Federal Register / Vol. 70, No. 225 / Wednesday, November 23, 2005 / Notices 70915 

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. 

Michelin produced approximately 

9,816 BFGoodrich Radial T/A tires 

during the period from February 20, 

2005 through April 7, 2005 that do not 

comply with FMVSS No. 109, S4.3(d) 

and S4.3(e). S4.3 of FMVSS No. 109 

requires that ‘‘each tire shall have 

permanently molded into or onto both 

sidewalls * * * (d) The generic name of 

each cord material used in the plies 

* * * of the tire’’ and ‘‘(e) Actual 

number of plies in the sidewall, and the 

actual number of plies in the tread area 

if different.’’ The noncompliant tires 

were marked ‘‘tread plies 2 polyester + 

2 steel; sidewall plies 2 polyester + 1 

nylon.’’ The correct marking should 

read ‘‘tread plies 2 polyester + 2 steel + 

1 nylon; sidewall plies 2 polyester.’’

Michelin believes that the 

noncompliance is inconsequential to 

motor vehicle safety and that no 

corrective action is warranted. Michelin 

stated that NHTSA has consistently 

found that ply labeling noncompliances 

are inconsequential to motor vehicle 

safety and has consistently granted 

inconsequential noncompliance 

petitions on that basis. Michelin also 

stated that all load and inflation 

pressure markings are present and the 

noncompliant tires meet or exceed all of 

the FMVSS No. 109 minimum 

performance requirements. 

The Transportation Recall, 

Enhancement, Accountability, and 

Documentation (TREAD) Act (Public 

Law 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 

Michelin’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. In addition, the tires are 

certified to meet all the performance 

requirements of FMVSS No. 109 and all 

other informational markings as 

required by FMVSS No. 109 are present. 

Michelin 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, Michelin’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: November 17, 2005. 

Daniel C. Smith, 

Associate Administrator for Enforcement. 

[FR Doc. 05–23137 Filed 11–22–05; 8:45 am] 

BILLING CODE 4910–59–P 

DEPARTMENT OF TRANSPORTATION 

National Highway Traffic Safety 

Administration 

[Docket No. NHTSA–2005–22971; Notice 1] 

Weekend Warrior Trailers, Inc., Receipt 

of Petition for Decision of 

Inconsequential Noncompliance 

Weekend Warrior Trailers, Inc. 

(Weekend Warrior) has determined that 

certain ramp-equipped travel trailers 

that it produced in 2001 through 2005 

do not comply with 49 CFR 571.108, 

Federal Motor Vehicle Safety Standard 

(FMVSS) No. 108, ‘‘Lamps, reflective 

devices, and associated equipment.’’

Weekend Warrior has filed an 

appropriate report pursuant to 49 CFR 

part 573, ‘‘Defect and Noncompliance 

Reports.’’

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

30120(h), Weekend Warrior 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 Weekend 

Warrior’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 a total of approximately 

13,447 ramp-equipped travel trailers 

produced between January 2001 and 

September 2005. FMVSS No. 108 

requires that these vehicles be equipped 

with amber intermediate side marker 

lamps and reflex reflectors, and red 

identification lamps. However, the 

subject vehicles are not equipped with 

these devices. 

Weekend Warrior believes that the 

noncompliance is inconsequential to 

motor vehicle safety and that no 

corrective action is warranted. Weekend 

Warrior states that the noncompliance 

has caused no safety related accidents or 

injuries, and that it has received no 

customer complaints or notification of 

injuries or deaths related to the absence 

of the required items. 

Interested persons are invited to 

submit written data, views, and 

arguments on the petition described 

above. 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. Mail: Docket Management 

Facility, U.S. Department of 

Transportation, Nassif Building, Room 

PL–401, 400 Seventh Street, SW., 

Washington, DC 0590–0001. Hand 

Delivery: Room PL–401 on the plaza 

level of the Nassif Building, 400 

Seventh Street, SW., Washington, DC. It 

is requested, but not required, that two 

copies of the comments be provided. 

