44488 Federal Register / Vol. 82, No. 183 / Friday, September 22, 2017 / Notices 

group. Representatives of the 

Administrator and Director serve 

alternating 1-year terms as chairman of 

the advisory group. 

In accordance with the Act, the 

advisory group provides ‘‘advice, 

information, and recommendations to 

the Administrator and the Director— 

(1) On the implementation of this title 

[the Act] and the amendments made by 

this title; 

(2) On commonly accepted quiet 

aircraft technology for use in 

commercial air tour operations over a 

national park or tribal lands, which will 

receive preferential treatment in a given 

air tour management plan; 

(3) On other measures that might be 

taken to accommodate the interests of 

visitors to national parks; and 

(4) At the request of the Administrator 

and the Director, safety, environmental, 

and other issues related to commercial 

air tour operations over a national park 

or tribal lands.’’ 

Membership 

The current NPOAG is made up of 

one member representing general 

aviation, three members representing 

the commercial air tour industry, four 

members representing environmental 

concerns, and two members 

representing Native American interests. 

Current members of the NPOAG are as 

follows: 

Melissa Rudinger representing general 

aviation; Alan Stephen, Matt Zuccaro, 

and Mark Francis representing 

commercial air tour operators; Rob 

Smith representing environmental 

interests with three open seats; and 

Leigh Kuwanwisiwma and Martin 

Begaye representing Native American 

tribes. 

Selections 

The persons selected to fill the 

current open seats representing 

environmental concerns are Dick 

Hingson, Les Blomberg, and John 

Eastman. These newly selected 

members’ 3-year terms will begin on the 

publication date of this notice. 

Issued in Hawthorne, CA, on September 

13, 2017. 

Keith Lusk, 

Program Manager, Special Programs Staff, 

Western-Pacific Region. 

[FR Doc. 2017–20332 Filed 9–21–17; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

National Highway Traffic Safety 

Administration 

[Docket No. NHTSA–2017–0071; Notice 1] 

Sumitomo Rubber Industries, Ltd., 

Receipt of Petition for Decision of 

Inconsequential Noncompliance 

AGENCY: National Highway Traffic 

Safety Administration (NHTSA), 

Department of Transportation (DOT). 

ACTION: Receipt of petition. 

SUMMARY: Sumitomo Rubber Industries, 

Ltd. (SRI), on behalf of itself and its 

subsidiary Sumitomo Rubber North 

America, Inc. (SRNA), have determined 

that certain Falken truck tires do not 

fully comply with Federal Motor 

Vehicle Safety Standard (FMVSS) No. 

119, New Pneumatic Tires for Motor 

Vehicles with a GVWR of more than 

4,536 kilograms (10,000 pounds) and 

Motorcycles. SRI filed a noncompliance 

report dated June 20, 2017. SRI also 

petitioned NHTSA on July 10, 2017, for 

a decision that the subject 

noncompliance is inconsequential as it 

relates to motor vehicle safety. 

DATES: The closing date for comments 

on the petition is October 23, 2017. 

ADDRESSES: Interested persons are 

invited to submit written data, views, 

and arguments on this petition. 

Comments must refer to the docket and 

notice number cited in the title of this 

notice and submitted by any of the 

following methods: 

• Mail: Send comments 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. 

• Hand Delivery: Deliver comments 

by hand 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. 

• Electronically: Submit comments 

electronically by logging onto the 

Federal Docket Management System 

(FDMS) Web site at https://

www.regulations.gov/. Follow the online 

instructions for submitting comments. 

• Comments may also be faxed to 

(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 comments you have 

submitted by mail were received, please 

enclose a stamped, self-addressed 

postcard with the comments. Note that 

all comments received will be posted 

without change to https://

www.regulations.gov, including any 

personal information provided. 

All comments and supporting 

materials received before the close of 

business on the closing date indicated 

above will be filed in the docket and 

will be considered. All comments and 

supporting materials received after the 

closing date will also be filed and will 

be considered to the fullest extent 

possible. 

When the petition is granted or 

denied, notice of the decision will also 

be published in the Federal Register 

pursuant to the authority indicated at 

the end of this notice. 

All comments, background 

documentation, and supporting 

materials submitted to the docket may 

be viewed by anyone at the address and 

times given above. The documents may 

also be viewed on the Internet at https:// 

www.regulations.gov by following the 

online instructions for accessing the 

dockets. The docket ID number for this 

petition is shown in the heading of this 

notice. 

DOT’s complete Privacy Act 

Statement is available for review in a 

Federal Register notice published on 

April 11, 2000 (65 FR 19477–78). 

