Goodyear Tire & Rubber Company, Denial of Petition for Decision of Inconsequential Noncompliance, 3668-3669 [E9-1012]
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Federal Register / Vol. 74, No. 12 / Wednesday, January 21, 2009 / Notices
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Issued on: January 12, 2009.
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[FR Doc. E9–1013 Filed 1–16–09; 8:45 am]
BILLING CODE 4910–57–P
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety
Administration
[Docket No. NHTSA–2008–0074; Notice 2]
mstockstill on PROD1PC66 with NOTICES
Goodyear Tire & Rubber Company,
Denial of Petition for Decision of
Inconsequential Noncompliance
Goodyear Tire & Rubber Company
(Goodyear), has determined that certain
passenger car tires manufactured during
the week of January 7, 2008 failed to
comply with the labeling requirements
of paragraph S5.5.1(a) of 49 CFR
571.139, Federal Motor Vehicle Safety
Standard (FMVSS) No. 139 New
Pneumatic Radial Tires for Light
Vehicles. FMVSS No. 139 requires that
radial tires manufactured before
September 1, 2009 for use on motor
vehicles that have a gross vehicle weight
VerDate Nov<24>2008
18:54 Jan 16, 2009
Jkt 217001
(GVWR) rating of 10,000 pounds or less
must be labeled with the Tire
Identification Number (TIN) on one side
of the tire and a full TIN or partial TIN
on the opposite side. Pursuant to 49
CFR Part 573, Goodyear filed a
noncompliance report with the National
Highway Traffic Safety Administration
(NHTSA) notifying NHTSA of the
noncompliance.
Pursuant to 49 U.S.C. 30118(d) and
30120(h), and 49 CFR part 556, on
March 28, 2008, Goodyear submitted a
petition for an exemption from the
notification and remedy requirements of
49 U.S.C. 30118 and 30120 on the basis
that this noncompliance is
inconsequential to motor vehicle safety.
NHTSA published notice of receipt of
the petition, with a 30-day public
comment period, on June 12, 2008 in
the Federal Register. 73 FR 33486. In
response to the petition, NHTSA did not
receive any comments. To view the
petition and all supporting documents,
log onto the Federal Docket
Management System (FDMS) Web site
at: https://www.regulations.gov/. Then
follow the online search instructions to
locate docket number ‘‘NHTSA–2008–
0074.’’
For further information on this
decision, contact Mr. George Gillespie,
Office of Vehicle Safety Compliance,
NHTSA, telephone (202) 366–5299,
facsimile (202) 366–7002.
Summary of Goodyear’s Petition
Goodyear petitioned NHTSA for a
determination that a noncompliance in
approximately 18 Goodyear Eagle RS–A
P235/55R18 99V passenger car tires
manufactured in its Lawton, Oklahoma
plant during the week of January 7, 2008
is inconsequential to motor vehicle
safety. Paragraph S5.5.1(a) of FMVSS
No. 139 requires that radial tires
manufactured before September 1, 2009
for motor vehicles less than 10,000
GVWR be permanently labeled with (1)
a full TIN required by 49 CFR Part 574
on one sidewall of the tire, and (2)
except for retreaded tires, either the full
or a partial TIN containing all characters
in the TIN, except for the date code, and
at the discretion of the manufacturer,
any optional code, must be labeled on
the other sidewall of the tire.1
In its petition, Goodyear stated that
the 18 Goodyear Eagle RS–A P235/
1 Tires manufactured after September 1, 2009
must be labeled with the TIN on the intended
outboard sidewall of a tire and either the TIN or
partial TIN on the other sidewall. 49 CFR 571.139
S5.5.1(b). If a tire manufactured after September 1,
2009 does not have an intended outboard sidewall,
one sidewall must be labeled with the TIN and the
other sidewall must have either a TIN or partial
TIN. Id.
PO 00000
Frm 00128
Fmt 4703
Sfmt 4703
55R18 99V passenger car tires were
mismarked.
Goodyear described the
noncompliance as a failure to mark the
tires with a complete or partial TIN on
the sidewall opposite the sidewall with
the full TIN. Thus, Goodyear describes
the noncompliance as follows:
Actual stamping is ‘‘NOT FOR SALE’’
(on one sidewall) Correct stamping
should be: ‘‘M60Y LNER.’’ (on that
sidewall).
