1760 Federal Register / Vol. 74, No. 8 / Tuesday, January 13, 2009 / Notices 

facility and yard locations; locations for 

interconnecting passenger services 

between the existing South Florida Rail 

Corridor that is served by Tri-Rail 

Commuter services and the FEC Railway 

corridor; costs; funding; ridership; 

economic development; land use; 

engineering feasibility; and 

environmental factors in a selected 

corridor. To satisfy the § 5309 

Alternatives Analysis requirement, 

FDOT will also evaluate options for 

transportation improvements in the 

study area that do not involve 

significant capital investment including 

TSM improvements and the 

implications of taking no action (i.e., the 

‘‘no build’’ alternative). It is the purpose 

of this early scoping-ETDM process, to 

identify mode and general alignment in 

the SFECC and develop a well defined 

locally preferred alternative. 

In conjunction with issuance of this 

notice, and consistent with provisions 

of 23 U.S.C. 139, a plan for coordinating 

public and agency participation in and 

comment on the environmental review 

process for issues and alternatives under 

consideration here and at subsequent 

phases of the process will be prepared. 

Interim Report Availability 

The SFECCTA was begun using a 

Tiered Environmental Impact Statement 

NEPA process. In processing the Tier 1 

Draft Final Programmatic 

Environmental Impact Statement 

(FPEIS), FTA and FDOT agreed that the 

process followed for Tier 1 is consistent 

with the NEPA early scoping process, 

and that this early scoping process will 

be continued through the next study 

phase including selection of one or 

more locally preferred alternatives 

(proposed actions) in the corridor. 

Under this process, the Tier 1 Draft 

FPEIS will be considered an interim 

planning report and, as such, has been 

renamed the Conceptual AA/ESR. FTA 

and FDOT will no longer engage in the 

NEPA tiering process. 

In Tier 1, an iterative screening 

process was applied to a broad range of 

conceptual alternatives. A shortlist of 

modal technologies and a generalized 

alignment were selected consistent with 

the FTA definition of conceptual 

alternatives. The study applied corridorlevel NEPA principles and processes in 

the evaluation of alternatives and their 

potential environmental impacts as well 

as in the collaboration with 

governmental agencies and the public 

involvement program. The entire 

process was documented in a 

programmatic Tier 1 DEIS that was 

circulated to affected Federal, State, and 

local government agencies and to other 

interested stakeholders. A Notice of 

Availability was published on October 

13, 2006 (Volume 71, Number 198) for 

this document, and a public hearing was 

conducted on November 8, 9, and 15, 

2006 at different venues in the study 

area. 

The Tier 1 DEIS and the Conceptual 

AA/ESR serve as the administrative 

record documenting the NEPA analysis 

performed to support the advanced 

alternatives analysis phase of decisionmaking, federal agency oversight, 

agency coordination, and public 

comments and responses. As mentioned 

above, the AA/ESR will serve as an 

interim report for the early scopingETDM process now being used and is 

renamed as the final report, Conceptual 

AA/ESR. The report may be viewed or 

downloaded from the project’s Web site 

at www.sfeccstudy.com. An electronic 

copy of this interim report is available 

upon request from the contact above. 

Also, bound copies of the Conceptual 

AA/ESR will be available for public 

review, between January 9, 2009 to 

March 10, 2009, at the following 

locations: 

Florida Department of Transportation, 

District 4 Planning and 

Environmental Management, 3400 

West Commercial Boulevard, Fort 

Lauderdale, FL 33309–3421, Phone: 

(954) 777–4632. 

Florida Department of Transportation, 

District 6 Planning and 

Environmental Management Office, 

1000 NW. 111th Avenue, Miami, FL 

33172, Phone: (305) 470–5220. 

Issued on: January 7, 2009. 

Ms. Yvette G. Taylor, 

Regional Administrator, FTA Region 4. 

[FR Doc. E9–435 Filed 1–12–09; 8:45 am] 

BILLING CODE 4910–57–P 

DEPARTMENT OF TRANSPORTATION 

National Highway Traffic Safety 

Administration 

[Docket No. NHTSA–2008–0213; Notice 1] 

Goodyear Tire & Rubber Company, 

Receipt of Petition for Decision of 

Inconsequential Noncompliance 

Goodyear Tire & Rubber Company 

(Goodyear), has determined that certain 

passenger car tires manufactured during 

the period January 25, 2007 through July 

24, 2008 do not fully comply with 

paragraph S5.5(e) of Federal Motor 

Vehicle Safety Standards (FMVSS) No. 

