Federal Register / Vol. 77, No. 35 / Wednesday, February 22, 2012 / Notices 10615 

1Section 4129(a) refers to the 2003 notice as a 

‘‘final rule.’’ However, the 2003 notice did not issue 

a ‘‘final rule’’ but did establish the procedures and 

standards for issuing exemptions for drivers with 

ITDM. 

1Cooper Tire & Rubber Tire Company (Cooper) is 

a replacement equipment manufacturer 

incorporated in the state of Delaware. 

that occurred without warning in the 

past 12 months and no recurrent (2 or 

more) severe hypoglycemic episodes in 

the last 5 years. His endocrinologist 

certifies that Mr. Wood understands 

diabetes management and monitoring, 

has stable control of his diabetes using 

insulin, and is able to drive a CMV 

safely. Mr. Wood meets the vision 

requirements of 49 CFR 391.41(b)(10). 

His ophthalmologist examined him in 

2011 and certified that he does not have 

diabetic retinopathy. He holds a Class A 

CDL from New York. 

Richard P. Wright 

Mr. Wright, 31, has had ITDM since 

1998. His endocrinologist examined him 

in 2011 and certified that he has had no 

severe hypoglycemic reactions resulting 

in loss of consciousness, requiring the 

assistance of another person, or 

resulting in impaired cognitive function 

that occurred without warning in the 

past 12 months and no recurrent (2 or 

more) severe hypoglycemic episodes in 

the last 5 years. His endocrinologist 

certifies that Mr. Wright understands 

diabetes management and monitoring, 

has stable control of his diabetes using 

insulin, and is able to drive a CMV 

safely. Mr. Wright meets the vision 

requirements of 49 CFR 391.41(b)(10). 

His ophthalmologist examined him in 

2011 and certified that he does not have 

diabetic retinopathy. He holds a Class C 

operator’s license from Oregon. 

Request for Comments 

In accordance with 49 U.S.C. 31136(e) 

and 31315, FMCSA requests public 

comment from all interested persons on 

the exemption petitions described in 

this notice. We will consider all 

comments received before the close of 

business on the closing date indicated 

in the DATE section of the notice. 

FMCSA notes that section 4129 of the 

Safe, Accountable, Flexible and 

Efficient Transportation Equity Act: A 

Legacy for Users requires the Secretary 

to revise its diabetes exemption program 

established on September 3, 2003 (68 FR 

52441).1 The revision must provide for 

individual assessment of drivers with 

diabetes mellitus, and be consistent 

with the criteria described in section 

4018 of the Transportation Equity Act 

for the 21st Century (49 U.S.C. 31305). 

Section 4129 requires: (1) Elimination 

of the requirement for 3 years of 

experience operating CMVs while being 

treated with insulin; and (2) 

establishment of a specified minimum 

period of insulin use to demonstrate 

stable control of diabetes before being 

allowed to operate a CMV. 

In response to section 4129, FMCSA 

made immediate revisions to the 

diabetes exemption program established 

by the September 3, 2003 notice. 

FMCSA discontinued use of the 3-year 

driving experience and fulfilled the 

requirements of section 4129 while 

continuing to ensure that operation of 

CMVs by drivers with ITDM will 

achieve the requisite level of safety 

required of all exemptions granted 

under 49 USC. 31136(e). 

Section 4129(d) also directed FMCSA 

to ensure that drivers of CMVs with 

ITDM are not held to a higher standard 

than other drivers, with the exception of 

limited operating, monitoring and 

medical requirements that are deemed 

medically necessary. 

The FMCSA concluded that all of the 

operating, monitoring and medical 

requirements set out in the September 3, 

2003 notice, except as modified, were in 

compliance with section 4129(d). 

Therefore, all of the requirements set 

out in the September 3, 2003 notice, 

except as modified by the notice in the 

Federal Register on November 8, 2005 

(70 FR 67777), remain in effect. 

Issued on: February 9, 2012. 

Larry W. Minor, 

Associate Administrator for Policy. 

[FR Doc. 2012–3996 Filed 2–21–12; 8:45 am] 

BILLING CODE P 

DEPARTMENT OF TRANSPORTATION 

National Highway Traffic Safety 

Administration 

[Docket No. NHTSA–2011–0054; Notice 2] 

Cooper Tire & Rubber Tire Company, 

Grant of Petition for Decision of 

Inconsequential Noncompliance 

AGENCY: National Highway Traffic 

Safety Administration, DOT. 

