Goodyear Tire & Rubber Company, Receipt of Petition for Decision of Inconsequential Noncompliance, 36372-36373 [E8-14422]
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36372
Federal Register / Vol. 73, No. 124 / Thursday, June 26, 2008 / Notices
rfrederick on PROD1PC67 with NOTICES
(h) The word ‘‘radial,’’ if the tire is a radial
ply tire.
Continental explains that the
noncompliance is that the sidewall
marking incorrectly identifies the
generic material of the plies in the body
of the tire as rayon when they are in fact
polyester. Specifically, the tires in
question were inadvertently
manufactured with ‘‘TREAD 6 PLIES 2
RAYON + 2 STEEL + 2 NYLON
SIDEWALL 2 PLIES 2 RAYON’’ marked
on the sidewall. The labeling should
have been ‘‘TREAD 6 PLIES 2
POLYESTER + 2 STEEL + 2 NYLON
SIDEWALL 2 PLIES 2
POLYESTER.’’(emphasis added).
Continental states that it discovered
the mold labeling error that caused the
noncompliance during a routine quality
audit.
Continental makes the argument that
this noncompliance is inconsequential
to motor vehicle safety because the
noncompliant sidewall marking does
not affect the safety, performance and
durability of the tire and that the tires
were built as designed and all other
sidewall identification markings and
safety information is correct.
Continental further states that it
performs ongoing compliance testing to
assure tire performance, and that all of
the subject tires will meet or exceed the
performance requirements of FMVSS
No. 139. Continental also states its belief
that there will be no operational impact
on the performance or safety of vehicles
on which these tires are mounted.
Continental also points out that
NHTSA has previously granted petitions
for sidewall marking noncompliances
that it believes are similar to the instant
noncompliance.
Continental also stated that it has
corrected the problem that caused these
errors so that they will not be repeated
in future production.
In summation, Continental states that
it believes that because the
noncompliances are inconsequential to
motor vehicle safety that no corrective
action is warranted.
NHTSA notes that the statutory
provisions (49 U.S.C. 30118(d) and
30120(h)) that permit manufacturers to
file petitions for a determination of
inconsequentiality allow NHTSA to
exempt manufacturers only from the
duties found in sections 30118 and
30120, respectively, to notify owners,
purchasers, and dealers of a defect or
noncompliance and to remedy the
defect or noncompliance. Therefore,
these provisions only apply to vehicles
and equipment that have already passed
from the manufacturer to an owner,
purchaser, or dealer.
VerDate Aug<31>2005
15:05 Jun 25, 2008
Jkt 214001
Interested persons are invited to
submit written data, views, and
arguments on this petition. 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:
a. By mail addressed to: U.S.
Department of Transportation, Docket
Operations, M–30, West Building
Ground Floor, Room W12–140, 1200
New Jersey Avenue, SE., Washington,
DC 20590.
b. By hand delivery to U.S.
Department of Transportation, Docket
Operations, M–30, West Building
Ground Floor, Room W12–140, 1200
New Jersey Avenue, SE., Washington,
DC 20590. The Docket Section is open
on weekdays from 10 am to 5 pm except
Federal holidays.
c. Electronically: by logging onto the
Federal Docket Management System
(FDMS) Web site at https://
www.regulations.gov/. Follow the online
instructions for submitting comments.
Comments may also be faxed to 1–202–
493–2251.
Comments must be written in the
English language, and be no greater than
15 pages in length, although there is no
limit to the length of necessary
attachments to the comments. If
comments are submitted in hard copy
form, please ensure that two copies are
provided. If you wish to receive
confirmation that your comments were
received, please enclose a stamped, selfaddressed postcard with the comments.
Note that all comments received will be
posted without change to https://
www.regulations.gov, including any
personal information provided.
Anyone is able to search the
electronic form of all comments
received into any of our dockets by the
name of the individual submitting the
comment (or signing the comment, if
submitted on behalf of an association,
business, labor union, etc.). DOT’s
complete Privacy Act Statement in the
Federal Register published on April 11,
2000 (65 FR 19477–78).
You may view documents submitted
to a docket at the address and times
given above. You may also view the
documents on the Internet at https://
www.regulations.gov by following the
online instructions for accessing the
dockets available at that Web site.
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,
PO 00000
Frm 00078
Fmt 4703
Sfmt 4703
notice of the decision will be published
in the Federal Register pursuant to the
authority indicated below.
Authority: (49 U.S.C. 30118, 30120:
delegations of authority at CFR 1.50 and
501.8)
Issued on: June 20, 2008.
Jeffrey Giuseppe,
Acting Director, Office of Vehicle Safety
Compliance.