Goodyear makes the argument that
this noncompliance is inconsequential
to motor vehicle safety because the tires
meet or exceed all other applicable
FMVSS performance standards, and that
the tires were designed, manufactured
and tested to the standards and
regulations as applicable and they meet
all regulatory performance test
requirements.
Goodyear also explains its belief that
the Tire Identification Number (TIN)
and the partial TIN are used to properly
identify tires that are involved in a
safety campaign. Goodyear stated its
belief that the full TIN is molded on the
intended outboard sidewall of these
tires and consumers could be directed to
have both sidewalls inspected for the
TIN if any safety campaign would be
required for these tires in the future.
Goodyear compared this situation to
that of any tire involved in a safety
campaign that required the 4-digit week
and year code to determine if it were
involved.
Goodyear also stated that it has
corrected the problem that caused these
errors so that they will not be repeated
in future production.
In summation, Goodyear states that it
believes that because the
noncompliances are inconsequential to
motor vehicle safety that no corrective
action is warranted.
NHTSA’s Decision
NHTSA does not agree that
Goodyear’s noncompliance with FMVSS
No. 139 is inconsequential to motor
vehicle safety. As discussed below, the
tire markings required by paragraph
S5.5.1(a) of FMVSS No. 139 provide
valuable information to assist
consumers in determining if their tires
are the subject of a safety recall.
The Firestone tire recalls in year 2000
highlighted the difficulty that
consumers experienced when
attempting to determine whether a tire
is subject to a recall if the tire is
mounted so that the sidewall bearing
the TIN faces inward, i.e., underneath
the vehicle. After a series of
congressional hearings about the safety
of and experiences regarding the
Firestone tires involved in those recalls,
E:\FR\FM\21JAN1.SGM
21JAN1
mstockstill on PROD1PC66 with NOTICES
Federal Register / Vol. 74, No. 12 / Wednesday, January 21, 2009 / Notices
Congress passed and the president
signed into law the Transportation
Recall Enhancement, Accountability,
and Documentation (TREAD) Act on
November 1, 2000. Public Law 106–414.
114 Stat. 1800.
One matter addressed by the TREAD
Act was tire labeling. Section 11 of the
TREAD Act required a rulemaking to
improve the labeling of tires to assist
consumers in identifying tires that may
be the subject of a recall.
In response to the TREAD Act’s
mandate, NHTSA published a final rule
that, among other things, required that
the TIN be placed on a sidewall of the
tire and a full or partial TIN be placed
on the other sidewall. See 67 FR 69600,
69628 (November 18, 2002), as amended
69 FR 31306 (June 3, 2004). In the
preamble to the 2002 final rule, the
agency identified the safety problem
which prompted the issuance of the
rule. 67 FR at 69602, 69606 and 69610.
The agency explained that when tires
are mounted so that the TIN appears on
the inward facing sidewalls, motorists
have three difficult and inconvenient
options for locating and recording the
TINs. Consumers must either: (1) Slide
under the vehicle with a flashlight,
pencil and paper and search the inside
sidewalls for the TINs; (2) remove each
tire, find and record the TIN, and then
replace the tire; or (3) enlist the aid of
a garage or service station that can
perform option 1 or place the vehicle on
a vehicle lift so that the TINs can be
found and recorded. Without any TIN
information on the outside sidewalls of
tires, the difficulty and inconvenience
of obtaining the TIN by consumers
results in a reduction of the number of
people who respond to a tire recall
campaign and the number of motorists
who unknowingly continue to drive
vehicles with potentially unsafe tires.
Goodyear suggests that a recall of
these tires could include an instruction
to check the inboard sidewall if the TIN
is not found on the outboard sidewall.
This approach is inadequate. The
noncompliance here is the exact
problem that plagued millions of
Firestone tire owners in 2000 and one
that Congress mandated that NHTSA
address. When the TIN is placed on one
sidewall of a tire and that sidewall is
mounted on the inboard side of a wheel,
it is very difficult and inconvenient for
the consumer to locate and record the
TIN. In such situations, consumers who
attempt to determine if a tire is within
the scope of a recall may not be able to
read the inboard sidewall without
taking one of the three inconvenient
steps discussed above. The difficulty
and inconvenience that locating a TIN
under these circumstances poses serious
VerDate Nov<24>2008
18:54 Jan 16, 2009
Jkt 217001
impediments to the successful recall of
the noncompliant tire, which may result
in motorists continuing to drive their
vehicles with potentially unsafe tires.