The Docket Section is open on 

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

Federal Holidays. Comments may be 

submitted electronically by logging onto 

the Docket Management System Web 

site at http://dms.dot.gov. Click on 

‘‘Help’’ to obtain instructions for filing 

the document electronically. Comments 

may be faxed to 1–202–493–2251, or 

may be submitted to the Federal 

eRulemaking Portal: go to http:// 

www.regulations.gov. Follow the online 

instructions for submitting comments. 

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. 

70916 Federal Register / Vol. 70, No. 225 / Wednesday, November 23, 2005 / Notices 

Comment closing date: December 23, 

2005. 

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

delegations of authority at CFR 1.50 and 

501.8. 

Issued on: November 17, 2005. 

Daniel C. Smith, 

Associate Administrator for Enforcement. 

[FR Doc. 05–23136 Filed 11–22–05; 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, 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 December 23, 2005. 

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, 

Nassif Building, 400 7th Street, SW., 

Washington, DC or at http:// 

dms.dot.gov. 

This notice of receipt of applications 

for special permits 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 November 

17, 2005. 

R. Ryan Posten, 

Chief, Special Permits Program, Office of 

Hazardous Materials Special Permits & 

Approvals. 

NEW SPECIAL PERMITS

Application 

No. 

Docket 

No. Applicant Regulation(s) affected Nature of special permits thereof 

14266–N ........ ........................ NCF Industries, Inc. 49 CFR 173.302a, 

173.304a.

To authorize the manufacture, mark, sale and use of nonDOT specification fiber reinforced hoop wrapped cylinders 

with water capacities with water capacities of up to 120 

cubic feet for use in transporting certain Class 2 gases. 

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

14267–N ........ ........................ Department of Energy.49 CFR 173.417(a)(1) .. To authorize the transportation in commerce of waste fissile 

uranium contaminated equipment in DOT 7A, Type A 

packaging when transported by motor vehicle or rail. 

(modes 1, 2) 

14269–N ........ ........................ Texmark Chemicals, 

Inc. Galena Park, 

TX.

49 CFR 177.834(i); and 

174.67(j).

To authorize alternative attendance requirements for loading 

and unloading Class 3 flammable liquids transported by 

motor vehicle and rail in cargo tanks, portable tanks and 

rail cars. (modes 1, 2) 

14270–N ........ ........................ Piper Metal Forming 

Corporation New 

Albany, MS.

49 CFR 173.302a, 

173.304a.

To authorize the manufacture, mark, sale and use of nonDOT specification cylinders conforming to all regulations 

applicable to a DOT specification 3AL cylinder except that 

the material of construction is aluminum alloy 6969. 

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

14271–N ........ ........................ Florida Power and 

Light Co. Jensen 

Beach, FL.

49 CFR 173.403, 

173.427(b), 

173.465(c) and (d).

To authorize the transportation in commerce of a Class 7 nuclear reactor head in alternative packaging. (modes 1, 3) 

14272–N ........ ........................ Arrow Tank and Engineering Co. 

Minneapolis, MN.

49 CFR 173.5a ............. To authorize the transportation in commerce of a non-specification cargo tank (volumetric meter prover) containing 

the residue of a Division 2.1 material. (mode 1) 

14273–N ........ ........................ Garden State Tobacco d/b/a H.J. 

Bailey Co. Neptune, NJ.

49 CFR 172.102 Special provision N10; 

173.308.

To authorize the transportation in commerce of lighters in 

non-DOT specification packaging without marking the approval number (T number) on the outer package. (mode 1) 

14274–N ........ ........................ Horiba Instruments, 

Inc. Irvine, CA.

49 CFR 177.834(h) ....... To authorize the discharge of a Division 2.1 material from an 

authorized DOT specification cylinder without removing the 

cylinder from the vehicle on which it is transported. (mode 

1) 

14275–N ........ ........................ Hawk FRP, LLC 

Ardmore, OK.

49 CFR 178.345 ........... To authorize the manufacture, mark, sale and use of nonDOT specification cargo tanks construct of fiberglass reinforced plastic for use in transporting various hazardous 

materials. (mode 1) 

14276–N ........ ........................ Environmental 

Packaging Technologies Atkinson, 

NH.

49 CFR 173.12(b) ......... To authorize the manufacture, marking and sale of a corrugated fiberboard box for use as the outer packaging for 

lab pack applications. (mode 1)