ACTION: Grant of Petition. 

SUMMARY: Cooper Tire & Rubber Tire 

Company, (Cooper) 1, has determined 

that approximately 6,964 passenger car 

replacement tires manufactured 

between January 23, 2011 and March 26, 

2011, do not fully comply with 

paragraph S5.5(f) of Federal Motor 

Vehicle Safety Standard (FMVSS) No. 

139, New Pneumatic Radial Tires for 

Light Vehicles. Cooper has filed an 

appropriate report dated March 31, 

2011, pursuant to 49 CFR part 573, 

Defect and Noncompliance 

Responsibility and Reports. 

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

30120(h) (see implementing rule at 49 

CFR part 556), Cooper has petitioned for 

an exemption from the notification and 

remedy requirements of 49 U.S.C. 

Chapter 301 on the basis that this 

noncompliance is inconsequential to 

motor vehicle safety. 

Notice of receipt of Cooper’s petition 

was published, with a 30-day public 

comment period, on May 17, 2011, in 

the Federal Register (76 FR 28502). No 

comments were received. To view the 

petition and all supporting documents 

log onto the Federal Docket 

Management System Web site at: 

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

follow the online search instructions to 

locate docket number ‘‘NHTSA–2011– 

0054.’’ 

For further information on this 

decision, contact Mr. George Gillespie, 

Office of Vehicle Safety Compliance, the 

National Highway Traffic Safety 

Administration (NHTSA), telephone 

(202) 366–5299, facsimile (202) 366– 

7002. 

Affected are approximately 6,964 size 

LT285/75R16 Cooper brand Discoverer 

S/T MAXX model passenger car 

replacement tires manufactured 

between January 23, 2011 and March 26, 

2011, at Cooper’s plant located in 

Texarkana, Arkansas. 

Cooper explains that the 

noncompliance is that, due to a mold 

labeling error, the sidewall marking on 

the reference side of the tires, required 

by paragraph S5.5(f), incorrectly 

describes the actual number of plies in 

the tread area of the tires. Specifically, 

the tires in question were inadvertently 

manufactured with ‘‘TREAD 1 PLY 

NYLON + 2 PLY STEEL + 3 PLY 

POLYESTER; SIDEWALL 3 PLY 

POLYESTER.’’ The labeling should have 

been ‘‘TREAD 2 PLY NYLON + 2 PLY 

STEEL + 3 PLY POLYESTER; 

SIDEWALL 3 PLY POLYESTER.’’ 

Cooper also explains that while the 

non-compliant tires are mislabeled, the 

tires do in fact have 2 Nylon tread plies 

and meet or exceed all other applicable 

Federal Motor Vehicle Safety Standards. 

Cooper reported that this 

noncompliance was discovered during a 

review of the specified stamping 

requirements and visual inspection of 

tire stamping. 

Cooper 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. 


srobinson on DSK4SPTVN1PROD with NOTICES
10616 Federal Register / Vol. 77, No. 35 / Wednesday, February 22, 2012 / Notices 

2Cooper’s petition, which was filed under 49 CFR 

part 556, requests an agency decision to exempt 

Cooper as a manufacturer from the notification and 

recall responsibilities of 49 CFR part 573 for the 

affected tires. However, a decision on this petition 

cannot relieve 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 Cooper notified them that 

the subject noncompliance existed. 

Cooper points out that NHTSA has 

previously granted similar petitions for 

non-compliances in sidewall marking. 

In summation, Cooper 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 Decision: The agency agrees 

with Cooper that the noncompliance is 

inconsequential to motor vehicle safety. 

The agency believes that the true 

measure of inconsequentiality to motor 

vehicle safety in this case is that there 

is no effect of the noncompliances on 

the operational safety of the vehicles on 

which these tires are mounted. The 

safety of people working in the tire 

retread, repair, and recycling industries 

must also be considered. Although tire 

construction affects the strength and 

durability, 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 and sidewall. 

Therefore, tire dealers and customers 

should consider the tire construction 

information along with other 

information such as load capacity, 

maximum inflation pressure, and tread 

wear, temperature, and traction ratings, 

to assess performance capabilities of 

various tires. 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. 