[FR Doc. E8–14416 Filed 6–25–08; 8:45 am]
BILLING CODE 4910–59–P
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety
Administration
[Docket No. NHTSA–2008–0119; Notice 1]
Goodyear Tire & Rubber Company,
Receipt of Petition for Decision of
Inconsequential Noncompliance
Goodyear Tire & Rubber Company
(Goodyear), has determined that certain
passenger car tires manufactured from
2007 until March 2008 did not fully
comply with paragraph S5.5(f) of
Federal Motor Vehicle Safety Standards
(FMVSS) No. 139 New Pneumatic
Radial Tires for Light Vehicles.
Goodyear has filed an appropriate report
pursuant to 49 CFR Part 573, Defect and
Noncompliance Responsibility and
Reports.
Pursuant to 49 U.S.C. 30118(d) and
30120(h) (see implementing rule at 49
CFR part 556), 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 approximately 82,636
Dunlop SP Sport Signature passenger
car tires that were manufactured from
2007 until March 2008 in the following
sizes:
205/55R16 91V
225/55R16 95V
205/50R17 93V
215/55R16 93V
P215/55R17 93V
205/65R15 94V
P205/60R16 91V
Paragraph S5.5(f) of FMVSS No. 139
requires:
S5.5 Tire Markings. Except as specified in
paragraphs (a) through (h) of S5.5, each tire
must be marked on each sidewall with the
information specified in S5.5(a) through (d)
E:\FR\FM\26JNN1.SGM
26JNN1
Federal Register / Vol. 73, No. 124 / Thursday, June 26, 2008 / Notices
rfrederick on PROD1PC67 with NOTICES
and on one sidewall with the information
specified in S5.5(e) through (h) according to
the phase-in schedule specified in S7 of this
standard. The markings must be placed
between the maximum section width and the
bead on at least one sidewall, unless the
maximum section width of the tire is located
in an area that is not more than one-fourth
of the distance from the bead to the shoulder
of the tire. If the maximum section width
falls within that area, those markings must
appear between the bead and a point one-half
the distance from the bead to the shoulder of
the tire, on at least one sidewall. The
markings must be in letters and numerals not
less than 0.078 inches high and raised above
or sunk below the tire surface not less than
0.015 inch.
(a) The symbol DOT, which constitutes a
certification that the tire conforms to
applicable Federal motor vehicle safety
standards;
(b) The tire size designation as listed in the
documents and publications specified in
S4.1.1 of this standard;
(c) The maximum permissible inflation
pressure, subject to the limitations of S5.5.4
through S5.5.6 of this standard;
(d) The maximum load rating;
(e) The generic name of each cord material
used in the plies (both sidewall and tread
area) of the tire;
(f) The actual number of plies in the
sidewall, and the actual number of plies in
the tread area, if different;
(g) The term ‘‘tubeless’’ or ‘‘tube type,’’ as
applicable; and
(h) The word ‘‘radial,’’ if the tire is a radial
ply tire.
Goodyear explains that the
noncompliance is that the sidewall
marking incorrectly identifies the
number of plies in the tread of the tire.
Specifically, the tires in question were
inadvertently manufactured with
‘‘Tread 3 Polyester + 2 Steel’’ marked on
the sidewall. The labeling should have
been ‘‘Tread 2 Polyester + 2 Steel + 2
Polyester’’.
Goodyear states that it discovered the
mold labeling error that caused the noncompliance during a routine quality
audit.
Goodyear makes the argument that the
subject tires were manufactured with
the correct number of plies in the tread
and only the sidewall marking is
incorrect.
Goodyear also contends that all of the
markings related to tire service (load
capacity, corresponding inflation
pressure, etc.) are correct and that the
mislabeling of these tires is
inconsequential to motor vehicle safety
because the tires meet or exceed all
applicable Federal Motor Vehicle Safety
performance standards.
Goodyear also points out that NHTSA
has previously granted petitions for
sidewall marking noncompliances that
it believes are similar to the instant
noncompliance.
VerDate Aug<31>2005
15:05 Jun 25, 2008
Jkt 214001
Goodyear also stated that it will
correct the problem that caused these
errors so that they will not be repeated
in future production.
NHTSA notes that the statutory
provisions (49 U.S.C. 30118(d) and
30120(h)) that permit manufacturers to
file petitions for a determination of
inconsequentiality allow NHTSA to
exempt manufacturers only from the
duties found in sections 30118 and
30120, respectively, to notify owners,
purchasers, and dealers of a defect or
noncompliance and to remedy the
defect or noncompliance. Therefore,
these provisions only apply to vehicles
and equipment that have already passed
from the manufacturer to an owner,
purchaser, or dealer.
