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Federal Register / Vol. 72, No.

44 / Wednesday, March 7, 2007 / Notices 10293

Federal Highway Administration— Issued on: March 1, 2007. radial tires for light vehicles.’’ Pursuant
Tennessee Division Office, 640 Karen M. Brunelle, to 49 U.S.C. 30118(d) and 30120(h),
Grassmere Park Road, Suite 112, Planning and Program Management Team Hankook has petitioned for a
Nashville, TN 37211. 615–781–5772. Leader, Nashville, TN. determination that this noncompliance
[FR Doc. E7–4027 Filed 3–6–07; 8:45 am] is inconsequential to motor vehicle
SUPPLEMENTARY INFORMATION: The safety and has filed an appropriate
BILLING CODE 4910–22–P
FHWA in cooperation with the report pursuant to 49 CFR Part 573,
Tennessee Department of ‘‘Defect and Noncompliance Reports.’’
Transportation will prepare an DEPARTMENT OF TRANSPORTATION Notice of receipt of a petition was
environmental impact statement (EIS) published, with a 30-day comment
on a proposal to upgrade the existing Federal Motor Carrier Safety period, on December 13, 2006, in the
roadway from State Route-64 at Bolivar Administration Federal Register (71 FR 74995). NHTSA
to State Route-100, a distance of received no comments.
approximately 10 miles. Sunshine Act Meetings; Unified Carrier Affected are a total of approximately
Registration Plan Board of Directors 283,815 passenger car temporary spare
Alternatives to be considered include:
AGENCY: Federal Motor Carrier Safety tires produced between January 2005
(1) No-build; (2) a Transportation
Administration (FMCSA), DOT. and September 2006. Although Hankook
System Management (TSM) alternative; asserted that they had certified the
(3) one or more build alternatives that TIME AND DATE: March 15, 2007, 1 p.m.
subject tires to the requirements of
could include constructing a roadway to 4:20 p.m., Eastern Daylight Time. FMVSS No. 139, only tires
on a new location, upgrading existing PLACE: This meeting will take place manufactured between June 26, 2003
State Route-18, or a combination of telephonically. Any interested person and January 6, 2006 were permitted, at
both, and (4) other alternatives that may may call Mr. Avelino Gutierrez at (505) the manufacturer’s option, to be
arise from public input. Public scoping 827–4565 to receive the toll free number certified to the requirements of FMVSS
meetings will be held for the project and pass code needed to participate in No. 139.1 See ‘‘Federal Motor Vehicle
corridor. As part of the scoping process, this meeting by telephone. Safety Standards; Tires,’’ 68 FR 38116
federal, state, and local agencies and STATUS: Open to the public. (June 26, 2003) and 71 FR 877 (January
officials; private organizations; citizens; MATTERS TO BE CONSIDERED: The Unified 6, 2006). For tires manufactured after
and interest groups will have an Carrier Registration Plan Board of January 6, 2006, FMVSS No. 109, ‘‘New
opportunity to identify issues of Directors (the Board) will continue its Pneumatic Tires’’ is the only safety
concern and provide input on the work in developing and implementing standard to which temporary spares
purpose and need for the project, range the Unified Carrier Registration Plan could be certified. Therefore, Hankook’s
of alternatives, methodology, and the and Agreement. The Board may petition is being processed as applying
development of the Environmental consider and adopt recommendations to FMVSS No. 109 in addition to
Impact Statement. A Coordination Plan made to the Board by its Revenue and FMVSS No. 139. In either standard, the
will be developed to include the public Fees Subcommittee to revise the fee noncompliance issue is the same;
in the project development process. scale that the Board originally however, different paragraphs are
This plan will utilize the following recommended to the Federal Motor referenced for the two standards. S4.3.5
Carrier Safety Administration and other of FMVSS No. 109 and S5.5.5 of FMVSS
outreach efforts to provide information
matters that may properly come before No. 139 require that the tires have a
and solicit input: newsletters, an
the Board. sidewall marking ‘‘inflate to 420 kPa (60
Internet Web site, e-mail and direct psi)’’ of no less than 12.7 mm high. In
mail, informational meetings and FOR FURTHER INFORMATION CONTACT: Mr.
the marking on the noncompliant tires,
briefings, public hearings, and other Avelino Gutierrez, Chair, Unified
the letters ‘‘a’’ and ‘‘s’’ are 12.3 mm and
efforts as necessary and appropriate. A Carrier Registration Board of Directors at 11.9 mm high respectively. Hankook has
public hearing will be held upon (505) 827–4565. corrected the problems that caused
completion of the Draft Environmental Dated: March 5, 2007. these errors so that they will not be
Impact Statement and public notice will John H. Hill, repeated in future productions.
be given of the time and place of the Administrator. Hankook believes that the
hearing. The Draft EIS will be available [FR Doc. 07–1086 Filed 3–5–07; 2:02 pm] noncompliance is inconsequential to
for public and agency review and BILLING CODE 4910–EX–P
motor vehicle safety and that no
comment prior to the public hearings. corrective action is warranted. Hankook
To ensure that the full range of issues states that the noncompliance ‘‘affects
related to this proposed action are DEPARTMENT OF TRANSPORTATION consumer information only and does
identified and taken into account, not affect safety of the tires.’’ Hankook
National Highway Traffic Safety further states that the tires comply with
comments and suggestions are invited
Administration all other FMVSS requirements.
from all interested parties. Comments NHTSA agrees with Hankook that the
and questions concerning the proposed [Docket No. NHTSA 2006–26421; Notice 2]
noncompliance is inconsequential to
action should be directed to the FHWA motor vehicle safety. As Hankook states,
contact person identified above at the Hankook Tire Co., Ltd.; Grant of
Petition for Decision of even with the reduced size of the ‘‘a’’
address provided above. and ‘‘s’’ on the sidewall marking the
Inconsequential Noncompliance
(Catalog of Federal Domestic Assistance user or purchaser of the tire can still
Hankook Tire Co., Ltd. (Hankook) has
sroberts on PROD1PC70 with NOTICES