The agency also believes the 

noncompliance will have no measurable 

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 do not contain 

steel plies, this potential safety concern 

does not exist. 

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 6,964 2 tires 

that Cooper no longer controlled at the 

time that it determined that a 

noncompliance existed in the subject 

tires. 

In consideration of the foregoing, 

NHTSA has decided that Cooper has 

met its burden of persuasion that the 

subject FMVSS No. 139 labeling 

noncompliances are 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 subject 

noncompliance under 49 U.S.C. 30118 

and 30120. 

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

delegations of authority at CFR 1.50 and 

501.8. 

Issued on: February 15, 2012. 

Claude H. Harris, 

Director, Office of Vehicle Safety Compliance. 

[FR Doc. 2012–4030 Filed 2–21–12; 8:45 am] 

BILLING CODE 4910–59–P 

DEPARTMENT OF TRANSPORTATION 

Research and Innovative Technology 

Administration 

Advisory Council on Transportation 

Statistics; Notice of Meeting 

AGENCY: Research and Innovative 

Technology Administration (RITA), 

Department of Transportation. 

ACTION: Notice. 

This notice announces, pursuant to 

Section 10(a)(2) of the Federal Advisory 

Committee Act (FACA) (Pub. L. 72–363; 

5 U.S.C. app. 2), a meeting of the 

Advisory Council on Transportation 

Statistics (ACTS). The meeting will be 

held on Tuesday, March 6, from 9 a.m. 

to 4:30 p.m. EST in the Oklahoma City 

Room at the U.S. Department of 

Transportation, 1200 New Jersey Ave. 

SE., Washington, DC. Section 5601(o) of 

the Safe, Accountable, Flexible, 

Efficient Transportation Equity Act: A 

Legacy for Users (SAFETEA–LU) directs 

the U.S. Department of Transportation 

to establish an Advisory Council on 

Transportation Statistics subject to the 

Federal Advisory Committee Act (5 

U.S.C. app. 2) to advise the Bureau of 

Transportation Statistics (BTS) on the 

quality, reliability, consistency, 

objectivity, and relevance of 

transportation statistics and analyses 

collected, supported, or disseminated by 

the Bureau and the Department. 

The following is a summary of the 

draft meeting agenda: (1) USDOT 

welcome and introduction of Council 

Members; (2) Overview of prior meeting; 

(3) Discussion of the FY 2013 budget; (4) 

Update on BTS data programs and 

future plans; (5) Council Members 

review and discussion of BTS programs 

and plans; (6) Public Comments and 

Closing Remarks. Participation is open 

to the public. Members of the public 

who wish to participate must notify 

Courtney Freiberg at 

Courtney.Freiberg@dot.gov, not later 

than February 24, 2012. Members of the 

public may present oral statements at 

the meeting with the approval of 

Patricia Hu, Director of the Bureau of 

Transportation Statistics. Noncommittee 

members wishing to present oral 

statements or obtain information should 

contact Courtney Freiberg via email no 

later than February 17, 2012. 

Questions about the agenda or written 

comments may be emailed or submitted 

by U.S. Mail to: U.S. Department of 

Transportation, Research and Innovative 

Technology Administration, Bureau of 

Transportation Statistics, Attention: 

Courtney Freiberg, 1200 New Jersey 

Avenue SE., Room # E34–429, 

Washington, DC 20590, 

Courtney.Freiberg@dot.gov, or faxed to 

(202) 366–3640. BTS requests that 

written comments be received by 

February 17, 2012. Access to the DOT 

Headquarters building is controlled; 

therefore, all persons who plan to attend 

the meeting must notify Courtney 

Freiberg at 202–366–1270 prior to 

February 27, 2012. Individuals 

attending the meeting must report to the 

main DOT entrance on New Jersey 

Avenue SE. for admission to the 

building. Attendance is open to the 

public, but limited space is available. 

Persons with a disability requiring 

special services, such as an interpreter 

for the hearing impaired, should contact 

Courtney Freiberg at 202–366–1270 at 

least seven calendar days prior to the 

meeting. Notice of this meeting is 

provided in accordance with the FACA 

and the General Services 

Administration regulations (41 CFR part 

102–3) covering management of Federal 

advisory committees. 


srobinson on DSK4SPTVN1PROD with NOTICES