Federal Register / Vol. 62, No. 166 / Wednesday, August 27, 1997 / Notices 45475

‘‘National Traffic and Motor Vehicle

Safety’’ on the basis that the

noncompliance is inconsequential to

motor vehicle safety.

Notice of receipt of the application

was published, with a 30-day comment

period, on April 22, 1997, in the Federal

Register (62 FR 19651). This notice

grants the application.

In FMVSS No. 119, paragraph S6.5(d)

specifies that tires be marked on each

sidewall with the maximum load rating

and corresponding inflation pressure of

the tire, and paragraph S6.5(j) specifies

that each tire be marked with the letter

designating the tire load range.

During the forty-seventh and fortyeighth production weeks of 1996,

Cooper manufactured 553 tires with the

incorrect load and inflation label on the

serial side. The tires were the Dean

Wildcat Radial (LT 235/85R16, tubeless,

outline white letters, and 10 ply rating).

The incorrect label reads ‘‘Load Range D

Max at 65 PSI.’’ The correct information

should have been ‘‘Load Range E Max

at 80 PSI.’’

Cooper supported its application for

inconsequential noncompliance with

the following information:

The mislabeling on each tire does not

present a safety-related defect. The involved

tires are designed to carry a heavier load

(load range E at 80 PSI) than the incorrect

labeling specified (load range D at 65 PSI).

Consequently, any misapplication of the tire

would be for the user to carry a lighter load

than the maximum load for which the tires

are designed.

The involved tires have the correct load

and inflation information on the non-serial

side which is the side with the outline white

letters. In addition, each tire had a paper

tread label affixed to it reflecting the correct

load information.

The involved tires produced from this

mold during the production periods comply

with all other requirements of 49 CFR 571.

The incorrect load range and inflation

information is within the design parameters

of the tire and would not result in any

overloading or overinflation of the involved

tires.

The forty-eight (48) tires remaining in

Cooper’s inventory will be re-stamped with

the correct load and inflation information.

NHTSA received no comments on this

application during the 30-day comment

period.

The primary safety purpose of

requiring the load range label on a

motor vehicle tire is to ensure that the

end-users can select a tire appropriate

for their vehicles. The absence of the

vehicle label specifying the tire range

load would likely result in an improper

tire selection by the tire dealer or

vehicle owner. In this case, Cooper

understated the load carrying capability

of the tire. Similarly, the labeled

maximum inflation pressure of 65 PSI is

lower than the tire’s designed maximum

inflation pressure of 80 PSI. Cooper, in

effect, produced a better tire than the

label would indicate to the end-user.

The agency agrees with Cooper’s

rationale that a vehicle equipped with

the subject tires and loaded per the

incorrect maximum load rating would

not cause an unsafe condition, because

the end-user would carry a lighter load

than the load for which the tires are

designed.

In consideration of the foregoing,

NHTSA has decided that the applicant

has met its burden of persuasion that

the noncompliance it describes is

inconsequential to safety. Accordingly,

its application is granted, and the

applicant is exempted from providing

the notification of the noncompliance

that is required by 49 U.S.C. 30118, and

from remedying the noncompliance, as

required by 49 U.S.C. 30120.

(49 U.S.C. 30118, delegations of authority at

49 CFR 1.50 and 501.8)

Issued on: August 21, 1997.

L. Robert Shelton,

Associate Administrator for Safety

Performance Standards.

[FR Doc. 97–22796 Filed 8–26–97; 8:45 am]

BILLING CODE 4910–59–U

DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

Release of Waybill Data

The Surface Transportation Board has

received a request from Hogan &

Hartson on behalf of Canadian Pacific

Railway (WB471–2—7/7/97), for

permission to use certain data from the

Board’s Carload Waybill Samples. A

copy of the request may be obtained

from the Office of Economics,

Environmental Analysis, and

Administration.

The waybill sample contains

confidential railroad and shipper data;

therefore, if any parties object to these

requests, they should file their

objections with the Director of the

Board’s Office of Economics,

Environmental Analysis, and

Administration within 14 calendar days

of the date of this notice. The rules for

release of waybill data are codified at 49

CFR 1244.8.

Contact: James A. Nash, (202) 565–1542.

Vernon A. Williams,

Secretary.

[FR Doc. 97–22811 Filed 8–26–97; 8:45 am]

BILLING CODE 4915–00–P

DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Finance Docket No. 33441]

Paducah & Louisville Railway—

Trackage Rights Exemption—CSX

Transportation, Inc.

CSX Transportation, Inc. (CSXT) has

agreed to grant overhead trackage rights

to Paducah & Louisville Railway (P&L)

between the P&L/CSXT connection at

Madisonville, KY, at or near milepost

OOH 275, and the Diamond J Mine

located on CSXT’s Morganfield Branch,

at or near milepost MB 294.1, including

access to the Western Kentucky Railroad

connection at Providence, KY, at or near

milepost MB–291.8, for a total distance

of approximately 18.8 miles in Hopkins

and Webster Counties, KY.

The transaction is scheduled to be

consummated on August 25, 1997.

The purpose of the trackage rights is

to allow P&L to handle movements of

coal from the Diamond J Mine and from

the Pyro, Kentucky Mine to the BRT

Terminal, at Jessup, KY, for blending

and for barge movement beyond to the

Tennessee Valley Authority water

destinations, and to handle empties via

the reverse route under contract PAL–

C–0764.

As a condition to this exemption, any

employees affected by the trackage

rights will be protected by the

conditions imposed in Norfolk and

Western Ry. Co.—Trackage Rights—BN,

354 I.C.C. 605 (1978), as modified in

Mendocino Coast Ry., Inc.—Lease and

Operate, 360 I.C.C. 653 (1980).

This notice is filed under 49 CFR

1180.2(d)(7). If it 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. 33441, must be filed with

the Surface Transportation Board, Office

of the Secretary, Case Control Unit, 1925

K Street, NW., Washington, DC 20423–

0001. In addition, a copy of each

pleading must be served on (1) J.

Thomas Garrett, Esq., Paducah &

Louisville Railway, 1500 Kentucky

Avenue, Paducah, KY 42003, and (2)

Fred R. Birkholz, Esq., CSX

Transportation, Inc., 500 Water Street,

J–150, Jacksonville, FL 32202.

Decided: August 20, 1997.