The Goodyear Tire & Rubber Company, Grant of Petition for Decision of Inconsequential Noncompliance, 41254 [05-14032]

Download as PDF 41254 Federal Register / Vol. 70, No. 136 / Monday, July 18, 2005 / Notices processing, and disposition of petitions for exemption part 11 of Title 14, Code of Federal Regulations (14 CFR), this notice contains a summary of certain petitions seeking relief from specified requirements of 14 CFR, dispositions of certain petitions previously received, and corrections. The purpose of this notice is to improve the public’s awareness of, and participation in, this aspect of FAA’s regulatory activities. Neither publication of this notice nor the inclusion or omission of information in the summary is intended to affect the legal status of any petition or its final disposition. Comments on petitions received must identify the petition docket number involved and must be received on or before July 28, 2005. ADDRESSES: You may submit comments (identified by DOT DMS Docket Number FAA–200X–XXXXX) by any of the following methods: • Web Site: https://dms.dot.gov. Follow the instructions for submitting comments on the DOT electronic docket site. • Fax: 1–202–493–2251. • Mail: Docket Management Facility; U.S. Department of Transportation, 400 Seventh Street, SW., Nassif Building, Room PL–401, Washington, DC 20590– 001. • Hand Delivery: Room PL–401 on the plaza level of the Nassif Building, 400 Seventh Street, SW., Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. • Federal eRulemaking Portal: Go to https://www.regulations.gov. Follow the online instructions for submitting comments. Docket: For access to the docket to read background documents or comments received, go to https:// dms.dot.gov at any time or to Room PL– 401 on the plaza level of the Nassif Building, 400 Seventh Street, SW., Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. FOR FURTHER INFORMATION CONTACT: Tim Adams (202) 267–8033, Sandy Buchanan-Sumter (202) 267–7271, Office of Rulemaking (ARM–1), Federal Aviation Administration, 800 Independence Avenue, SW., Washington, DC 20591. This notice is published pursuant to 14 CFR 11.85 and 11.91. DATES: Issued in Washington, DC, on July 6, 2005. Anthony F. Fazio, Director, Office of Rulemaking. Petitions for Exemption Docket No.: FAA–2003–14563. VerDate jul<14>2003 15:11 Jul 15, 2005 Jkt 205001 Petitioner: AirTran Airways, Inc. Section of 14 CFR Affected: 14 CFR 93.123. Description of Relief Sought: To permit AirTran Airways, Inc., the use of three slots at Ronald Reagan Washington National Airport (DCA) for service from DCA to Atlanta Hartford International Airport. [FR Doc. 05–14006 Filed 7–15–05; 8:45 am] BILLING CODE 4910–13–P DEPARTMENT OF TRANSPORTATION National Highway Traffic Safety Administration [Docket No. NHTSA 2005–21269; Notice 2] The Goodyear Tire & Rubber Company, Grant 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 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.’’ Notice of receipt of a petition was published, with a 30-day comment period, on May 31, 2005, in the Federal Register (70 FR 31007). NHTSA received one comment. 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 pounds. 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 PO 00000 Frm 00059 Fmt 4703 Sfmt 4703 vehicle safety. Goodyear says that the tires meet or exceed all other tire labeling requirements and all minimum performance requirements of FMVSS No. 109. The agency agrees with Goodyear’s statement that the mismarking does not present a serious safety concern. The agency believes that the true measure of inconsequentiality to motor vehicle safety in this case is that 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 will have an inconsequential effect on motor vehicle safety because of the de minimus discrepancy in maximum load rating. In addition, the tires are certified to meet all the performance requirements of FMVSS No. 109. All other informational markings as required by FMVSS No. 109 are present. Goodyear has also corrected the problem. One comment favoring denial was received from a private individual. The issue to be considered in determining whether to grant this petition is the effect of the noncompliance on motor vehicle safety. The comment does not address this issue, and therefore has no bearing on NHTSA’s determination. 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, Goodyear’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: July 8, 2005. Ronald L. Medford, Senior Associate Administrator for Vehicle Safety. [FR Doc. 05–14032 Filed 7–15–05; 8:45 am] BILLING CODE 4910–59–P DEPARTMENT OF TRANSPORTATION National Highway Traffic Safety Administration [Docket No. NHTSA–2005–20858; Notice 2] DOT Chemical, Denial of Petition for Decision of Inconsequential Noncompliance DOT Chemical has determined that certain containers of brake fluid which it manufactured in June 2004 do not comply with S5.1.7, S5.1.9, and S5.1.10 E:\FR\FM\18JYN1.SGM 18JYN1

Agencies

[Federal Register Volume 70, Number 136 (Monday, July 18, 2005)]
[Notices]
[Page 41254]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-14032]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA 2005-21269; Notice 2]


The Goodyear Tire & Rubber Company, Grant 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 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.'' Notice of receipt of a petition was published, with a 30-day 
comment period, on May 31, 2005, in the Federal Register (70 FR 31007). 
NHTSA received one comment.
    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 pounds.
    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.
    The agency agrees with Goodyear's statement that the mismarking 
does not present a serious safety concern. The agency believes that the 
true measure of inconsequentiality to motor vehicle safety in this case 
is that 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 will have an inconsequential effect on 
motor vehicle safety because of the de minimus discrepancy in maximum 
load rating.
    In addition, the tires are certified to meet all the performance 
requirements of FMVSS No. 109. All other informational markings as 
required by FMVSS No. 109 are present. Goodyear has also corrected the 
problem.
    One comment favoring denial was received from a private individual. 
The issue to be considered in determining whether to grant this 
petition is the effect of the noncompliance on motor vehicle safety. 
The comment does not address this issue, and therefore has no bearing 
on NHTSA's determination.
    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, 
Goodyear'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: July 8, 2005.
Ronald L. Medford,
Senior Associate Administrator for Vehicle Safety.
[FR Doc. 05-14032 Filed 7-15-05; 8:45 am]
BILLING CODE 4910-59-P
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