36668 Federal Register / Vol. 83, No. 146 / Monday, July 30, 2018 / Notices 

the following locations: Operations on 

the Conemaugh Line, Pittsburg Division, 

from control point (CP) Kiski at 

milepost (MP)–LC 47.8 near Freeport, 

PA to CP Pennnear near Pittsburgh, PA 

at MP–LC 77.9, with an absolute block 

to be established in advance of each 

non-equipped movement and covering 

the following operations: 

(a) Work Trains, Wreck Trains and 

Ballast cleaners to and from work. 

(b) Engines and rail diesel cars 

moving to and from shops. 

(c) Engines used in switching and 

transfer service, with or without cars, 

operating at Restricted Speed not 

exceeding 15 miles per hour. 

NS provides the following 

justification for relief. First, NS states 

that ‘‘relief is in the public interest,’’ 

and is ‘‘important to maintaining 

efficient rail operations in the region.’’ 

Second, NS explains exemptions have 

been granted for the ‘‘operation of nonequipped locomotives in cab signal 

system territory at nearby locations on 

the NS and the relief requested’’ is a 

‘‘consistent extension of those currently 

granted exceptions.’’ Moreover, NS 

states this waiver would update relief 

previously granted regarding Ex Parte 

No. 171 by the Interstate Commerce 

Commission at 286 I. C. C. 709. Finally, 

NS contends ‘‘the requested relief will 

not have a negative material impact on 

safety.’’ 

A copy of the petition, as well as any 

written communications concerning the 

petition, is available for review online at 

www.regulations.gov and in person at 

the U.S. Department of Transportation’s 

Docket Operations Facility, 1200 New 

Jersey Avenue SE, W12–140, 

Washington, DC 20590. The Docket 

Operations Facility is open from 9 a.m. 

to 5 p.m., Monday through Friday, 

except Federal Holidays. 

Interested parties are invited to 

participate in these proceedings by 

submitting written views, data, or 

comments. FRA does not anticipate 

scheduling a public hearing in 

connection with these proceedings since 

the facts do not appear to warrant a 

hearing. If any interested party desires 

an opportunity for oral comment, they 

should notify FRA, in writing, before 

the end of the comment period and 

specify the basis for their request. 

All communications concerning these 

proceedings should identify the 

appropriate docket number and may be 

submitted by any of the following 

methods: 

• Website: http://

www.regulations.gov. Follow the online 

instructions for submitting comments. 

• Fax: 202–493–2251. 

• Mail: Docket Operations Facility, 

U.S. Department of Transportation, 1200 

New Jersey Avenue SE, W12–140, 

Washington, DC 20590. 

•Hand Delivery: 1200 New Jersey 

Avenue SE, Room W12–140, 

Washington, DC 20590, between 9 a.m. 

and 5 p.m., Monday through Friday, 

except Federal Holidays. 

Communications received by 

September 13, 2018 will be considered 

by FRA before final action is taken. 

Comments received after that date will 

be considered if practicable. 

Anyone can search the electronic 

form of any written communications 

and comments received into any of our 

dockets by the name of the individual 

submitting the comment (or signing the 

document, if submitted on behalf of an 

association, business, labor union, etc.). 

In accordance with 5 U.S.C. 553(c), DOT 

solicits comments from the public to 

better inform its processes. DOT posts 

these comments, without edit, including 

any personal information the 

commenter provides, to 

www.regulations.gov, as described in 

the system of records notice (DOT/ALL– 

14 FDMS), which can be reviewed at 

www.dotransportation.gov/privacy. See 

also http://www.regulations.gov/ 

#!privacyNotice for the privacy notice of 

regulations.gov. 

Robert C. Lauby, 

Associate Administrator for Safety, Chief 

Safety Officer. 

[FR Doc. 2018–16212 Filed 7–27–18; 8:45 am] 

BILLING CODE 4910–06–P 

DEPARTMENT OF TRANSPORTATION 

National Highway Traffic Safety 

Administration 

[Docket No. NHTSA–2017–0040; Notice 2] 

Continental Tire the Americas, LLC, 

Grant of Petition for Decision of 

Inconsequential Noncompliance 

AGENCY: National Highway Traffic 

Safety Administration (NHTSA), 

Department of Transportation (DOT). 