While NHTSA has determined in the
past that in some instances TIN marking
omissions were inconsequential to
motor vehicle safety, those
determinations occurred prior to the
adoption of FMVSS No. 139 pursuant to
the TREAD Act. Following the
enactment of the TREAD Act, NHTSA
found that there is a safety need for a
full TIN on one sidewall and a full or
partial TIN on the other sidewall. As
previously discussed, FMVSS No. 139
now requires TIN markings on both
sidewalls of a tire so that consumers can
readily determine if a tire is subject to
a safety recall. Accordingly, the
omission of a TIN or partial TIN on
either sidewall is now considered to be
a serious safety problem.
In consideration of the foregoing,
NHTSA has decided that the petitioner
has not met its burden of persuasion
that the noncompliance described is
inconsequential to motor vehicle safety.
Accordingly, Goodyear’s petition is
hereby denied, and the petitioner must
notify owners, purchasers and dealers
pursuant to 49 U.S.C. 30118 and
provide a remedy in accordance with 49
U.S.C. 30120.
Authority: (49 U.S.C. 30118, 30120:
delegations of authority at CFR 1.50 and
501.8)
Issued on: January 13, 2009.
Daniel C. Smith,
Associate Administrator for Enforcement.
[FR Doc. E9–1012 Filed 1–16–09; 8:45 am]
BILLING CODE 4910–59–P
DEPARTMENT OF THE TREASURY
Submission for OMB Review;
Comment Request
January 13, 2009.
The Department of the Treasury will
submit the following public information
collection requirement(s) to OMB for
review and clearance under the
Paperwork Reduction Act of 1995,
Public Law 104–13 on or after the date
of publication of this notice. Copies of
the submission(s) may be obtained by
calling the Treasury Bureau Clearance
Officer listed. Comments regarding this
information collection should be
addressed to the OMB reviewer listed
and to the Treasury Department
Clearance Officer, Department of the
Treasury, Room 11000, 1750
Pennsylvania Avenue, NW.,
Washington, DC 20220.
PO 00000
Frm 00129
Fmt 4703
Sfmt 4703
3669
DATES: Written comments should be
received on or before February 20, 2009
to be assured of consideration.
Internal Revenue Service (IRS)
OMB Number: 1545–1962.
Type of Review: Extension.
Form: 8899.
Title: Notice of Income Donated
Intellectual Property.
Description: Form is filed by
charitable org. receiving donations of
intellectual property if the donor
provides a timely notice. The initial
deduction is limited to the donor’s
basis; additional deductions are allowed
to the extent of income from the
property, reducing excessive
deductions.
Respondents: Businesses or other forprofits.
Estimated Total Burden Hours: 5,430
hours.
OMB Number: 1545–1231.
Type of Review: Revision.
Title: Final (T.D. 9436) Tax Return
Prep/IA–38–90 Final Regulations (T.D.
8382) Penalty on Income Tax Return
Preparers Who Understate Taxpayer’s
Liability on a Federal Income Tax
Return or a Claim for Refund.
Description: This information is
necessary to make the record of the
name, taxpayer identification number,
and principal place of work of each tax
return preparer, make each return or
claim for refund prepared available for
inspection by the Commissioner of
Internal Revenue, and to document that
the tax return preparer advised the
taxpayer of the penalty standards
applicable to the taxpayer in order for
the tax return preparer to avoid
penalties under section 6694. The likely
respondents are tax return preparers and
their employers. These regulations
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return preparer penalties under sections
6694 and 6695 of the Internal Revenue
Code and related provisions under
sections 6060, 6107, 6109, 6696, and
7701(a)(36) reflecting amendments to
the Code made by section 8246 of the
Small Business and Work Opportunity
Tax Act of 2007 and section 506 of the
Tax Extenders and Alternative
Minimum Tax Relief Act of 2008. The
final regulation affects tax return
preparers and provides guidance
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Respondents: Businesses or other forprofits.
Estimated Total Burden Hours:
10,679,320 hours.
OMB Number: 1545–0913.
Type of Review: Extension.
Title: Below-Market Loans LR–165–84
(NPRM).
