You are on page 1of 2

Federal Register / Vol. 70, No.

136 / Monday, July 18, 2005 / Notices 41255

of 49 CFR 571.116, Federal Motor noncompliance arose from a ‘‘slush-like Issued on: July 8, 2005.
Vehicle Safety Standard (FMVSS) No. crystallization’’ that dispersed ‘‘under Ronald L. Medford,
116, ‘‘Motor vehicle brake fluids.’’ slight agitation or warming.’’ NHTSA Senior Associate Administrator for Vehicle
Pursuant to 49 U.S.C. 30118(d) and accepted Dow’s argument that its Safety.
30120(h), DOT Chemical has petitioned ‘‘slush-like crystallization’’ does not [FR Doc. 05–14033 Filed 7–15–05; 8:45 am]
for a determination that this consist of ‘‘crystals that are either water- BILLING CODE 4910–59–P
noncompliance is inconsequential to based ice, abrasive, or have the potential
motor vehicle safety and has filed an to clog brake system components.’’
appropriate report pursuant to 49 CFR NHTSA concurred with Dow’s DEPARTMENT OF TRANSPORTATION
part 573, ‘‘Defect and Noncompliance conclusion that ‘‘the crystallization that
Reports.’’ Notice of receipt of the National Highway Traffic Safety
occurred ought not to have an adverse Administration
petition was published, with a 30 day effect upon braking.’’ In the case of First
comment period, on April 14, 2005 in [Docket No. NHTSA–2005–21270; Notice 2]
Brands, the FMVSS No. 116
the Federal Register (70 FR 19837).
noncompliance arose from a ‘‘soft non-
NHTSA received one comment. Mercedes-Benz USA LLC, Grant of
Affected are a total of approximately abrasive gel’’ that also dispersed under
Petition for Decision of
50,000 containers of DOT 4 brake fluid, slight agitation or warming.
Inconsequential Noncompliance
lot numbers KMF02 and KMF03, NHTSA determines that facts leading
manufactured in June 2004. FMVSS No. to the grants of the inconsequential Mercedes-Benz USA LLC (Mercedes)
116 requires that, when tested as noncompliance petitions of Dow and has determined that the designated
referenced in S5.1.7 ‘‘Fluidity and First Brands are not analogous to the seating capacity placards for certain
appearance at low temperature,’’ S5.1.9 facts in DOT Chemical’s situation. In vehicles that it produced in 2004 do not
‘‘Water tolerance,’’ and S5.1.10 comply with S4.3(b) of 49 CFR 571.110,
contrast, DOT Chemical’s
‘‘Compatibility,’’ the brake fluid shall Federal Motor Vehicle Safety Standard
noncompliance results from ‘‘fiber-like
show no crystallization or (FMVSS) No. 110, ‘‘Tire selection and
crystals’’ made of borate salts. These
sedimentation. The subject brake fluid rims.’’ Pursuant to 49 U.S.C. 30118(d)
borate salt crystals did not disperse and 30120(h), Mercedes has petitioned
shows crystallization and sedimentation under slight agitation or warming, but
when tested as referenced in S5.1.7 at for a determination that this
had to be physically removed by noncompliance is inconsequential to
¥40 °F and ¥58 °F, sedimentation filtration. DOT Chemical asserts that
when tested as referenced in S5.1.9 at motor vehicle safety and has filed an
‘‘[f]iltration, using Whatman #40 filter appropriate report pursuant to 49 CFR
¥40 °F, and crystallization when tested paper (25–30 micron particle size)
as referenced in S5.1.10 at ¥40 °F. part 573, ‘‘Defect and Noncompliance
removed all crystals. The crystals are Reports.’’ Notice of receipt of a petition
DOT Chemical believes that the
approximately 30–50 microns in width was published, with a 30-day comment
noncompliance is inconsequential to
motor vehicle safety and that no and 3–5 mm in length.’’ DOT Chemical period, on June 2, 2005 in the Federal
corrective action is warranted. DOT does not explain how it can assure that Register (70 FR 32398). NHTSA
Chemical states that there are fiber-like crystals smaller than 25 microns in received no comments.
crystals in the fluid, which are borate width did not remain in the brake fluid. Affected are a total of approximately
salts, and Even assuming that all larger-sized 1,576 SLK class vehicles produced
crystals were removed from the fluid, between March 24, 2004 and December
are a natural part (no contamination) of DOT
NHTSA is concerned that crystals that 15, 2004. S4.3(b) of FMVSS No. 110
4 brake fluid production (just fallen out of
solution in some packaged goods) and have are of a size smaller than 25 microns by requires that a ‘‘placard, permanently
not demonstrated any flow restrictions even 3–5 mm would remain in the brake affixed to the glove compartment door
at extended periods of low temperatures at fluid. The thread-like nature of this type or an equally accessible location, shall
¥40 °F. Furthermore, when the fluid is display the * * * [d]esignated seating
subjected to temperatures in a normal
of crystallization has the potential to
capacity * * *.’’ The noncompliant
braking system, the crystals go back into clog brake system components,
vehicles have placards stating that the
solution in some cases not to reappear at all particularly in severe cold operation
seating capacity is four, when in fact the
at ambient temperatures. conditions. Impurities such as these in seating capacity is two.
NHTSA received one public comment the brake system may cause the system Mercedes believes that the
from a private individual. The issue to to fail, i.e., to lose the ability to stop the noncompliance is inconsequential to
be considered in determining whether vehicle over time due to the motor vehicle safety and that no
to grant this petition is the effect of the accumulation of compressible material corrective action is warranted. Mercedes
noncompliance on motor vehicle safety. in the brake lines. These impurities may states:
The public comment does not address also result in the failure of individual
* * * most, if not all, consumers will look
this issue, and therefore has no bearing brake system components due to the at the number of seats in the vehicle and the
on NHTSA’s determination. corrosive nature of the contaminants number of safety belts to determine its
NHTSA has reviewed the petition and themselves. capacity, rather than looking at the tire
has determined that the noncompliance In consideration of the foregoing, information placard. Because the SLK
is not inconsequential to motor vehicle NHTSA has decided that the petitioner Roadster is a two-seater vehicle with no rear
safety. seat, it is immediately obvious that the
has not met its burden of persuasion seating capacity is two and not four, and that
NHTSA notes that we granted
petitions for determinations of that the noncompliance described is it is not possible to seat four occupants in the
inconsequential noncompliance of inconsequential to motor vehicle safety. vehicle.
FMVSS No. 116 to Dow Corning Accordingly, DOT Chemical’s petition is Mercedes further states:
Corporation (59 FR 52582, October 18, hereby denied.
Because it is impossible for the SLK to hold
1994) and to First Brands Corporation Authority: (49 U.S.C. 30118, 30120; four occupants, the seating capacity labeling
(59 FR 62776, December 6, 1994). In the delegations of authority at CFR 1.50 and error has no impact on the vehicle capacity
case of Dow, the FMVSS No. 116 501.8) weight, recommended cold tire inflation

