interstate Railroad, Ltd.—

Acquisition of Control Exemption—

Lincoln & Southern Railroad Company 

AGENCY: Surface Transportation Board, 

DOT. 

ACTION: Notice of exemption. 

SUMMARY: Under 49 U.S.C. 10502, the 

Board is granting a petition for 

exemption from the prior approval 

requirements of 49 U.S.C. 11323 et seq., 

for Iowa Interstate Railroad, Ltd., a Class 

II carrier, to acquire control by stock 

purchase of Lincoln & Southern 

Railroad Company, a Class III carrier. 

DATES: This exemption will be effective 

on December 30, 2006. Petitions to stay 

must be filed by December 26, 2006. 


jlentini on PROD1PC65 with NOTICES