ACTION: Grant of petition. 

SUMMARY: Continental Tire the 

Americas, LLC (CTA), has determined 

that certain Continental brand tires do 

not fully comply with Federal Motor 

Vehicle Safety Standard (FMVSS) No. 

139, New Pneumatic Radial Tires for 

Light Vehicles. CTA filed a 

noncompliance report dated March 31, 

2017, and later revised it on February 

23, 2018. CTA also petitioned NHTSA 

on April 27, 2017, and amended it on 

June 28, 2017, for a decision that the 

subject noncompliance is 

inconsequential as it relates to motor 

vehicle safety. 

FOR FURTHER INFORMATION CONTACT: 

Abraham Diaz, Office of Vehicle Safety 

Compliance, NHTSA, telephone (202) 

366–5310, facsimile (202) 366–5930. 

SUPPLEMENTARY INFORMATION: 

1. Overview: CTA has determined that 

certain Continental brand tires do not 

fully comply with paragraphs S5.5(e) 

and S5.5(f) of FMVSS No. 139, New 

Pneumatic Radial Tires for Light 

Vehicles (49 CFR 571.139). CTA filed a 

noncompliance report dated March 31, 

2017, and later revised it on February 

23, 2018, pursuant to 49 CFR part 573, 

Defect and Noncompliance 

Responsibility and Reports. CTA also 

petitioned NHTSA on April 27, 2017, 

and amended it on June 28, 2017, 

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

30120(h) and 49 CFR part 556, for an 

exemption from the notification and 

remedy requirements of 49 U.S.C. 

Chapter 301 on the basis that this 

noncompliance is inconsequential as it 

relates to motor vehicle safety. 

Notice of receipt of the petition was 

published, with a 30-day public 

comment period, on September 29, 

2017, in the Federal Register (82 FR 

45661). No comments were received. To 

view the petition and all supporting 

documents log onto the Federal Docket 

Management System (FDMS) website at: 

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

follow the online search instructions to 

locate docket number ‘‘NHTSA–2017– 

0040.’’ 

II. Tires Involved: Approximately 

111,500 of the following Continental 

brand tires, manufactured between 

December 2, 2012, and March 25, 2017, 

are potentially involved: 

• XL Continental CrossContact UHP 

size 255/55R18 109Y 

• Barum Brillantis 2 size 175/70R13 

82T 

• Continental ContiTrac size P225/ 

70R15 100S 

• XL General Grabber UHP size 275/ 

55R20 117V 

• Continental ExtremeContact DWS size 

285/30ZR20 99W XL 

• Continental CrossContact LX20 size 

245/55R19 103S 

• XL Continental CrossContact LX20 

size 285/45R 114H 

• General Altimax RT43 size 215/45R17 

87V 

III. Noncompliance: CTA states that 

the noncompliance is due to mold 

errors, and that as a result, the number 

of tread plies indicated on the sidewall 

of the subject tires do not match the 

actual number of plies in the tire 

construction and in one tire model the 


daltland on DSKBBV9HB2PROD with NOTICES
Federal Register / Vol. 83, No. 146 / Monday, July 30, 2018 / Notices 36669 

1Cooper Tire & Rubber Company, 82 FR 17075 

(April 7, 2017); Nitto Tire USA, Inc., 81FR 17764 

(April 30, 2016); Hankook Tire America Corp., 79 

FR 30688 (May 28, 2014); Bridgestone 78 FR 47049 

(August 2, 2013). 

ply material was incorrect, as required 

by paragraphs S5.5(e) and S5.5(f) of 

FMVSS No. 139. Specifically, below is 

a list of the subject tires with the 

labeling as marked (Marked) and how 

the sidewall should have been marked 

(Actual): 