VerDate jul<14>2003 15:11 Jul 15, 2005 Jkt 205001 PO 00000 Frm 00060 Fmt 4703 Sfmt 4703 E:\FR\FM\18JYN1.SGM 18JYN1
41256 Federal Register / Vol. 70, No. 136 / Monday, July 18, 2005 / Notices

pressure and recommended size designation published, with a 30-day comment Authority: 49 U.S.C. 30118, 30120;
information. All of this information is correct period, on May 31, 2005, in the Federal delegations of authority at CFR 1.50 and
on the tire information placard. Moreover, Register (70 FR 31006). NHTSA 501.8.
the purpose of providing seating capacity
information is to prevent vehicle
received one comment. Issued on: July 8, 2005.
overloading. Because the SLK holds only two Affected are a total of approximately Ronald L. Medford,
occupants, it is not possible to overload the 958 Wrangler AT tires produced from Senior Associate Administrator for Vehicle
vehicle due to reliance on the tire March 7, 2005 to April 4, 2005. S6.5(b) Safety.
information placard. of FMVSS No. 119 requires that each [FR Doc. 05–14035 Filed 7–15–05; 8:45 am]
NHTSA agrees with Mercedes that the tire shall be marked with ‘‘[t]he tire BILLING CODE 4910–59–P
noncompliance is inconsequential to identification number required by part
motor vehicle safety. As Mercedes 574 of this chapter.’’ The noncompliant
states, because the vehicles are two- tires should have been marked ‘‘DOT DEPARTMENT OF TRANSPORTATION
seaters with no rear seat, it is obvious PJ10 MPH0 wwyy,’’ but were actually
Surface Transportation Board
that the seating capacity is two and not marked with one of the following serial
four. Therefore it is impossible to codes: DOT 1085 PJ10 MPH0, DOT 1086 [STB Docket No. AB–364 (Sub-No. 10X)]
overload the vehicles by relying on the PJ10 MPH0, DOT 2013 PJ10 MPH0, or
incorrect designated seating capacity DOT 2014 PJ10 MPH0. Mid-Michigan Railroad, Inc.—
information. As Mercedes further points Discontinuance of Service
Goodyear believes that the
out, the other information on the tire Exemption—in Kent County, MI
noncompliance is inconsequential to
information placard is correct. Mercedes motor vehicle safety and that no On June 28, 2005, Mid-Michigan
has corrected the problem. corrective action is warranted. Goodyear Railroad, Inc. (MMRR), filed with the
In consideration of the foregoing, states that the mislabeling creates no Board a petition under 49 U.S.C. 10502
NHTSA has decided that the petitioner unsafe condition. Goodyear further for exemption from the provisions of 49
has met its burden of persuasion that states that all of the markings related to U.S.C. 10903. MMRR seeks to
the noncompliance described is tire service including load capacity and discontinue service over a 1.50-mile line
inconsequential to motor vehicle safety. corresponding inflation pressure are of railroad, extending from milepost
Accordingly, Mercedes’ petition is correct, and that the tires meet or exceed 157.97 on MMRR’s east-west rail line to
granted and the petitioner is exempted all applicable FMVSS performance the end of the line in Kent County, MI.1
from the obligation of providing requirements. Goodyear says that when The line traverses U.S. Postal Service
notification of, and a remedy for, the consumers register these tires in ZIP Codes 49503 and 49504, and
noncompliance. Goodyear’s registration database, they includes no stations.
Authority: (49 U.S.C. 30118, 30120; can be identified in the unlikely event The line does not contain federally
delegations of authority at CFR 1.50 and that they would be involved in a tire granted rights-of-way. Any
501.8) recall. documentation in the possession of
Issued on: June 8, 2005. NHTSA agrees that the MMRR will be made available promptly