139 New Pneumatic Radial Tires for 

Light Vehicles. Goodyear has filed an 

appropriate report 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), Goodyear 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. 

This notice of receipt of Goodyear’s 

petition is published under 49 U.S.C. 

30118 and 30120 and does not represent 

any agency decision or other exercise of 

judgment concerning the merits of the 

petition. 

Affected are approximately 9,864 size 

245/45R17 95H Fierce HP brand 

passenger car tires manufactured during 

the period January 25, 2007 through July 

24, 2008. 

Paragraph S5.5(e) of FMVSS No. 139 

requires in pertinent part: 

S5.5 Tire markings. Except as specified in 

paragraphs (a) through (i) of S5.5, each tire 

must be marked on each sidewall with the 

information specified in S5.5(a) through (d) 

and on one sidewall with the information 

specified in S5.5(e) through (i) according to 

the phase-in schedule specified in S7 of this 

standard. The markings must be placed 

between the maximum section width and the 

bead on at least one sidewall, unless the 

maximum section width of the tire is located 

in an area that is not more than one-fourth 

of the distance from the bead to the shoulder 

of the tire. If the maximum section width 

falls within that area, those markings must 

appear between the bead and a point one-half 

the distance from the bead to the shoulder of 

the tire, on at least one sidewall. The 

markings must be in letters and numerals not 

less than 0.078 inches high and raised above 

or sunk below the tire surface not less than 

0.015 inches * * *. 

(e) The generic name of each cord material 

used in the plies (both sidewall and tread 

area) of the tire;* * * 

Goodyear explains that the 

noncompliance is that the sidewall 

marking incorrectly identifies the 

generic material of the plies in the body 

of the tire as Nylon when they are in 

fact polyester. Specifically, the tires in 

question were inadvertently 

manufactured with ‘‘Tread: 1 Polyester 

+ 2 Steel Cords + 1 Nylon Cord. The 

labeling should have been ‘‘Thread: 1 

Polyester Cord + 2 Steel Cords + 1 

Polyester Cord’’ (emphasis added). 

Goodyear states that it discovered the 

mold labeling error that caused the noncompliance during a routine quality 

audit. 

Goodyear argues that the 

noncompliance is inconsequential to 

motor vehicle safety because the tires 

meet or exceed all applicable Federal 

Motor Vehicle Safety performance 

standards. All of the markings related to 

tire service (load capacity, 

corresponding inflation pressure, etc.) 

Federal Register / Vol. 74, No. 8 / Tuesday, January 13, 2009 / Notices 1761 

are correct. The mislabeling of these 

tires creates no unsafe condition. 

Goodyear states that the affected tire 

molds have been modified and all future 

production will have the correct 

material information shown on the 

sidewall. 

Goodyear also points out that NHTSA 

has previously granted petitions for 

sidewall marking noncompliances that 

it believes are similar to the present 

noncompliance. 

In summation, Goodyear states that it 

believes that because the 

noncompliances are inconsequential to 

motor vehicle safety that no corrective 

action is warranted. 

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, 

these provisions only apply to vehicles 

and equipment that have already passed 

from the manufacturer to an owner, 

purchaser, or dealer. 

Interested persons are invited to 

submit written data, views, and 

arguments on this petition. Comments 

must refer to the docket and notice 

number cited at the beginning of this 

notice and be submitted by any of the 

following methods: 

a. By mail addressed to: U.S. 

Department of Transportation, Docket 

Operations, M–30, West Building 

Ground Floor, Room W12–140, 1200 

New Jersey Avenue, SE., Washington, 

DC 20590. 

b. By hand delivery to U.S. 

Department of Transportation, Docket 

Operations, M–30, West Building 

Ground Floor, Room W12–140, 1200 

New Jersey Avenue, SE., Washington, 

DC 20590. The Docket Section is open 

on weekdays from 10 a.m. to 5 p.m. 

except Federal Holidays. 

c. Electronically: by logging onto the 

Federal Docket Management System 

(FDMS) Web site at http:// 

www.regulations.gov/. Follow the online 

instructions for submitting comments. 

Comments may also be faxed to 1–202– 

493–2251. 