• XL Continental Cross Contact UHP 

size 255/55R18 109Y 

—Marked: ‘‘PLIES: TREAD: 2 RAYON + 

2 STEEL + 2 POLYAMIDE’’ 

—Actual: ‘‘PLIES: TREAD: 2 RAYON + 

2 STEEL + 1 POLYAMIDE’’ 

• Barum Brillantis 2 size 175/70R13 

82T 

—Marked: ‘‘TREAD 4 PLIES: 1 

POLYESTER + 2 STEEL + 1 

POLYAMIDE’’ 

—Actual: ‘‘TREAD 5 PLIES: 1 

POLYESTER + 2 STEEL + 2 

POLYAMIDE’’ 

• Continental ContiTrac size P225/ 

70R15 100S 

—Marked: ‘‘TREAD 4 PLIES: 2 

POLYESTER + 2 STEEL’’ 

—Actual: ‘‘TREAD 5 PLIES: 2 

POLYESTER + 2 STEEL + 1 

POLYAMIDE’’ 

• XL General Grabber UHP size 275/ 

55R20 117V 

—Marked: ‘‘PLIES: TREAD: 2 

POLYESTER + 2 STEEL + 2 

POLYAMIDE SIDEWALL: 2 

POLYESTER’’ 

—Actual: ‘‘PLIES: TREAD: 2 RAYON + 

2 STEEL + 2 POLYAMIDE 

SIDEWALL: 2 RAYON’’ 

• Continental ExtremeContact DWS size 

285/30ZR20 99W 

—Marked: ‘‘PLIES: TREAD: 1 RAYON + 

2 STEEL + 2 POLYAMIDE’’ 

—Actual: ‘‘PLIES: TREAD: 2 RAYON + 

2 STEEL + 1 POLYAMIDE’’ 

• Continental CrossContact LX20 size 

245/55R19 103S 

—Marked: ‘‘PLIES: TREAD: 1 

POLYESTER + 2 STEEL + 2 

POLYAMIDE’’ 

—Actual: ‘‘PLIES: TREAD: 1 

POLYESTER + 2 STEEL + 1 

POLYAMIDE’’ 

• XL Continental CrossContact LX20 

size 285/45R22 114H 

—Marked: ‘‘PLIES: TREAD: 2 

POLYESTER + 2 STEEL + 2 

POLYAMIDE’’ 

—Actual: ‘‘PLIES: TREAD: 1 

POLYESTER + 2 STEEL + 2 

POLYAMIDE’’ 

• General Altimax RT43 size 215/45R17 

87V 

—Marked: ‘‘PLIES: TREAD: 2 

POLYESTER + 2 STEEL + 1 

POLYAMIDE’’ 

—Actual: ‘‘PLIES: TREAD: 2 

POLYESTER + 2 STEEL + 2 

POLYAMIDE’’ 

IV. Rule Text: Paragraphs S5.5(e) and 

S5.5(f) of FMVSS No. 139 include the 

requirements relevant to this petition: 

• Each tire must be marked on each 

sidewall with the information specified 

in paragraphs S5.5(a) through (d) and on 

one sidewall with the information 

specified in paragraphs S5.5(e) through 

(i) according to the phase-in schedule 

specified in paragraph S7. 

• Must include the generic name of 

each cord material used in the plies 

(both sidewall and tread area) of the tire. 

S5.5(e) 

• Must state the actual number of 

plies in the sidewall, and the actual 

number of plies in the tread area, if 

different. S5.5(f) 

V. Summary of CTA’s Petition: CTA 

described the subject noncompliance 

and stated its belief that the 

noncompliance is inconsequential as it 

relates to motor vehicle safety. 

In support of its petition, CTA 

submitted the following reasoning: 

(a) The tires covered by this petition 

are labeled with incorrect information 

regarding the number of tread plies and 

in two cases, the incorrect and/or 

missing ply material. However, this 

mislabeling has no impact on the 

operational performance of these tires or 

on the safety of vehicles on which these 

tires are mounted. The subject tires meet 

or exceed all of the performance 

requirements specified by FMVSS No. 

139. 

