The Goodyear Tire & Rubber Company, Grant of Petition for Decision of Inconsequential Noncompliance, 41256 [05-14035]

Download as PDF 41256 Federal Register / Vol. 70, No. 136 / Monday, July 18, 2005 / Notices pressure and recommended size designation information. All of this information is correct on the tire information placard. Moreover, the purpose of providing seating capacity information is to prevent vehicle overloading. Because the SLK holds only two occupants, it is not possible to overload the vehicle due to reliance on the tire information placard. NHTSA agrees with Mercedes that the noncompliance is inconsequential to motor vehicle safety. As Mercedes states, because the vehicles are twoseaters with no rear seat, it is obvious that the seating capacity is two and not four. Therefore it is impossible to overload the vehicles by relying on the incorrect designated seating capacity information. As Mercedes further points out, the other information on the tire information placard is correct. Mercedes has corrected the problem. 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, Mercedes’ 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: June 8, 2005. Ronald L. Medford, Senior Associate Administrator for Vehicle Safety. [FR Doc. 05–14034 Filed 7–15–05; 8:45 am] BILLING CODE 4910–59–P DEPARTMENT OF TRANSPORTATION National Highway Traffic Safety Administration [Docket No. NHTSA 2005–21268; 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 S6.5(b) of Federal Motor Vehicle Safety Standard (FMVSS) No. 119, ‘‘New pneumatic tires for vehicles other than passenger cars.’’ 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 VerDate jul<14>2003 15:11 Jul 15, 2005 Jkt 205001 published, with a 30-day comment period, on May 31, 2005, in the Federal Register (70 FR 31006). NHTSA received one comment. Affected are a total of approximately 958 Wrangler AT tires produced from March 7, 2005 to April 4, 2005. S6.5(b) of FMVSS No. 119 requires that each tire shall be marked with ‘‘[t]he tire identification number required by part 574 of this chapter.’’ The noncompliant tires should have been marked ‘‘DOT PJ10 MPH0 wwyy,’’ but were actually marked with one of the following serial codes: DOT 1085 PJ10 MPH0, DOT 1086 PJ10 MPH0, DOT 2013 PJ10 MPH0, or DOT 2014 PJ10 MPH0. Goodyear believes that the noncompliance is inconsequential to motor vehicle safety and that no corrective action is warranted. Goodyear states that the mislabeling creates no unsafe condition. Goodyear further states that all of the markings related to tire service including load capacity and corresponding inflation pressure are correct, and that the tires meet or exceed all applicable FMVSS performance requirements. Goodyear says that when consumers register these tires in Goodyear’s registration database, they can be identified in the unlikely event that they would be involved in a tire recall. NHTSA agrees that the noncompliance is inconsequential to motor vehicle safety. The mislabeling does not create an unsafe condition, nor will it result in unsafe use of the tires. As Goodyear states, when consumers register these tires in Goodyear’s registration database, they can be identified in the event of a recall. In addition, the tires meet or exceed all of the performance requirements of FMVSS No. 119, and all other informational markings as required by FMVSS No. 119 are present. Goodyear has 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. PO 00000 Frm 00061 Fmt 4703 Sfmt 4703 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. 05–14035 Filed 7–15–05; 8:45 am] BILLING CODE 4910–59–P DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Docket No. AB–364 (Sub-No. 10X)] Mid-Michigan Railroad, Inc.— Discontinuance of Service Exemption—in Kent County, MI On June 28, 2005, Mid-Michigan Railroad, Inc. (MMRR), filed with the Board a petition under 49 U.S.C. 10502 for exemption from the provisions of 49 U.S.C. 10903. MMRR seeks to discontinue service over a 1.50-mile line of railroad, extending from milepost 157.97 on MMRR’s east-west rail line to the end of the line in Kent County, MI.1 The line traverses U.S. Postal Service ZIP Codes 49503 and 49504, and includes no stations. The line does not contain federally granted rights-of-way. Any documentation in the possession of MMRR will be made available promptly to those requesting it. The interest of railroad employees will be protected by the conditions set forth in Oregon Short Line R. Co.— Abandonment—Goshen, 360 I.C.C. 91 (1979). By issuing this notice, the Board is instituting an exemption proceeding pursuant to 49 U.S.C. 10502(b). A final decision will be issued by October 14, 2005. Any offer of financial assistance (OFA) under 49 CFR 1152.27(b)(2) will be due no later than 10 days after service of a decision granting the petition for exemption. Each OFA must 1 The line was leased from the Central Michigan Railway Company (CMRY) by the Grand Rapids Eastern Railroad, Inc. (GRE), in 1993. See Grand Rapids Eastern Railroad, Inc.—Purchase, Lease and Operation Exemption—Rail Lines of Central Michigan Railroad Company, Finance Docket No. 32297 (ICC served on July 26, 1993). GRE subsequently merged into MMRR. See RailTex, Inc., Mid-Michigan Railroad, Inc., Michigan Shore Railroad, Inc., and Grand Rapids Eastern Railroad, Inc.—Corporate Family Transaction Exemption, STB Finance Docket No. 33693 (ICC served Jan. 20, 1999). CMRY continues to own the assets that MMRR operates over, including, but not limited to, the track, ties, ballast, other track material and land. MMRR has no authority to alter, remove or dispose of any of the assets that are on the line. MMRR seeks discontinuance because The Grand Rapids Press, the only shipper on the line, has stopped using the line, moved its facility to another location and does not oppose the discontinuance. E:\FR\FM\18JYN1.SGM 18JYN1

Agencies

[Federal Register Volume 70, Number 136 (Monday, July 18, 2005)]
[Notices]
[Page 41256]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-14035]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA 2005-21268; 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 S6.5(b) of 
Federal Motor Vehicle Safety Standard (FMVSS) No. 119, ``New pneumatic 
tires for vehicles other than passenger cars.'' 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 31006). NHTSA received one comment.
    Affected are a total of approximately 958 Wrangler AT tires 
produced from March 7, 2005 to April 4, 2005. S6.5(b) of FMVSS No. 119 
requires that each tire shall be marked with ``[t]he tire 
identification number required by part 574 of this chapter.'' The 
noncompliant tires should have been marked ``DOT PJ10 MPH0 wwyy,'' but 
were actually marked with one of the following serial codes: DOT 1085 
PJ10 MPH0, DOT 1086 PJ10 MPH0, DOT 2013 PJ10 MPH0, or DOT 2014 PJ10 
MPH0.
    Goodyear believes that the noncompliance is inconsequential to 
motor vehicle safety and that no corrective action is warranted. 
Goodyear states that the mislabeling creates no unsafe condition. 
Goodyear further states that all of the markings related to tire 
service including load capacity and corresponding inflation pressure 
are correct, and that the tires meet or exceed all applicable FMVSS 
performance requirements. Goodyear says that when consumers register 
these tires in Goodyear's registration database, they can be identified 
in the unlikely event that they would be involved in a tire recall.
    NHTSA agrees that the noncompliance is inconsequential to motor 
vehicle safety. The mislabeling does not create an unsafe condition, 
nor will it result in unsafe use of the tires. As Goodyear states, when 
consumers register these tires in Goodyear's registration database, 
they can be identified in the event of a recall. In addition, the tires 
meet or exceed all of the performance requirements of FMVSS No. 119, 
and all other informational markings as required by FMVSS No. 119 are 
present. Goodyear has 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. 05-14035 Filed 7-15-05; 8:45 am]
BILLING CODE 4910-59-P