Comments must be written in the 

English language, and be no greater than 

15 pages in length, although there is no 

limit to the length of necessary 

attachments to the comments. If 

comments are submitted in hard copy 

form, please ensure that two copies are 

provided. If you wish to receive 

confirmation that your comments were 

received, please enclose a stamped, selfaddressed postcard with the comments. 

Note that all comments received will be 

posted without change to http:// 

www.regulations.gov, including any 

personal information provided. 

Anyone is able to search the 

electronic form of all comments 

received into any of our dockets by the 

name of the individual submitting the 

comment (or signing the comment, if 

submitted on behalf of an association, 

business, labor union, etc.). DOT’s 

complete Privacy Act Statement in the 

Federal Register published on April 11, 

2000 (65 FR 19477–78). 

You may view documents submitted 

to a docket at the address and times 

given above. You may also view the 

documents on the Internet at http:// 

www.regulations.gov by following the 

online instructions for accessing the 

dockets available at that Web site. 

The petition, supporting materials, 

and all comments received before the 

close of business on the closing date 

indicated below will be filed and will be 

considered. All comments and 

supporting materials received after the 

closing date will also be filed and will 

be considered to the extent possible. 

When the petition is granted or denied, 

notice of the decision will be published 

in the Federal Register pursuant to the 

authority indicated below. 

Comment closing date: February 12, 

2009. 

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

delegations of authority at CFR 1.50 and 

501.8). 

Issued on: January 8, 2009. 

Claude H. Harris 

Director, Office of Vehicle Safety Compliance. 

[FR Doc. E9–517 Filed 1–12–09; 8:45 am] 

BILLING CODE 4910–59–P 

DEPARTMENT OF THE TREASURY 

Agency Information Collection 

Activities: Submission for OMB 

Review; Comment Request 

AGENCY: Office of the Comptroller of the 

Currency (OCC), Treasury. 

ACTION: Notice and request for comment. 

SUMMARY: The OCC, 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 a continuing information 

collection, as required by the Paperwork 

Reduction Act of 1995. An agency may 

not conduct or sponsor, and a 

respondent is not required to respond 

to, an information collection unless the 

information collection displays a 

currently valid OMB control number. 

Currently, the OCC is soliciting 

comment concerning its extension, 

without change, of an information 

collection titled, ‘‘Release of Non-Public 

Information—12 CFR 4, Subpart C.’’ The 

OCC is also giving notice that it has 

submitted the collection to OMB for 

review. 

DATES: You should submit written 

comments by February 12, 2009. 

ADDRESSES: You should direct all 

written comments to: Communications 

Division, Office of the Comptroller of 

the Currency, Public Information Room, 

Mailstop 1–5, Attention: 1557–0200, 

250 E Street, SW., Washington, DC 

20219. In addition, comments may be 

sent by fax to (202) 874–4448, or by 

electronic mail to 

regs.comments@occ.treas.gov. You can 

inspect and photocopy the comments at 

the OCC’s Public Information Room, 250 

E Street, SW., Washington, DC 20219. 

For security reasons, the OCC requires 

that visitors make an appointment to 

inspect comments. You may do so by 

calling (202) 874–5043. Upon arrival, 

visitors will be required to present valid 

government-issued photo identification 

and submit to security screening in 

order to inspect and photocopy 

comments. 

Additionally, you should send a copy 

of your comments to: OCC Desk Officer, 

1557–0200, by mail to U.S. Office of 

Management and Budget, 725 17th 

Street, NW., #10235, Washington, DC 

20503, or by fax to (202) 395–6974. 

FOR FURTHER INFORMATION CONTACT: You 

can request additional information or a 

copy of the collection from Mary H. 

Gottlieb, OCC Clearance Officer, (202) 

874–5090, Legislative and Regulatory 

Activities Division, Office of the 

Comptroller of the Currency, 250 E 

Street, SW., Washington, DC 20219. 

SUPPLEMENTARY INFORMATION: The OCC 

is proposing to extend OMB approval of 

the following information collection: 

Title: Release of Non-Public 

Information—12 CFR 4, Subpart C. 

OMB Control No.: 1557–0200. 

Form No.: None. 

Description: This submission covers 

an existing regulation and involves no 

change to the regulation or to the 

information collections embodied in the 

regulation. The OCC requests only that 

OMB renew its approval of the 

information collections in the current 

regulation. 

The information requirements require 

individuals who are requesting nonpublic OCC information to provide the 

OCC with information regarding the 

requester’s legal grounds for the request.