Program Number 20.205, Highway Planning


and Construction. The regulations determined that certain tires that it 1 All temporary spares were required to be

implementing Executive Order 12372 produced in 2005 and 2006 do not certified to FMVSS No. 109 until June 26, 2003
when FMVSS No. 139 took effect. However, the
regarding intergovernmental consultation on comply with S5.5.5 of 49 CFR 571.139, agency moved temporary spares back to FMVSS No.
Federal programs and activities apply to this Federal Motor Vehicle Safety Standard 109 after January 6, 2006 by granting a petition for
proposed program) (FMVSS) No. 139, ‘‘New pneumatic reconsideration.

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10294 Federal Register / Vol. 72, No. 44 / Wednesday, March 7, 2007 / Notices

read the letters. Therefore, the Safety Standards; Tires,’’ 68 FR 38116 DEPARTMENT OF TRANSPORTATION
noncompliance does not affect the (June 26, 2003) and 71 FR 877 (January
safety of the tire or its use. 6, 2006). For tires manufactured after National Highway Traffic Safety
In consideration of the foregoing, January 6, 2006, FMVSS No. 109, ‘‘New Administration
NHTSA has decided that the petitioner Pneumatic Tires’’ is the only safety
has met its burden of persuasion that [Docket No. NHTSA 2006–26423; Notice 2]
standard to which temporary spares
the noncompliance described is could be certified. Therefore, Hankook’s
inconsequential to motor vehicle safety. Hankook Tire Co., Ltd.; Grant of
petition is being processed as applying Petition for Decision of
Accordingly, Hankook’s petition is to FMVSS No. 109 in addition to
granted and the petitioner is exempted Inconsequential Noncompliance
FMVSS No. 139. In either standard, the
from the obligation of providing Hankook Tire Co., Ltd. (Hankook) has
noncompliance issue is the same;
notification of, and a remedy for, the determined that certain tires that it
however, different paragraphs are
noncompliance. produced in 2001 through 2006 do not
referenced for the two standards. S4.3.5
(Authority: (49 U.S.C. 30118, 30120; of FMVSS No. 109 and S5.5.5 of FMVSS comply with S5.5(h) of 49 CFR 571.139,
delegations of authority at CFR 1.50 and Federal Motor Vehicle Safety Standard
501.8)) No. 139 require that the tires have a
(FMVSS) No. 139, ‘‘New pneumatic
sidewall marking ‘‘inflate to 420 kPa (60
Issued on: February 28, 2007. radial tires for light vehicles.’’ Pursuant
psi)’’ of no less than 12.7 mm high. In
Daniel C. Smith, to 49 U.S.C. 30118(d) and 30120(h),
the marking on the noncompliant tires, Hankook has petitioned for a
Associate Administrator for Enforcement. the letters are 8 mm high. Hankook has
[FR Doc. E7–3925 Filed 3–6–07; 8:45 am]
determination that this noncompliance
corrected the problems that caused is inconsequential to motor vehicle
BILLING CODE 4910–59–P these errors so that they will not be safety and has filed an appropriate
repeated in future productions. report pursuant to 49 CFR part 573,
DEPARTMENT OF TRANSPORTATION Hankook believes that the ‘‘Defect and Noncompliance Reports.’’
noncompliance is inconsequential to Notice of receipt of a petition was
National Highway Traffic Safety motor vehicle safety and that no published, with a 30-day comment
Administration corrective action is warranted. Hankook period, on December 15, 2006, in the
states that the noncompliance ‘‘affects Federal Register (71 FR 75610). NHTSA
[Docket No. NHTSA 2006–26422; Notice 2]
consumer information only and does received no comments.
Hankook Tire Co., Ltd.; Grant of not affect safety of the tires.’’ Hankook Affected are a total of approximately
Petition for Decision of further states that the tires comply with 99,620 passenger car temporary spare