(b) NHTSA has concluded in response 

to numerous other petitions that this 

type of noncompliance is 

inconsequential to safety. 

(c) CTA cited three petitions1 that 

NHTSA has previously granted and 

noted that on several occasions NHTSA 

has stated: 

In the agency’s judgment, the incorrect 

labeling of the tire construction information 

will have an inconsequential effect on motor 

vehicle safety because most consumers do 

not base tire purchases or vehicle operation 

parameters on the ply material in a tire. 

(d) All tires covered by this petition 

meet or exceed the performance 

requirements of FMVSS No. 139, as well 

as the other labeling requirements of the 

standard. 

(e) CTA is not aware of any crashes, 

injuries, customer complaints, or field 

reports associated with the mislabeling. 

(f) CTA has quarantined all existing 

inventory of these tires that contain the 

noncompliant tire sidewall labeling. 

(g) CTA has corrected the molds at the 

manufacturing plant, so no additional 

tires will be manufactured with the 

noncompliance. 

CTA concluded by expressing the 

belief that the subject noncompliance is 

inconsequential as it relates to motor 

vehicle safety, and that its petition to be 

exempted from providing notification of 

the noncompliance, as required by 49 

U.S.C. 30118, and a remedy for the 

noncompliance, as required by 49 

U.S.C. 30120, should be granted. 

CTA’s complete petition and all 

supporting documents are available by 

logging onto the Federal Docket 

Management System (FDMS) website at: 

https://www.regulations.gov and 

following the online search instructions 

to locate the docket number listed in the 

title of this notice. 

NHTSA’s Analysis 

The agency agrees with CTA that the 

noncompliance is inconsequential to 

motor vehicle safety. NHTSA believes 

that one measure of inconsequentiality 

to motor vehicle safety, in this case, is 

that there is no effect of the 

noncompliance on the operational 

safety of vehicles on which these tires 

are mounted. The safety of people 

working in the tire retread, repair and 

recycling industries must also be 

considered and is a measure of 

inconsequentiality. 

Although tire construction affects the 

strength and durability of tires, neither 

the agency nor the tire industry 

provides information relating tire 

strength and durability to the number of 

plies and types of ply cord material in 

the tread sidewall. Therefore, tire 

dealers and customers should consider 

the tire construction information along 

with other information such as the load 

capacity, maximum inflation pressure, 

and tread wear, temperature, and 

traction ratings, to assess performance 

capabilities of various tires. In the 

agency’s judgement, the incorrect 

labeling of the tire construction 

information will have an 

inconsequential effect on motor vehicle 

safety because most consumers do not 

base tire purchases or vehicle operation 

parameters on the number of plies in a 

tire. 

The agency also believes the 

noncompliance will have no 

measureable effect on the safety of the 

tire retread, repair, and recycling 

industries. The use of steel cord 

construction in the sidewall and tread is 

the primary safety concern of these 

industries. In this case, since the tire 

sidewalls are marked correctly for the 

number of steel plies, this potential 

safety concern does not exist. 

NHTSA’s Decision 

In consideration of the foregoing, 

NHTSA finds that CTA has met its 


daltland on DSKBBV9HB2PROD with NOTICES
36670 Federal Register / Vol. 83, No. 146 / Monday, July 30, 2018 / Notices 

burden of persuasion that the subject 

FMVSS No. 139 noncompliance in the 

affected tires is inconsequential to 

motor vehicle safety. Accordingly, 

CTA’s petition is hereby granted and 

CTA is consequently exempted from the 

obligation of providing notification of, 

and a free remedy for, that 

noncompliance under 49 U.S.C. 30118 

and 30120. 

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, this 

decision only applies to the subject tires 

that CTA no longer controlled at the 

time it determined that the 

noncompliance existed. However, the 

granting of this petition does not relieve 

equipment distributors and dealers 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 CTA notified them that the 

subject noncompliance existed. 

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

delegations of authority at 49 CFR 1.95 and 

501.8). 

Michael A. Cole, 

Acting Director, Office of Vehicle Safety 

Compliance. 