Interested persons are invited to
submit written data, views, and
arguments on this petition. 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:
a. By mail addressed to: U.S.
Department of Transportation, Docket
Operations, M–30, West Building
Ground Floor, Room W12–140, 1200
New Jersey Avenue, SE., Washington,
DC 20590.
b. By hand delivery to U.S.
Department of Transportation, Docket
Operations, M–30, West Building
Ground Floor, Room W12–140, 1200
New Jersey Avenue, SE., Washington,
DC 20590. The Docket Section is open
on weekdays from 10 am to 5 pm except
Federal Holidays.
c. Electronically: By logging onto the
Federal Docket Management System
(FDMS) Web site at https://
www.regulations.gov/. Follow the online
instructions for submitting comments.
Comments may also be faxed to 1–202–
493–2251.
Comments must be written in the
English language, and be no greater than
15 pages in length, although there is no
limit to the length of necessary
attachments to the comments. If
comments are submitted in hard copy
form, please ensure that two copies are
provided. If you wish to receive
confirmation that your comments were
received, please enclose a stamped, selfaddressed postcard with the comments.
Note that all comments received will be
posted without change to https://
www.regulations.gov, including any
personal information provided.
Anyone is able to search the
electronic form of all comments
received into any of our dockets by the
name of the individual submitting the
comment (or signing the comment, if
submitted on behalf of an association,
business, labor union, etc.). DOT’s
PO 00000
Frm 00079
Fmt 4703
Sfmt 4703
36373
complete Privacy Act Statement in the
Federal Register published on April 11,
2000 (65 FR 19477–78).
You may view documents submitted
to a docket at the address and times
given above. You may also view the
documents on the Internet at https://
www.regulations.gov by following the
online instructions for accessing the
dockets available at that Web site.
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: July 28, 2008.
Authority: (49 U.S.C. 30118, 30120:
delegations of authority at CFR 1.50 and
501.8)
Issued on: June 20, 2008.
Jeffrey Giuseppe,
Acting Director, Office of Vehicle Safety
Compliance.
[FR Doc. E8–14422 Filed 6–25–08; 8:45 am]
BILLING CODE 4910–59–P
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety
Administration
[Docket No. NHTSA–2008–0120]
Notice of Receipt of Petition for
Decision That Nonconforming 2004
Land Rover Range Rover Multipurpose
Passenger Vehicles Are Eligible for
Importation
National Highway Traffic
Safety Administration, DOT.
ACTION: Notice of receipt of petition for
decision that nonconforming 2004 Land
Rover Range Rover multipurpose
passenger vehicles are eligible for
importation.
AGENCY:
SUMMARY: This document announces
receipt by the National Highway Traffic
Safety Administration (NHTSA) of a
petition for a decision that 2004 Land
Rover Range Rover multipurpose
passenger vehicles that were not
originally manufactured to comply with
all applicable Federal motor vehicle
safety standards (FMVSS) are eligible
for importation into the United States
because (1) they are substantially
similar to vehicles that were originally
manufactured for sale in the United
States and that were certified by their
E:\FR\FM\26JNN1.SGM
26JNN1
]]>Agencies
[Federal Register Volume 73, Number 124 (Thursday, June 26, 2008)]
[Notices]
[Pages 36372-36373]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-14422]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
[Docket No. NHTSA-2008-0119; Notice 1]
Goodyear Tire & Rubber Company, Receipt of Petition for Decision
of Inconsequential Noncompliance
Goodyear Tire & Rubber Company (Goodyear), has determined that
certain passenger car tires manufactured from 2007 until March 2008 did
not fully comply with paragraph S5.5(f) of Federal Motor Vehicle Safety
Standards (FMVSS) No. 139 New Pneumatic Radial Tires for Light
Vehicles. Goodyear has filed an appropriate report pursuant to 49 CFR
Part 573, Defect and Noncompliance Responsibility and Reports.
