Federal Register / Vol. 74, No. 49 / Monday, March 16, 2009 / Notices 11175 

generic material of the plies in the body 

of the tire as rayon when they are in fact 

polyester. Specifically, the tires in 

question were inadvertently 

manufactured with ‘‘TREAD 6 PLIES 2 

RAYON + 2 STEEL + 2 NYLON 

SIDEWALL 2 PLIES 2 RAYON’’ marked 

on the sidewall. The labeling should 

have been ‘‘TREAD 6 PLIES 2 

POLYESTER + 2 STEEL + 2 NYLON 

SIDEWALL 2 PLIES 2 POLYESTER.’’ 

Continental states that it discovered 

the mold labeling error that caused the 

non-compliance during a routine quality 

audit. 

Continental makes the argument that 

this noncompliance is inconsequential 

to motor vehicle safety because the 

noncompliant sidewall marking does 

not affect the safety, performance and 

durability of the tire and that the tires 

were built as designed and all other 

sidewall identification markings and 

safety information are correct. 

Continental further states that it 

performs ongoing compliance testing to 

assure tire performance, and that all of 

the subject tires will meet or exceed the 

performance requirements of FMVSS 

No. 139. Continental also states its belief 

that there will be no operational impact 

on the performance or safety of vehicles 

on which these tires are mounted. 

Continental also points out that 

NHTSA has previously granted petitions 

for sidewall marking noncompliances 

that it believes are similar to the instant 

noncompliance. 

Continental also stated that it has 

corrected the problem that caused these 

errors so that they will not be repeated 

in future production. 

In summation, Continental states that 

it believes that because the noncompliances are inconsequential to motor 

vehicle safety that no corrective action 

is warranted. 

NHTSA Decision 

The agency agrees with Continental 

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 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. 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 the 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 are marked 

correctly for the number of steel plies, 

this potential safety concern does not 

exist. 

In consideration of the foregoing, 

NHTSA has decided that Continental 

has met its burden of persuasion that 

the subject FMVSS No. 139 labeling 

noncompliance is inconsequential to 

motor vehicle safety. Accordingly, 

Continental’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 49 CFR 1.50 and 

501.8. 

Issued on: March 10, 2009. 

Daniel C. Smith, 

Associate Administrator for Enforcement. 

[FR Doc. E9–5638 Filed 3–13–09; 8:45 am] 

BILLING CODE 4910–59–P 

DEPARTMENT OF TRANSPORTATION 

Pipeline and Hazardous Materials 

Safety Administration 

Office of Hazardous Materials Safety: 

Notice of Application for Special 

Permits 

AGENCY: Pipeline and Hazardous 

Materials Safety Administration 

(PHMSA), DOT. 

ACTION: List of Applications for Special 

Permits. 

SUMMARY: In accordance with the 

procedures governing the application 

for, and the processing of, special 

permits from the Department of 

Transportation’s Hazardous Material 

Regulations (49 CFR Part 107, Subpart 

B), notice is hereby given that the Office 

of Hazardous Materials Safety has 

received the application described 

herein. Each mode of transportation for 

which a particular special permit is 

requested is indicated by a number in 

the ‘‘Nature of Application’’ portion of 

the table below as follows: 1—Motor 

vehicle, 2—Rail freight, 3—Cargo vessel, 

4—Cargo aircraft only, 5—Passengercarrying aircraft. 

DATES: Comments must be received on 

or before April 15, 2009. 

Address Comments To: Record 

Center, Pipeline and Hazardous 

Materials Safety Administration U.S. 

Department of Transportation, 

Washington, DC 20590. 

Comments should refer to the 

application number and be submitted in 

triplicate. If confirmation of receipt of 

comments is desired, include a selfaddressed stamped postcard showing 

the special permit number. 

FOR FURTHER INFORMATION CONTACT: 

Copies of the applications are available 

for inspection in the Records Center, 

East Building, PHH–30, 1200 New 

Jersey Avenue, Southeast, Washington 

DC or at http://dms.dot.gov. 

This notice of receipt of applications 

for special permit is published in 

accordance with Part 107 of the Federal 

hazardous materials transportation law 

(49 U.S.C. 5117(b); 49 CFR 1.53(b)). 

Issued in Washington, DC, on March 06, 

2009. 

Delmer F. Billings, 

Director, Office of Materials Hazardous, 

Special Permits and Approvals. 