[FR Doc. 2018–16153 Filed 7–27–18; 8:45 am] 

BILLING CODE 4910–59–P 

DEPARTMENT OF THE TREASURY 

Internal Revenue Service 

Proposed Collection; Comment 

Request for Regulation Project 

AGENCY: Internal Revenue Service (IRS), 

Treasury. 

ACTION: Notice and request for 

comments. 

SUMMARY: The Internal Revenue Service, 

as part of its continuing effort to reduce 

paperwork and respondent burden, 

invites the general public and other 

Federal agencies to take this 

opportunity to comment on continuing 

information collections, as required by 

the Paperwork Reduction Act of 1995. 

The IRS is soliciting comments 

concerning election involving the repeal 

of the bonding requirement. 

DATES: Written comments should be 

received on or before September 28, 

2018 to be assured of consideration. 

ADDRESSES: Direct all written comments 

to Laurie Brimmer, Internal Revenue 

Service, Room 6529, 1111 Constitution 

Avenue NW, Washington, DC 20224. 

FOR FURTHER INFORMATION CONTACT: 

Requests for additional information or 

copies of the form should be directed to 

Kerry Dennis, at (202) 317–5751 or 

Internal Revenue Service, Room 6529, 

1111 Constitution Avenue NW, 

Washington DC 20224, or through the 

internet, at Kerry.Dennis@irs.gov. 

SUPPLEMENTARY INFORMATION: 

Title: Election Involving the Repeal of 

the Bonding Requirement under 

§ 42(j)(6). 

OMB Number: 1545–2120. 

Revenue Procedure Number: 2008–60. 

Abstract: This revenue procedure 

affects taxpayers who are maintaining a 

surety bond or a Treasury Direct 

Account (TDA) to satisfy the lowincome housing tax credit recapture 

exception in § 42(j)(6) of the Internal 

Revenue Code (the Code), as in effect on 

or before July 30, 2008. This revenue 

procedure provides the procedures for 

taxpayers to follow when making the 

election under section 3004(i)(2)(B)(ii) 

of the Housing Assistance Tax Act of 

2008 (Pub. L. 110–289) (the Act) to no 

longer maintain a surety bond or a TDA 

to avoid recapture. 

Current Actions: There are no changes 

to the paperwork burden previously 

approved by OMB. 

Type of Review: Extension of a 

currently approved collection. 

Affected Public: Individuals and 

Households, Businesses and other forprofit organizations. 

Estimated Number of Respondents: 

7,810. 

Estimated Time per Respondent: 1 

hour. 

Estimated Total Annual Burden 

Hours: 7,810. 

The following paragraph applies to all 

of the collections of information covered 

by this notice. 

An agency may not conduct or 

sponsor, and a person is not required to 

respond to, a collection of information 

unless the collection of information 

displays a valid OMB control number. 

Books or records relating to a collection 

of information must be retained as long 

as their contents may become material 

in the administration of any internal 

revenue law. Generally, tax returns and 

tax return information are confidential, 

as required by 26 U.S.C. 6103. 

Request for Comments: Comments 

submitted in response to this notice will 

be summarized and/or included in the 

request for OMB approval. All 

comments will become a matter of 

public record. Comments are invited on: 

(a) Whether the collection of 

information is necessary for the proper 

performance of the functions of the 

agency, including whether the 

information shall have practical utility; 

(b) the accuracy of the agency’s estimate 

of the burden of the collection of 

information; (c) ways to enhance the 

quality, utility, and clarity of the 

information to be collected; (d) ways to 

minimize the burden of the collection of 

information on respondents, including 

through the use of automated collection 

techniques or other forms of information 

technology; and (e) estimates of capital 

or start-up costs and costs of operation, 

maintenance, and purchase of services 

to provide information. 

Approved: July 23, 2018. 

Tuawana Pinkston, 

Supervisory, Tax Analyst. 

[FR Doc. 2018–16201 Filed 7–27–18; 8:45 am] 

BILLING CODE 4830–01–P 


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