Inconsequential Noncompliance all other FMVSS requirements. tires produced between January 2001
through September 2006. Although
Hankook Tire Co., Ltd. (Hankook) has NHTSA agrees with Hankook that the Hankook asserted that they had certified
determined that certain tires that it noncompliance is inconsequential to the subject tires to the requirements of
produced in 2005 and 2006 do not motor vehicle safety. As Hankook states, FMVSS No. 139, only tires
comply with S5.5.5 of 49 CFR 571.139, even with the reduced size of the 8mm manufactured between June 26, 2003
Federal Motor Vehicle Safety Standard on the sidewall marking, the user or and January 6, 2006 were permitted, at
(FMVSS) No. 139, ‘‘New pneumatic purchaser of the tire can still read the the manufacturer’s option, to be
radial tires for light vehicles.’’ Pursuant letters. Therefore, the noncompliance certified to the requirements of FMVSS
to 49 U.S.C. 30118(d) and 30120(h), does not affect the safety of the tire or No. 139.1 See ‘‘Federal Motor Vehicle
Hankook has petitioned for a its use. Safety Standards; Tires,’’ 68 FR 38116
determination that this noncompliance (June 26, 2003) and 71 FR 877 (January
In consideration of the foregoing,
is inconsequential to motor vehicle 6, 2006). For tires manufactured before
NHTSA has decided that the petitioner
safety and has filed an appropriate June 26, 2003, or manufactured after
has met its burden of persuasion that
report pursuant to 49 CFR Part 573, January 6, 2006, FMVSS No. 109, ‘‘New
‘‘Defect and Noncompliance Reports.’’ the noncompliance described is
Pneumatic Tires’’ is the only safety
Notice of receipt of a petition was inconsequential to motor vehicle safety.
standard to which temporary spares
published, with a 30-day comment Accordingly, Hankook’s petition is
could be certified. Therefore, Hankook’s
period, on December 13, 2006, in the granted and the petitioner is exempted petition is being processed as applying
Federal Register (71 FR 74995). NHTSA from the obligation of providing to FMVSS No. 109 in addition to
received no comments. notification of, and a remedy for, the FMVSS No. 139. In either standard, the
Affected are a total of approximately noncompliance. noncompliance issue is the same;
19,606 passenger car temporary spare (Authority: 49 U.S.C. 30118, 30120; however, different paragraphs are
tires produced between October 2005 delegations of authority at CFR 1.50 and referenced for the two standards. S4.3(g)
and April 2006. Although Hankook 501.8.) of FMVSS No. 109 and S5.5(h) of
asserted that they had certified the FMVSS No. 139 require that the tires
subject tires to the requirements of Issued on: February 28, 2007.
have a sidewall marking ‘‘radial’’ if the
FMVSS No. 139, only tires Daniel C. Smith, tire is a radial ply tire. These tires lack
manufactured between June 26, 2003 Associate Administrator for Enforcement. the word ‘‘radial’’ in the sidewall
and January 6, 2006 were permitted, at [FR Doc. E7–3926 Filed 3–6–07; 8:45 am] marking. Hankook has corrected the
the manufacturer’s option, to be BILLING CODE 4910–59–P problem that caused these errors so that
certified to the requirements of FMVSS
sroberts on PROD1PC70 with NOTICES

No. 139.1 See ‘‘Federal Motor Vehicle 1 All temporary spares were required to be

certified to FMVSS No. 109 until June 26, 2003


1 All temporary spares were required to be when FMVSS No. 139 took effect. However, the
certified to FMVSS No. 109 until June 26, 2003 agency moved temporary spares back to FMVSS No.
when FMVSS No. 139 took effect. However, the 109 after January 6, 2006 by granting a petition for 109 after January 6, 2006 by granting a petition for
agency moved temporary spares back to FMVSS No. reconsideration. reconsideration.

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