11176 Federal Register / Vol. 74, No. 49 / Monday, March 16, 2009 / Notices 

Application number Docket 

number Applicant Regulation(s) affected Nature of special permits thereof 

New Special Permits 

14812–N ............... ................ National Aeronautics and Space 

Administration (NASA), Washington, DC.

49 CFR 173.62 Packing 

Instruction 134.

To authorize the transportation in commerce 

of certain Division 1.4C cartridge power 

devices which are installed in a spacecraft 

and packaged in a non-DOT specification 

packaging. (mode 1). 

14813–N ............... ................ Organ Recovery Systems, Des 

Plaines, IL.

49 CFR 175.9(e)(5) ........... To authorize the transportation of the 

LifePort Kidney Transporter by air without 

being accompanied by a person qualified 

to operate it. (modes 4, 5). 

14814–N ............... ................ National Aeronautics and Space 

Administration, Houston, TX 

(NASA).

49 CFR 173.302a ............. To authorize the transportation in commerce 

of certain Division 2.2 compressed gases 

in non-DOT specification cylinders to support the International Space Station 

Human Research Facility Gas Delivery 

System. (modes 1, 2, 3, 4, 5). 

14817–N ............... ................ Questar, Inc., North Canton, OH 49 CFR 173.12(b)(2) ......... To authorize the manufacture, marking, sale 

and use of a corrugated fiberboard box for 

use as the outer packaging for lab pack 

applications in accordance with 49 CFR 

173.12(b). (mode 1). 

14818–N ............... ................ Fleck Controls, LLC, Chardon, 

OH.

49 CFR 173.302a and 

173.306(g).

To authorize the transportation in commerce 

of non-DOT specification cylinders under 

the exception provided for water pump 

system tanks under in 49 CFR 173.306(g). 

(modes 1, 2, 3). 

New Special Permits 

14822–N ............... ................ Oiltanking Joliet LLC, 

Channahon, IL.

49 CFR 177.834(i)(3) ........ To authorize personnel to observe loading 

and unloading of cargo tanks by viewing 

video camera monitors in a control center 

instead of being physically located within 

25 feet of the cargo tanks. (mode 1). 

14823–N ............... ................ FedEx Ground Package System, 

Inc., Moon Township, PA.

49 CFR 172.202; 

172.203(c), (k), (m); 

172.301; 172.400; 

172.302(c).

To authorize the return shipment by motor 

vehicle of hazardous materials that have 

been accepted, transported, and subsequently determined to be non-compliant 

with the Hazardous Materials Regulations 

shipping paper, marking or labeling requirements. (mode 1). 

[FR Doc. E9–5506 Filed 3–13–09; 8:45 am] 

BILLING CODE 4909–60–M 

DEPARTMENT OF TRANSPORTATION 

Pipeline and Hazardous Materials 

Safety Administration 

Office of Hazardous Materials Safety; 

Notice of Applications for Modification 

of Special Permit 

AGENCY: Pipeline and Hazardous 

Materials Safety Administration 

(PHMSA), DOT. 

ACTION: List of applications for 

modification of special permit. 

SUMMARY: In accordance with the 

procedures governing the application 

for, and the processing of, special 

permits from the Department of 

Transportation’s Hazardous Material 

Regulations (49 CFR Part 107, Subpart 

B), notice is hereby given that the Office 

of Hazardous Materials Safety has 

received the application described 

herein. This notice is abbreviated to 

expedite docketing and public notice. 

Because the sections affected, modes of 

transportation, and the nature of 

application have been shown in earlier 

Federal Register publications, they are 

not repeated here. Request of 

modifications of special permits (e.g. to 

provide for additional hazardous 

materials, packaging design changes, 

additional mode of transportation, etc.) 

are described in footnotes to the 

application number. Application 

numbers with the suffix ‘‘M’’ demote a 

modification request. There applications 

have been separated from the new 

application for special permits to 

facilitate processing. 

DATES: Comments must be received on 

or before March 31, 2009. 

Address Comments To: Record 

Center, Pipeline and Hazardous 

Materials Safety Administration, U.S. 

Department of Transportation, 

Washington, DC 20590. 

Comments should refer to the 

application number and be submitted in 

triplicate. If confirmation of receipt of 

comments is desired, include a selfaddressed stamped postcard showing 

the special permit number. 

FOR FURTHER INFORMATION CONTACT: 

Copies of the applications are available 

for inspection in the Records Center, 

East Building, PHH–30, 1200 New 

Jersey Avenue, SE., Washington, DC or 

at http://dms.dot.gov. 

This notice of receipt of applications 

for modification of special permit is 

published in accordance with Part 107 

of the Federal hazardous materials