SUPPLEMENTARY INFORMATION: 

I. Overview: Sumitomo Rubber 

Industries, Ltd. (SRI), on behalf of itself 

and its subsidiary Sumitomo Rubber 

North America, Inc. (SRNA), have 

determined that certain Falken truck 

tires do not fully comply with paragraph 

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

Pneumatic Tires for Motor Vehicles with 

a GVWR of more than 4,536 kilograms 

(10,000 pounds) and Motorcycles. SRI 

filed a noncompliance report dated June 

20, 2017, pursuant to 49 CFR part 573, 

Defect and Noncompliance 

Responsibility and Reports. SRI also 

petitioned NHTSA on July 10, 2017, 

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

30120(h) and 49 CFR part 556, for an 

exemption from the notification and 

remedy requirements of 49 U.S.C. 

Chapter 301 on the basis that this 

noncompliance is inconsequential as it 

relates to motor vehicle safety. 

This notice of receipt of SRI and 

SRNA’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. 

Federal Register / Vol. 82, No. 183 / Friday, September 22, 2017 / Notices 44489 

II. Tires Involved: Approximately 

5,408 Falken truck tires (Model RI151), 

size 225/70R19.5, manufactured 

between October 17, 2016, and April 28, 

2017, are potentially involved. 

III. Noncompliance: SRI explains that 

the noncompliance is that the number of 

plies indicated on the sidewall of the 

subject tires do not match the actual 

number of plies in the tire construction, 

and therefore, do not meet all applicable 

requirements specified in paragraph 

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

the tires are marked with ‘‘TREAD 5 

PLIES STEEL’’ whereas the correct 

marking should be ‘‘TREAD 4 PLIES 

STEEL.’’ 

IV. Rule Text: Paragraph S6.5 of 

FMVSS No. 119 states, in pertinent part: 

S6.5 Tire Markings. Except as specified in 

this paragraph, each tire shall be marked on 

each sidewall with the information specified 

in paragraphs (a) through (j) of this 

section . . . 

* * * * * 

(f) The actual number of plies and the 

composition of the ply cord material in the 

sidewall and, if different, in the tread area. 

V. Summary of SRI’s Petition: As 

background, On June 12, 2017, SRI 

discovered that a population of 5,408 

Falken brand truck tires, Model RI151, 

size 225/70Rl9.5 128/126L, 

manufactured from October 17, 2016 

through April 28, 2017 at the company’s 

plant in Miyazaki, Japan, were marked 

with the incorrect number of plies. On 

July 13, 2017, SRNA was informed of 

the marking error, shipments of the 

subject tires were halted, and the 

company determined that the subject 

tires failed to comply with the tire 

labeling requirements of Federal motor 

vehicle safety standard (FMVSS) No. 

119, S6.5. Specifically, the subject tires 

were incorrectly marked ‘‘TREAD 5 

PLIES STEEL,’’ although they should 

have been marked ‘‘TREAD 4 PLIES 

STEEL.’’ Accordingly, these tires do not 

conform to the marking requirements of 

FMVSS No. 119, S6.5. The subject tires 

comply with the performance 

requirements and other marking 

requirements of FMVSS No. 119. 

SRI submitted a Part 573 

noncompliance report on June 20, 2017. 

NHTSA Recall No. l7T–012. SRI 

corrected the production molds. SRI 

began manufacturing correct versions of 

these tires on June 17, 2017. 

SRI described the subject 

noncompliance and stated its belief that 

the noncompliance is inconsequential 

as it relates to motor vehicle safety. 

In support of its petition, SRI 

submitted the following reasoning: 

Under the Safety Act, each Federal 

motor vehicle safety standard 

promulgated by the National Highway 

Traffic Safety Administration (NHTSA) 

must be ‘‘practicable, meet the need for 

motor vehicle safety, and be stated in 

objective terms.’’ 49 U.S.C. 3011l(a). The 

Safety Act defines ‘‘motor vehicle 

safety’’ as: 

the performance of a motor vehicle or motor 

vehicle equipment in a way that protects the 

public against unreasonable risk of accidents 

occurring because of the design, construction 

or performance of a motor vehicle, and 

against unreasonable risk of death or injury 

in an accident, and includes nonoperational 

safety of a motor vehicle. 

49 U.S.C. 30102(a)(8) (emphasis 

added). 

