Federal Register / Vol. 70, No. 174 / Friday, September 9, 2005 / Notices 53713 

1This decision is limited to its specific facts. As 

some commenters on the ANPRM noted, the 

existence of steel in a tire’s sidewall can be relevant 

to the manner in which it should be repaired or 

retreaded. 

operation parameters on the number of 

plies in the tire. In addition, the tires are 

certified to meet all the performance 

requirements of FMVSS No. 119 and all 

other informational markings as 

required by FMVSS No. 119 are present. 

Cooper has corrected the problem. 

In consideration of the foregoing, 

NHTSA has decided that the petitioner 

has met its burden of persuasion that 

the noncompliance described is 

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 

noncompliance. 

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

delegations of authority at CFR 1.50 and 

501.8) 

Issued on: September 2, 2005. 

Ronald L. Medford, 

Senior Associate Administrator for Vehicle 

Safety. 

[FR Doc. 05–17906 Filed 9–8–05; 8:45 am] 

BILLING CODE 4910–59–P 

DEPARTMENT OF TRANSPORTATION 

National Highway Traffic Safety 

Administration 

[Docket No. NHTSA 2005–21928; Notice 2] 

Cooper Tire & Rubber Company, Grant 

of Petition for Decision of 

Inconsequential Noncompliance 

Cooper Tire & Rubber Company 

(Cooper) has determined that certain 

tires it manufactured during 2004 and 

2005 do not comply with S6.5(f) of 

Federal Motor Vehicle Safety Standard 

(FMVSS) No. 119, ‘‘New pneumatic tires 

for vehicles other than passenger cars.’’

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

30120(h), Cooper has petitioned for a 

determination that this noncompliance 

is inconsequential to motor vehicle 

safety and has filed an appropriate 

report pursuant to 49 CFR part 573, 

‘‘Defect and Noncompliance Reports.’’

Notice of receipt of a petition was 

published, with a 30-day comment 

period, on July 29, 2005 in the Federal 

Register (70 FR 43935). NHTSA 

received no comments. 

Cooper produced approximately 

15,692 Cooper brand tires during the 

period from October 3, 2004 through 

April 9, 2005 that do not comply with 

FMVSS No. 119, S6.5(f). S6.5(f) of 

FMVSS No. 119 requires that each tire 

shall be marked with ‘‘[t]he actual 

number of plies * * * in the sidewall 

and, if different, in the tread area.’’ The 

noncompliant tires were marked ‘‘tread 

2 ply steel + 3 ply polyester; sidewall 3 

ply polyester.’’ The correct marking 

should read ‘‘tread 1 ply nylon, 2 ply 

steel + 3 ply polyester; sidewall 3 ply 

polyester.’’

Cooper believes that the 

noncompliance is inconsequential to 

motor vehicle safety and that no 

corrective action is warranted. Cooper 

states that ‘‘the incorrect number of 

tread plies on each tire does not present 

a safety-related defect. In addition to 

having the number of tread plies marked 

on the sidewall, the subject tires have an 

additional nylon tread ply.’’ Cooper 

states that the tires comply with all 

other requirements of FMVSS No. 119. 

The Transportation Recall, 

Enhancement, Accountability, and 

Documentation (TREAD) Act (Pub. L. 

106–414) required, among other things, 

that the agency initiate rulemaking to 

improve tire label information. In 

response, the agency published an 

Advance Notice of Proposed 

Rulemaking (ANPRM) in the Federal 

Register on December 1, 2000 (65 FR 

75222). 

The agency received more than 20 

comments on the tire labeling 

information required by 49 CFR 571.109 

and 119, Part 567, Part 574, and Part 

575. In addition, the agency conducted 

a series of focus groups, as required by 

the TREAD Act, to examine consumer 

perceptions and understanding of tire 

labeling. Few of the focus group 

participants had knowledge of tire 

labeling beyond the tire brand name, 

tire size, and tire pressure. 

Based on the information obtained 

from comments to the ANPRM and the 

consumer focus groups, we have 

concluded that it is likely that few 

consumers have been influenced by the 

tire construction information (number of 

plies and cord material in the sidewall 

and tread plies) provided on the tire 

label when deciding to buy a motor 

vehicle or tire. 

Therefore, the agency agrees with 

Cooper’s statement that the incorrect 

markings in this case do not present a 

serious safety concern.1 There is no 

effect of the noncompliance on the 

operational safety of vehicles on which 

these tires are mounted. 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 number of 

plies in the tire. In addition, the tires are 

certified to meet all the performance 

requirements of FMVSS No. 119 and all 

other informational markings as 

required by FMVSS No. 119 are present. 