E:\FR\FM\21JAN1.SGM
21JAN1
]]>Agencies
[Federal Register Volume 74, Number 12 (Wednesday, January 21, 2009)]
[Notices]
[Pages 3668-3669]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-1012]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
[Docket No. NHTSA-2008-0074; Notice 2]
Goodyear Tire & Rubber Company, Denial of Petition for Decision
of Inconsequential Noncompliance
Goodyear Tire & Rubber Company (Goodyear), has determined that
certain passenger car tires manufactured during the week of January 7,
2008 failed to comply with the labeling requirements of paragraph
S5.5.1(a) of 49 CFR 571.139, Federal Motor Vehicle Safety Standard
(FMVSS) No. 139 New Pneumatic Radial Tires for Light Vehicles. FMVSS
No. 139 requires that radial tires manufactured before September 1,
2009 for use on motor vehicles that have a gross vehicle weight (GVWR)
rating of 10,000 pounds or less must be labeled with the Tire
Identification Number (TIN) on one side of the tire and a full TIN or
partial TIN on the opposite side. Pursuant to 49 CFR Part 573, Goodyear
filed a noncompliance report with the National Highway Traffic Safety
Administration (NHTSA) notifying NHTSA of the noncompliance.
Pursuant to 49 U.S.C. 30118(d) and 30120(h), and 49 CFR part 556,
on March 28, 2008, Goodyear submitted a petition for an exemption from
the notification and remedy requirements of 49 U.S.C. 30118 and 30120
on the basis that this noncompliance is inconsequential to motor
vehicle safety. NHTSA published notice of receipt of the petition, with
a 30-day public comment period, on June 12, 2008 in the Federal
Register. 73 FR 33486. In response to the petition, NHTSA did not
receive any comments. To view the petition and all supporting
documents, log onto the Federal Docket Management System (FDMS) Web
site at: https://www.regulations.gov/. Then follow the online search
instructions to locate docket number ``NHTSA-2008-0074.''
For further information on this decision, contact Mr. George
Gillespie, Office of Vehicle Safety Compliance, NHTSA, telephone (202)
366-5299, facsimile (202) 366-7002.
Summary of Goodyear's Petition
Goodyear petitioned NHTSA for a determination that a noncompliance
in approximately 18 Goodyear Eagle RS-A P235/55R18 99V passenger car
tires manufactured in its Lawton, Oklahoma plant during the week of
January 7, 2008 is inconsequential to motor vehicle safety. Paragraph
S5.5.1(a) of FMVSS No. 139 requires that radial tires manufactured
before September 1, 2009 for motor vehicles less than 10,000 GVWR be
permanently labeled with (1) a full TIN required by 49 CFR Part 574 on
one sidewall of the tire, and (2) except for retreaded tires, either
the full or a partial TIN containing all characters in the TIN, except
for the date code, and at the discretion of the manufacturer, any
optional code, must be labeled on the other sidewall of the tire.\1\
---------------------------------------------------------------------------
\1\ Tires manufactured after September 1, 2009 must be labeled
with the TIN on the intended outboard sidewall of a tire and either
the TIN or partial TIN on the other sidewall. 49 CFR 571.139
S5.5.1(b). If a tire manufactured after September 1, 2009 does not
have an intended outboard sidewall, one sidewall must be labeled
with the TIN and the other sidewall must have either a TIN or
partial TIN. Id.
---------------------------------------------------------------------------
In its petition, Goodyear stated that the 18 Goodyear Eagle RS-A
P235/55R18 99V passenger car tires were mismarked.
Goodyear described the noncompliance as a failure to mark the tires
with a complete or partial TIN on the sidewall opposite the sidewall
with the full TIN. Thus, Goodyear describes the noncompliance as
follows:
Actual stamping is ``NOT FOR SALE'' (on one sidewall) Correct
stamping should be: ``M60Y LNER.'' (on that sidewall).
Goodyear makes the argument that this noncompliance is
inconsequential to motor vehicle safety because the tires meet or
exceed all other applicable FMVSS performance standards, and that the
tires were designed, manufactured and tested to the standards and
regulations as applicable and they meet all regulatory performance test
requirements.
Goodyear also explains its belief that the Tire Identification
Number (TIN) and the partial TIN are used to properly identify tires
that are involved in a safety campaign. Goodyear stated its belief that
the full TIN is molded on the intended outboard sidewall of these tires
and consumers could be directed to have both sidewalls inspected for
the TIN if any safety campaign would be required for these tires in the
future. Goodyear compared this situation to that of any tire involved
in a safety campaign that required the 4-digit week and year code to
determine if it were involved.
Goodyear also stated that it has corrected the problem that caused
these errors so that they will not be repeated in future production.
In summation, Goodyear states that it believes that because the
noncompliances are inconsequential to motor vehicle safety that no
corrective action is warranted.