Ronald L. Medford, noncompliance is inconsequential to to those requesting it.
Senior Associate Administrator for Vehicle motor vehicle safety. The mislabeling The interest of railroad employees
Safety. does not create an unsafe condition, nor will be protected by the conditions set
[FR Doc. 05–14034 Filed 7–15–05; 8:45 am] will it result in unsafe use of the tires. forth in Oregon Short Line R. Co.—
As Goodyear states, when consumers Abandonment—Goshen, 360 I.C.C. 91
BILLING CODE 4910–59–P
register these tires in Goodyear’s (1979).
By issuing this notice, the Board is
registration database, they can be
DEPARTMENT OF TRANSPORTATION instituting an exemption proceeding
identified in the event of a recall. In
pursuant to 49 U.S.C. 10502(b). A final
addition, the tires meet or exceed all of
National Highway Traffic Safety decision will be issued by October 14,
the performance requirements of
Administration 2005. Any offer of financial assistance
FMVSS No. 119, and all other
(OFA) under 49 CFR 1152.27(b)(2) will
[Docket No. NHTSA 2005–21268; Notice 2] informational markings as required by
be due no later than 10 days after
FMVSS No. 119 are present. Goodyear
The Goodyear Tire & Rubber service of a decision granting the
has corrected the problem.
Company, Grant of Petition for petition for exemption. Each OFA must
One comment favoring denial was
Decision of Inconsequential received from a private individual. The 1 The line was leased from the Central Michigan
Noncompliance issue to be considered in determining Railway Company (CMRY) by the Grand Rapids
whether to grant this petition is the Eastern Railroad, Inc. (GRE), in 1993. See Grand
The Goodyear Tire & Rubber Rapids Eastern Railroad, Inc.—Purchase, Lease and
Company (Goodyear) has determined effect of the noncompliance on motor Operation Exemption—Rail Lines of Central
that certain tires it manufactured in vehicle safety. The comment does not Michigan Railroad Company, Finance Docket No.
2005 do not comply with S6.5(b) of address this issue, and therefore has no 32297 (ICC served on July 26, 1993). GRE
bearing on NHTSA’s determination. subsequently merged into MMRR. See RailTex, Inc.,
Federal Motor Vehicle Safety Standard Mid-Michigan Railroad, Inc., Michigan Shore
(FMVSS) No. 119, ‘‘New pneumatic tires In consideration of the foregoing, Railroad, Inc., and Grand Rapids Eastern Railroad,
for vehicles other than passenger cars.’’ NHTSA has decided that the petitioner Inc.—Corporate Family Transaction Exemption,
Pursuant to 49 U.S.C. 30118(d) and has met its burden of persuasion that STB Finance Docket No. 33693 (ICC served Jan. 20,
1999). CMRY continues to own the assets that
30120(h), Goodyear has petitioned for a the noncompliance described is MMRR operates over, including, but not limited to,
determination that this noncompliance inconsequential to motor vehicle safety. the track, ties, ballast, other track material and land.
is inconsequential to motor vehicle Accordingly, Goodyear’s petition is MMRR has no authority to alter, remove or dispose
safety and has filed an appropriate granted and the petitioner is exempted of any of the assets that are on the line. MMRR
seeks discontinuance because The Grand Rapids
report pursuant to 49 CFR part 573, from the obligation of providing Press, the only shipper on the line, has stopped
‘‘Defect and Noncompliance Reports.’’ notification of, and a remedy for, the using the line, moved its facility to another location
Notice of receipt of a petition was noncompliance. and does not oppose the discontinuance.

VerDate jul<14>2003 15:11 Jul 15, 2005 Jkt 205001 PO 00000 Frm 00061 Fmt 4703 Sfmt 4703 E:\FR\FM\18JYN1.SGM 18JYN1