Cooper has corrected the problem. 

In consideration of the foregoing, 

NHTSA has decided that the petitioner 

has met its burden of persuasion that 

the noncompliance described is 

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 

noncompliance. 

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

delegations of authority at CFR 1.50 and 

501.8) 

Issued on: September 2, 2005. 

Ronald L. Medford, 

Senior Associate Administrator for Vehicle 

Safety. 

[FR Doc. 05–17907 Filed 9–8–05; 8:45 am] 

BILLING CODE 4910–59–P 

DEPARTMENT OF TRANSPORTATION 

National Highway Traffic Safety 

Administration 

Withdrawal of Petition for Exemption 

From the Federal Motor Vehicle Theft 

Prevention Standard; DaimlerChrysler 

AGENCY: National Highway Traffic 

Safety Administration (NHTSA), 

Department of Transportation (DOT). 

ACTION: Notice; withdrawal of petition 

for exemption. 

SUMMARY: This notice withdraws the 

petition by DaimlerChrysler Corporation 

(DaimlerChrysler) for an exemption 

from the parts marking requirements of 

the vehicle theft prevention standard for 

the Jeep Liberty vehicle line. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Rosalind Proctor, Office of International 

Policy, Fuel Economy and Consumer 

Programs, NHTSA, 400 Seventh Street, 

SW., Washington, DC 20590. Ms. 

Proctor’s phone number is (202) 366–

0846. Her fax number is (202) 493–2290. 

SUPPLEMENTARY INFORMATION: In a 

petition dated March 30, 2005, 

DaimlerChrysler requested an 

exemption from the parts marking 

requirements of the theft prevention 

standard (49 CFR part 541) for the Jeep 

Liberty vehicle line, beginning with 

model year (MY) 2006. The petition 

requested an exemption from the parts 

marking requirements pursuant to 49 

CFR part 543, Exemption from Vehicle 

Theft Prevention Standard, based on the 

installation of an antitheft device as 

standard equipment for the entire 

vehicle line. On July 12, 2005, the 

agency granted in full the petition of 

53714 Federal Register / Vol. 70, No. 174 / Friday, September 9, 2005 / Notices 

DaimlerChrysler for exemption of the 

Jeep Liberty from the parts marking 

requirements beginning with the 2006 

model year. (See 70 FR 40103). 

Subsequently, DaimlerChrysler 

requested the agency to withdraw its 

petition for exemption for the Jeep 

Liberty vehicle line. 

This notice acknowledges 

DaimlerChrysler’s request for 

withdrawal of its March 30, 2005 

petition for exemption. Accordingly, the 

Jeep Liberty vehicle line remains subject 

to the parts-marking requirements of 49 

CFR part 541. 

Authority: 49 U.S.C. 33106; delegation of 

authority at 49 CFR 1.50. 

Issued on: September 1, 2005. 

Stephen R. Kratzke, 

Associate Administrator for Rulemaking. 

[FR Doc. 05–17843 Filed 9–8–05; 8:45 am] 

BILLING CODE 4910–59–P 

DEPARTMENT OF TRANSPORTATION 

National Highway Traffic Safety 

Administration 

Withdrawal of Petition for Exemption 

From the Federal Motor Vehicle Theft 

Prevention Standard; Ford Motor 

Company 

AGENCY: National Highway Traffic 

Safety Administration (NHTSA), 

Department of Transportation (DOT). 

ACTION: Notice; withdrawal of petition 

for exemption. 

SUMMARY: This notice withdraws the 

petition by Ford Motor Company (Ford) 

for an exemption from the parts marking 

requirements of the vehicle theft 

prevention standard for the Ford 

Thunderbird vehicle line. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Rosalind Proctor, Office of International 

Policy, Fuel Economy and Consumer 

Programs, NHTSA, 400 Seventh Street, 

SW., Washington, DC 20590. Ms. 

Proctor’s phone number is (202) 366–

0846. Her fax number is (202) 493–2290. 

SUPPLEMENTARY INFORMATION: In a 

petition dated December 20, 2004, Ford 

requested an exemption from the parts 

marking requirements of the theft 

prevention standard (49 CFR part 541) 

for the Ford Thunderbird vehicle line, 

beginning with model year (MY) 2006. 

The petition requested an exemption 

from the parts marking requirements 

pursuant to 49 CFR part 543, Exemption 

from Vehicle Theft Prevention Standard, 

based on the installation of an antitheft 

device as standard equipment for the 

entire vehicle line. The agency granted 

in full the petition of Ford for 

exemption of the Ford Thunderbird 

from the parts marking requirements 

beginning with the 2006 model year. 