The Safety Act exempts 

manufacturers from the Safety Act’s 

notice and remedy requirements when 

the Secretary of Transportation 

determines that a defect or 

noncompliance is inconsequential as it 

relates to motor vehicle safety. See 49 

U.S.C. 30118(d). Section 30118(d) 

demonstrates Congress’s 

acknowledgment that there are cases 

where a manufacturer has failed to 

comply with a safety standard, yet the 

impact on motor vehicle safety is so 

slight that an exemption from the notice 

and remedy requirements of the Safety 

Act is justified. NHTSA has stated that 

the relevant consideration in evaluating 

an inconsequentiality petition is 

‘‘whether an occupant who is affected 

by the noncompliance is likely to be 

exposed to a significantly greater risk 

than an occupant in a compliant 

vehicle.’’ 69 FR 19897, 19900 (April 14, 

2004) (emphasis added). 

In the context of tires specifically, the 

agency has similarly stated that it 

‘‘believes that one measure of 

inconsequentiality to motor vehicle 

safety is that there is no effect of the 

noncompliance on the operational 

safety of vehicles on which the tires are 

mounted. Another measure of 

inconsequentiality . . . is the safety of 

people working in the tire retread, 

repair and recycling industries.’’ See 72 

FR 18210 (April 17, 2017) (granting 

petition for determination of 

inconsequential noncompliance with 

respect to Goodyear tires marked with 

the incorrect number of plies). 

We believe the labeling 

noncompliance at issue here is 

inconsequential to motor vehicle safety. 

The subject Falken tires were 

manufactured as designed and meet or 

exceed all applicable FMVSS No. 119 

performance standards. Furthermore, all 

of the sidewall markings related to tire 

service (load capacity, corresponding 

inflation pressure, etc.) are correct and 

the tires correctly show that they 

contain steel plies. SRI does not believe 

the mislabeling of these tires presents a 

safety concern for consumers or 

retreading and recycling personnel. As 

noted above, the affected tire mold has 

been corrected and tires produced on 

and after June 17, 2017, are marked with 

the correct number of plies. 

NHTSA has previously granted 

petitions involving similar 

noncompliances. In the most recent of 

these, the agency explained: 

Although tire construction affects the 

strength and durability of tires, 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 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 judgement, 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 a tire. 

See 72 FR 18210 (April 17,2017). 

Regarding potential safety risks to the 

tire service industry, the agency 

concluded that a misstatement of the 

number of plies ‘‘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, because the 

sidewall markings indicate that some 

steel plies exist in the tire sidewall, this 

potential safety concern does not exist.’’ 

Id. As noted above, the markings on the 

subject tires correctly indicate that they 

contain steel plies (although the number 

is misstated as 5 instead of 4). 

NHTSA also granted similar petitions 

involving tires manufactured by Cooper 

Tire and Goodyear (Dunlop). See 74 FR 

10804 (March 12, 2009) (granting 

petition submitted by Goodyear where 

tires were labeled ‘‘Tread 3 Polyester + 

2 Steel,’’ whereas the correct marking 

should have been ‘‘Tread 2 Polyester + 

2 Steel + 2 Polyester’’); and 82 FR 17075 

(April 7, 2017) (granting petition 

submitted by Cooper Tire & Rubber 

Company where tires were marked 

‘‘TREAD 1 PLY NYLON + 2 PLY STEEL 

+ 2 PLY POLYESTER,’’ whereas the 

correct marking should have been 

‘‘TREAD 1 PLY NYLON + 2 PLY STEEL 

+ 1 PLY POLYESTER.’’ 

SRI is not aware of any warranty 

claims, field reports, customer 

complaints, legal claims, or any 

incidents or injuries related to the 

subject condition. 

44490 Federal Register / Vol. 82, No. 183 / Friday, September 22, 2017 / Notices 

SRI concluded by expressing the 

belief that the subject noncompliance is 

inconsequential as it relates to motor 

vehicle safety, and that its petition to be 

exempted from providing notification of 

the noncompliance, as required by 49 

U.S.C. 30118, and a remedy for the 

noncompliance, as required by 49 

U.S.C. 30120, should be granted. 

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, any 

decision on this petition only applies to 

the subject tires that SRI no longer 

controlled at the time it determined that 

the noncompliance existed. However, 

any decision on this petition does not 

relieve equipment 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 SRI notified 

them that the subject noncompliance 

existed. 

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

delegations of authority at 49 CFR 1.95 and 

501.8) 

Jeffrey M. Giuseppe, 

Director, Office of Vehicle Safety Compliance. 

[FR Doc. 2017–20248 Filed 9–21–17; 8:45 am] 

BILLING CODE 4910–59–P 

DEPARTMENT OF THE TREASURY 

Internal Revenue Service 

Proposed Collection; Comment 

Request for Regulation Project 

AGENCY: Internal Revenue Service (IRS), 

Treasury. 

ACTION: Notice and request for 

comments. 