NHTSA's Decision
NHTSA does not agree that Goodyear's noncompliance with FMVSS No.
139 is inconsequential to motor vehicle safety. As discussed below, the
tire markings required by paragraph S5.5.1(a) of FMVSS No. 139 provide
valuable information to assist consumers in determining if their tires
are the subject of a safety recall.
The Firestone tire recalls in year 2000 highlighted the difficulty
that consumers experienced when attempting to determine whether a tire
is subject to a recall if the tire is mounted so that the sidewall
bearing the TIN faces inward, i.e., underneath the vehicle. After a
series of congressional hearings about the safety of and experiences
regarding the Firestone tires involved in those recalls,
[[Page 3669]]
Congress passed and the president signed into law the Transportation
Recall Enhancement, Accountability, and Documentation (TREAD) Act on
November 1, 2000. Public Law 106-414. 114 Stat. 1800.
One matter addressed by the TREAD Act was tire labeling. Section 11
of the TREAD Act required a rulemaking to improve the labeling of tires
to assist consumers in identifying tires that may be the subject of a
recall.
In response to the TREAD Act's mandate, NHTSA published a final
rule that, among other things, required that the TIN be placed on a
sidewall of the tire and a full or partial TIN be placed on the other
sidewall. See 67 FR 69600, 69628 (November 18, 2002), as amended 69 FR
31306 (June 3, 2004). In the preamble to the 2002 final rule, the
agency identified the safety problem which prompted the issuance of the
rule. 67 FR at 69602, 69606 and 69610. The agency explained that when
tires are mounted so that the TIN appears on the inward facing
sidewalls, motorists have three difficult and inconvenient options for
locating and recording the TINs. Consumers must either: (1) Slide under
the vehicle with a flashlight, pencil and paper and search the inside
sidewalls for the TINs; (2) remove each tire, find and record the TIN,
and then replace the tire; or (3) enlist the aid of a garage or service
station that can perform option 1 or place the vehicle on a vehicle
lift so that the TINs can be found and recorded. Without any TIN
information on the outside sidewalls of tires, the difficulty and
inconvenience of obtaining the TIN by consumers results in a reduction
of the number of people who respond to a tire recall campaign and the
number of motorists who unknowingly continue to drive vehicles with
potentially unsafe tires.
Goodyear suggests that a recall of these tires could include an
instruction to check the inboard sidewall if the TIN is not found on
the outboard sidewall. This approach is inadequate. The noncompliance
here is the exact problem that plagued millions of Firestone tire
owners in 2000 and one that Congress mandated that NHTSA address. When
the TIN is placed on one sidewall of a tire and that sidewall is
mounted on the inboard side of a wheel, it is very difficult and
inconvenient for the consumer to locate and record the TIN. In such
situations, consumers who attempt to determine if a tire is within the
scope of a recall may not be able to read the inboard sidewall without
taking one of the three inconvenient steps discussed above. The
difficulty and inconvenience that locating a TIN under these
circumstances poses serious impediments to the successful recall of the
noncompliant tire, which may result in motorists continuing to drive
their vehicles with potentially unsafe tires.
While NHTSA has determined in the past that in some instances TIN
marking omissions were inconsequential to motor vehicle safety, those
determinations occurred prior to the adoption of FMVSS No. 139 pursuant
to the TREAD Act. Following the enactment of the TREAD Act, NHTSA found
that there is a safety need for a full TIN on one sidewall and a full
or partial TIN on the other sidewall. As previously discussed, FMVSS
No. 139 now requires TIN markings on both sidewalls of a tire so that
consumers can readily determine if a tire is subject to a safety
recall. Accordingly, the omission of a TIN or partial TIN on either
sidewall is now considered to be a serious safety problem.
In consideration of the foregoing, NHTSA has decided that the
petitioner has not met its burden of persuasion that the noncompliance
described is inconsequential to motor vehicle safety. Accordingly,
Goodyear's petition is hereby denied, and the petitioner must notify
owners, purchasers and dealers pursuant to 49 U.S.C. 30118 and provide
a remedy in accordance with 49 U.S.C. 30120.
Authority: (49 U.S.C. 30118, 30120: delegations of authority at
CFR 1.50 and 501.8)
Issued on: January 13, 2009.
Daniel C. Smith,
Associate Administrator for Enforcement.
[FR Doc. E9-1012 Filed 1-16-09; 8:45 am]
BILLING CODE 4910-59-P
