The Goodyear Tire & Rubber Company, Receipt of Petition for Decision of Inconsequential Noncompliance, 31007 [05-10689]

Download as PDF Federal Register / Vol. 70, No. 103 / Tuesday, May 31, 2005 / Notices 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. Comment closing date: June 30, 2005. Authority: 49 U.S.C. 30118, 30120: Delegations of authority at CFR 1.50 and 501.8. Issued on: May 23, 2005. Ronald L. Medford, Senior Associate Administrator for Vehicle Safety. [FR Doc. 05–10688 Filed 5–27–05; 8:45 am] BILLING CODE 4910–59–P DEPARTMENT OF TRANSPORTATION National Highway Traffic Safety Administration [Docket No. NHTSA–2005–21269; Notice 1] The Goodyear Tire & Rubber Company, Receipt of Petition for Decision of Inconsequential Noncompliance The Goodyear Tire & Rubber Company (Goodyear) has determined that certain tires it manufactured in 2005 do not comply with S4.3.4(b) of Federal Motor Vehicle Safety Standard (FMVSS) No. 109, ‘‘New pneumatic tires.’’ Pursuant to 49 U.S.C. 30118(d) and 30120(h), Goodyear 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 Goodyear’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 4,992 Kelly Signature HPT and Essenza B210 Type 2 tires produced from February 1, 2005 to March 31, 2005. S4.3.4(b) of FMVSS No. 109 requires that ‘‘[e]ach marking of the tire’s maximum load rating * * * in kilograms shall be followed in parenthesis by the equivalent load rating in pounds * * *.’’ The noncompliant tires have the correct maximum load rating in kilograms but the actual stamping for the maximum load in pounds is 2839 pounds, while the correct stamping should be 2833 lbs. Goodyear believes that the noncompliance is inconsequential to VerDate jul<14>2003 16:14 May 27, 2005 Jkt 205001 motor vehicle safety and that no corrective action is warranted. Goodyear explains that the cause of the noncompliance was the use of a different conversion factor than that used by the Tire and Rim Association. Goodyear states that the noncompliance has no effect on the performance of the tires on a motor vehicle or on motor vehicle safety. Goodyear says that the tires meet or exceed all other tire labeling requirements and all minimum performance requirements of FMVSS No. 109. 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, 20590–0001. 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. Comment closing date: June 30, 2005. Authority: 49 U.S.C. 30118, 30120: delegations of authority at CFR 1.50 and 501.8. Issued on: May 23, 2005. Ronald L. Medford, Senior Associate Administrator for Vehicle Safety. [FR Doc. 05–10689 Filed 5–27–05; 8:45 am] BILLING CODE 4910–59–P PO 00000 Frm 00087 Fmt 4703 Sfmt 4703 31007 DEPARTMENT OF TRANSPORTATION National Highway Traffic Safety Administration [Docket No. NHTSA 2005–20047; Notice 2] Bridgestone/Firestone North America Tire, LLC. Denial of Application for Decision of Inconsequential Noncompliance Bridgestone/Firestone North America Tire, LLC has determined that approximately 323 size 445/50R22.5 20 Ply, Load Range ‘L’, Bridgestone S892 tires do not meet the labeling requirements mandated by Federal Motor Vehicle Safety Standard (FMVSS) No. 109, ‘‘New Pneumatic Tires.’’ Pursuant to 49 U.S.C. 30118(d) and 30120(h), Bridgestone/Firestone 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.’’ FMVSS No. 109 (S4.3(b)) and (S4.3(c)) require that each tire shall have permanently molded the maximum permissible inflation pressure and the maximum load rating of the tire, respectively. Notice of receipt of the application was published, with a 30day comment period, on February 9, 2005 in the Federal Register (70 FR 6923). NHTSA received no comment on this application. The noncompliance with S4.3(c) relates to the sidewall markings. Bridgestone/Firestone Tochigi, Japan Plant produced approximately 323 tires with incorrect markings. The noncompliant tires were marked: ‘‘Max Load 4540 Kg (10,000 lbs.) @ 790 kPa (115 psi).’’ The correct marking is as follows: ‘‘Max Load 4625 Kg (10,200 lbs.) @ 830 kPa (120 psi).’’ Bridgestone/Firestone believes that the noncompliance described herein is inconsequential as it relates to motor vehicle safety because the load molded on the tire is less than the actual prescribed maximum load. Thus the tires can easily accommodate the load they will likely carry per tire application. Therefore, Bridgestone/ Firestone believes this noncompliance is particularly unlikely to have an adverse effect on motor vehicle safety and is clearly inconsequential in that regard. The noncompliant tires meet or exceed all performance requirements of FMVSS No. 109 and will have no impact on the operational performance or safety of vehicles on which these tires are mounted. The agency believes that the true measure of inconsequentiality to motor vehicle safety is the effect of the E:\FR\FM\31MYN1.SGM 31MYN1

Agencies

[Federal Register Volume 70, Number 103 (Tuesday, May 31, 2005)]
[Notices]
[Page 31007]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-10689]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2005-21269; Notice 1]


The Goodyear Tire & Rubber Company, Receipt of Petition for 
Decision of Inconsequential Noncompliance

    The Goodyear Tire & Rubber Company (Goodyear) has determined that 
certain tires it manufactured in 2005 do not comply with S4.3.4(b) of 
Federal Motor Vehicle Safety Standard (FMVSS) No. 109, ``New pneumatic 
tires.''
    Pursuant to 49 U.S.C. 30118(d) and 30120(h), Goodyear 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 Goodyear'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 4,992 Kelly Signature HPT and 
Essenza B210 Type 2 tires produced from February 1, 2005 to March 31, 
2005. S4.3.4(b) of FMVSS No. 109 requires that ``[e]ach marking of the 
tire's maximum load rating * * * in kilograms shall be followed in 
parenthesis by the equivalent load rating in pounds * * *.'' The 
noncompliant tires have the correct maximum load rating in kilograms 
but the actual stamping for the maximum load in pounds is 2839 pounds, 
while the correct stamping should be 2833 lbs.
    Goodyear believes that the noncompliance is inconsequential to 
motor vehicle safety and that no corrective action is warranted. 
Goodyear explains that the cause of the noncompliance was the use of a 
different conversion factor than that used by the Tire and Rim 
Association. Goodyear states that the noncompliance has no effect on 
the performance of the tires on a motor vehicle or on motor vehicle 
safety. Goodyear says that the tires meet or exceed all other tire 
labeling requirements and all minimum performance requirements of FMVSS 
No. 109.
    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, 20590-0001. 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.
    Comment closing date: June 30, 2005.

    Authority: 49 U.S.C. 30118, 30120: delegations of authority at 
CFR 1.50 and 501.8.

    Issued on: May 23, 2005.
Ronald L. Medford,
Senior Associate Administrator for Vehicle Safety.
[FR Doc. 05-10689 Filed 5-27-05; 8:45 am]
BILLING CODE 4910-59-P