(See 70 FR 12780). 

Ford informed the agency by letter 

dated August 5, 2005, that it was 

withdrawing its petition for exemption 

for the Ford Thunderbird vehicle line. 

Ford also stated that it will discontinue 

production of the Thunderbird vehicle 

line effective the end of the 2005 MY. 

This notice acknowledges Ford’s request 

for withdrawal of its December 5, 2004 

petition for exemption. Accordingly, the 

Ford Thunderbird vehicle line will 

remain subject to the parts marking 

requirements of 49 CFR part 541 until 

production ends. 

Authority: 49 U.S.C. 33106; delegation of 

authority at 49 CFR 1.50. 

Issued on: September 1, 2005. 

Stephen R. Kratzke, 

Associate Administrator for Rulemaking. 

[FR Doc. 05–17842 Filed 9–8–05; 8:45 am] 

BILLING CODE 4910–59–P 

DEPARTMENT OF THE TREASURY 

Internal Revenue Service 

[REG–253578–96] 

Proposed Collection; Comment 

Request for Regulation Project; 

Correction 

AGENCY: Internal Revenue Service (IRS), 

Treasury. 

ACTION: Correction to notice and request 

for comments. 

SUMMARY: This document contains 

corrections to a notice and request for 

comments, which was published in the 

Federal Register on Monday, August 22, 

2005 (70 FR 49010). This notice relates 

to the Department of the Treasury’s 

invitation to the general public and 

other Federal agencies to take the 

opportunity to comment on proposed 

and/or continuing information 

collections. 

FOR FURTHER INFORMATION CONTACT: 

Allan Hopkins, (202) 622–6665 (not a 

toll-free number). 

SUPPLEMENTARY INFORMATION: 

Background 

The notice and request for comments 

that is the subject of these corrections is 

required by the Paperwork Reduction 

Act of 1995, Public Law 104–13 (44 

U.S.C. 3506(c)(2)(A)). 

Need for Correction 

As published, the comment request 

for REG–253578–96 contains errors 

which may prove to be misleading and 

are in need of clarification. 

Correction of Publication 

Accordingly, the publication of the 

comment request for REG–253578–96, 

which was the subject of FR Doc. 05–

16609, is corrected as follows: 

1. On page 49010 and 49011, columns 

3 and 1 respectively, under the caption 

SUMMARY, lines 15 through 17 on page 

40910, and lines 1 and 2 on page 40911, 

the language ‘‘Group Health Plans; and 

temporary regulation (TD 8716) Interim 

Rules for Health Insurance Portability 

for Group Health Plans (54.9801–3T, 

54.9801–4T, 54.98015T, and 54.9801–

6T).’’ is corrected to read ‘‘Group Health 

Plans and Rules for Health Insurance 

Portability for Group Health Plans.’’. 

2. On page 49011, column 1, under 

the caption SUPPLEMENTARY

INFORMATION, lines 1 through 4, the 

language ‘‘Title: Notice of Proposed 

Rulemaking, Health Insurance 

Portability for Group Health Plans, and 

temporary regulation, Interim Rules for 

Health Insurance’’ is corrected to read 

‘‘Title: Health Insurance Portability for 

Group Health Plans, and Rules for 

Health Insurance’’. 

Cynthia E. Grigsby, 

Acting Chief, Publications and Regulations 

Branch, Legal Processing Division, Associate 

Chief Counsel (Procedures and 

Administration). 

[FR Doc. E5–4898 Filed 9–8–05; 8:45 am] 

BILLING CODE 4830–01–P 

DEPARTMENT OF THE TREASURY 

Internal Revenue Service 

Open Meeting of the Area 7 Taxpayer 

Advocacy Panel (Including the States 

of Alaska, California, Hawaii, and 

Nevada) 

AGENCY: Internal Revenue Service (IRS), 

Treasury. 

ACTION: Amended notice. 

SUMMARY: The open meeting of the Area 

7 committee of the Taxpayer Advocacy 

Panel that was published in the Federal 

Register on August 23, 2005, has been 

rescheduled. The Taxpayer Advocacy 

Panel (TAP) is soliciting public 

comments, ideas, and suggestions on 

improving customer service at the 

Internal Revenue Service. The TAP will 

use citizen input to make 

recommendations to the Internal 

Revenue Service. 

DATES: The meeting will be held 

Wednesday, September 28, 2005.