Pursuant to 49 U.S.C. 30118(d) and 30120(h) (see implementing rule
at 49 CFR part 556), 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 approximately 82,636 Dunlop SP Sport Signature
passenger car tires that were manufactured from 2007 until March 2008
in the following sizes:
205/55R16 91V
225/55R16 95V
205/50R17 93V
215/55R16 93V
P215/55R17 93V
205/65R15 94V
P205/60R16 91V
Paragraph S5.5(f) of FMVSS No. 139 requires:
S5.5 Tire Markings. Except as specified in paragraphs (a)
through (h) of S5.5, each tire must be marked on each sidewall with
the information specified in S5.5(a) through (d)
[[Page 36373]]
and on one sidewall with the information specified in S5.5(e)
through (h) according to the phase-in schedule specified in S7 of
this standard. The markings must be placed between the maximum
section width and the bead on at least one sidewall, unless the
maximum section width of the tire is located in an area that is not
more than one-fourth of the distance from the bead to the shoulder
of the tire. If the maximum section width falls within that area,
those markings must appear between the bead and a point one-half the
distance from the bead to the shoulder of the tire, on at least one
sidewall. The markings must be in letters and numerals not less than
0.078 inches high and raised above or sunk below the tire surface
not less than 0.015 inch.
(a) The symbol DOT, which constitutes a certification that the
tire conforms to applicable Federal motor vehicle safety standards;
(b) The tire size designation as listed in the documents and
publications specified in S4.1.1 of this standard;
(c) The maximum permissible inflation pressure, subject to the
limitations of S5.5.4 through S5.5.6 of this standard;
(d) The maximum load rating;
(e) The generic name of each cord material used in the plies
(both sidewall and tread area) of the tire;
(f) The actual number of plies in the sidewall, and the actual
number of plies in the tread area, if different;
(g) The term ``tubeless'' or ``tube type,'' as applicable; and
(h) The word ``radial,'' if the tire is a radial ply tire.
Goodyear explains that the noncompliance is that the sidewall
marking incorrectly identifies the number of plies in the tread of the
tire. Specifically, the tires in question were inadvertently
manufactured with ``Tread 3 Polyester + 2 Steel'' marked on the
sidewall. The labeling should have been ``Tread 2 Polyester + 2 Steel +
2 Polyester''.
Goodyear states that it discovered the mold labeling error that
caused the non-compliance during a routine quality audit.
Goodyear makes the argument that the subject tires were
manufactured with the correct number of plies in the tread and only the
sidewall marking is incorrect.
Goodyear also contends that all of the markings related to tire
service (load capacity, corresponding inflation pressure, etc.) are
correct and that the mislabeling of these tires is inconsequential to
motor vehicle safety because the tires meet or exceed all applicable
Federal Motor Vehicle Safety performance standards.
Goodyear also points out that NHTSA has previously granted
petitions for sidewall marking noncompliances that it believes are
similar to the instant noncompliance.
Goodyear also stated that it will correct the problem that caused
these errors so that they will not be repeated in future production.
NHTSA notes that the statutory provisions (49 U.S.C. 30118(d) and
30120(h)) that permit manufacturers to file petitions for a
determination of inconsequentiality allow NHTSA to exempt manufacturers
only from the duties found in sections 30118 and 30120, respectively,
to notify owners, purchasers, and dealers of a defect or noncompliance
and to remedy the defect or noncompliance. Therefore, these provisions
only apply to vehicles and equipment that have already passed from the
manufacturer to an owner, purchaser, or dealer.
Interested persons are invited to submit written data, views, and
arguments on this petition. 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:
a. By mail addressed to: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590.
b. By hand delivery to U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590. The Docket Section is open on
weekdays from 10 am to 5 pm except Federal Holidays.
c. Electronically: By logging onto the Federal Docket Management
System (FDMS) Web site at https://www.regulations.gov/. Follow the
online instructions for submitting comments. Comments may also be faxed
to 1-202-493-2251.
Comments must be written in the English language, and be no greater
than 15 pages in length, although there is no limit to the length of
necessary attachments to the comments. If comments are submitted in
hard copy form, please ensure that two copies are provided. If you wish
to receive confirmation that your comments were received, please
enclose a stamped, self-addressed postcard with the comments. Note that
all comments received will be posted without change to https://
www.regulations.gov, including any personal information provided.
Anyone is able to search the electronic form of all comments
received into any of our dockets by the name of the individual
submitting the comment (or signing the comment, if submitted on behalf
of an association, business, labor union, etc.). DOT's complete Privacy
Act Statement in the Federal Register published on April 11, 2000 (65
FR 19477-78).
You may view documents submitted to a docket at the address and
times given above. You may also view the documents on the Internet at
https://www.regulations.gov by following the online instructions for
accessing the dockets available at that Web site.
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: July 28, 2008.
Authority: (49 U.S.C. 30118, 30120: delegations of authority at
CFR 1.50 and 501.8)
Issued on: June 20, 2008.
Jeffrey Giuseppe,
Acting Director, Office of Vehicle Safety Compliance.
[FR Doc. E8-14422 Filed 6-25-08; 8:45 am]
BILLING CODE 4910-59-P