SUMMARY: The Internal Revenue Service, 

as part of its effort to reduce paperwork 

and respondent burden, invites the 

general public and Federal agencies to 

take this opportunity to comment on 

proposed and/or continuing information 

collections, as required by the 

Paperwork Reduction Act of 1995. The 

IRS is soliciting comments concerning 

Treatment of Gain From the Disposition 

of Interest in Certain Natural Resource 

Recapture Property by S Corporations 

and Their Shareholders. 

DATES: Written comments should be 

received on or before November 21, 

2017 to be assured of consideration. 

ADDRESSES: Direct all written comments 

to L. Brimmer, Internal Revenue 

Service, Room 6526, 1111 Constitution 

Avenue NW., Washington, DC 20224. 

Requests for additional information or 

copies of the information collection 

should be directed to LaNita Van Dyke, 

or at Internal Revenue Service, Room 

6526, 1111 Constitution Avenue NW., 

Washington, DC 20224, or through the 

internet, at Lanita.VanDyke@irs.gov. 

SUPPLEMENTARY INFORMATION: 

Title: Treatment of Gain From the 

Disposition of Interest in Certain 

Natural Resource Recapture Property by 

S Corporations and Their Shareholders. 

OMB Number: 1545–1493. 

Regulation Project Number: T.D. 8684. 

Abstract: This regulation prescribes 

rules under Code section 1254 relating 

to the treatment by S corporations and 

their shareholders of gain from the 

disposition of natural resource recapture 

property and from the sale or exchange 

of S corporation stock. Section 1.1254– 

4(c)(2) of the regulation provides that 

gain recognized on the sale or exchange 

of S corporation stock is not treated as 

ordinary income if the shareholder 

attaches a statement to his or her return 

containing information establishing that 

the gain is not attributable to section 

1254 costs. 

Current Actions: There is no change to 

this existing regulation. 

Type of Review: Extension of a 

currently approved collection. 

Affected Public: Business or other forprofit organizations, and individuals. 

Estimated Number of Respondents: 

1,000. 

Estimated Time per Respondent: 1 

hour. 

Estimated Total Annual Burden 

Hours: 1,000. 

The following paragraph applies to all 

of the collections of information covered 

by this notice: 

An agency may not conduct or 

sponsor, and a person is not required to 

respond to, a collection of information 

unless the collection of information 

displays a valid OMB control number. 

Books or records relating to a collection 

of information must be retained as long 

as their contents may become material 

in the administration of any internal 

revenue law. Generally, tax returns and 

tax return information are confidential, 

as required by 26 U.S.C. 6103. 

Request for Comments: Comments 

submitted in response to this notice will 

be summarized and/or included in the 

request for OMB approval. All 

comments will become a matter of 

public record. Comments are invited on: 

(a) Whether the collection of 

information is necessary for the proper 

performance of the functions of the 

agency, including whether the 

information shall have practical utility; 

(b) the accuracy of the agency’s estimate 

of the burden of the collection of 

information; (c) ways to enhance the 

quality, utility, and clarity of the 

information to be collected; (d) ways to 

minimize the burden of the collection of 

information on respondents, including 

through the use of automated collection 

techniques or other forms of information 

technology; and (e) estimates of capital 

or start-up costs and costs of operation, 

maintenance, and purchase of services 

to provide information. 

Approved: September 13, 2017. 

L. Brimmer, 

Senior Tax Analyst. 

[FR Doc. 2017–20241 Filed 9–21–17; 8:45 am] 

BILLING CODE 4830–01–P 

DEPARTMENT OF THE TREASURY 

Internal Revenue Service 

Proposed Collection; Comment 

Request for Form 8823 

AGENCY: Internal Revenue Service (IRS), 

Treasury. 

ACTION: Notice and request for 

comments. 

SUMMARY: The Internal Revenue Service, 

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 proposed 

and/or continuing information 

collections, as required by the 

Paperwork Reduction Act of 1995. 

Currently, the IRS is soliciting 

comments concerning Form 8823, LowIncome Housing Credit Agencies Report 

of Noncompliance or Building 

Disposition. 

DATES: Written comments should be 

received on or before November 21, 

2017 to be assured of consideration. 

ADDRESSES: Direct all written comments 

to, L. Brimmer, Internal Revenue 

Service, Room 6526, 1111 Constitution 

Avenue NW., Washington, DC 20224. 

Requests for additional information or 

copies of the form and instructions 

should be directed to, LaNita Van Dyke, 

or through the internet at 

LanitaVanDyke@irs.gov. 

SUPPLEMENTARY INFORMATION: 

Title: Low-Income Housing Credit 

Agencies Report of Noncompliance or 

Building Disposition.