Goodyear Tire & Rubber Company, Grant of Petition for Decision of Inconsequential Noncompliance, 10804-10805 [E9-5277]
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10804
Federal Register / Vol. 74, No. 47 / Thursday, March 12, 2009 / Notices
approval, it must first publish a
document in the Federal Register
providing a 60-day comment period and
otherwise consult with members of the
public and affected agencies concerning
each proposed collection of information.
OMB has promulgated regulations
describing what must be included in
such a document. Under OMB’s
regulation (at 5 CFR 1320.8(d)), an
agency must ask for public comment on
the following:
(i) Whether the proposed collection of
information is necessary for the proper
performance of the functions of the
agency, including whether the
information will have practical utility;
(ii) The accuracy of the agency’s
estimate of the burden of the proposed
collection of information, including the
validity of the methodology and
assumptions used;
(iii) How to enhance the quality,
utility, and clarity of the information to
be collected;
(iv) How to minimize the burden of
the collection of information on those
who are to respond, including the use
of appropriate automated, electronic,
mechanical, or other technological
collection techniques or other forms of
information technology, e.g., permitting
electronic submission of responses.
In compliance with these
requirements, NHTSA asks for public
comments on the following proposed
collection of information:
Title: Designation of Agent for Service
of Process.
OMB Control Number: 2127–0040.
Requested Expiration Date of
Approval: Three years from the
approval date.
Type of Request: Extension of
previously approved collection.
Affected Public: Business or other forprofit.
Form Number: N/A.
Abstract: This collection of
information applies to motor vehicle
and motor vehicle equipment
manufacturers located outside of the
United States (‘‘foreign manufacturers’’).
Section 110(e) of the National Traffic
and Motor Vehicle Safety Act of 1966
(49 U.S.C. 30164) requires a foreign
manufacturer offering a motor vehicle or
motor vehicle equipment for
importation into the United States to
designate a permanent resident of the
United States as its agent upon whom
service of notices and processes may be
made in administrative and judicial
proceedings. These designations are
required to be filed with NHTSA.
NHTSA requires this information in
case it needs to advise a foreign
manufacturer of a safety related defect
in its products so that the manufacturer
VerDate Nov<24>2008
14:56 Mar 11, 2009
Jkt 217001
can, in turn, notify purchasers and
correct the defect. This information also
enables NHTSA to serve a foreign
manufacturer with all administrative
and judicial processes, notices, orders,
decisions and requirements.
When NHTSA amended the
regulation implementing that statutory
requirement, codified at 49 CFR Part
551, subpart D, NHTSA included an
appendix containing a suggested
designation form for use by foreign
manufacturers and their agents. The
purpose of the suggested designation
format was to simplify the information
collection and submission process, and
thereby reduce the burden imposed on
each covered manufacturer by 49 CFR
Part 551, subpart D. To further
streamline the information collection
process, NHTSA has set up a customer
Web site that may be accessed at https://
www.nhtsa.dot.gov/cars/rules/
manufacture/agent/customer.html.
Estimated Annual Burden: 120 hours.
Estimated Number of Respondents:
240 respondents.
The Comments are invited on:
Whether the proposed collection of
information is necessary for the proper
performance of the functions of the
Department, including whether the
information will have practical utility;
the accuracy of the Department’s
estimate of the burden of the proposed
information collection; ways to enhance
the quality, utility and clarity of the
information to be collected; and ways to
minimize the burden of the collection of
information on respondents, including
the use of automated collection
techniques or other forms of information
technology.
Issued on: March 9, 2009.
John Donaldson,
Assistant Chief Counsel for Legislation and
General Law.
[FR Doc. E9–5394 Filed 3–11–09; 8:45 am]
BILLING CODE 4910–59–P
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety
Administration
[Docket No. NHTSA–2008–0119; Notice 2]
Goodyear Tire & Rubber Company,
Grant 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
PO 00000
Frm 00101
Fmt 4703
Sfmt 4703
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) and the rule implementing
those provisions 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. Notice of receipt of
the petition was published, with a 30day public comment period, on June 26,
2008 in the Federal Register (73 FR
36372). No comments were received. To
view the petition and all supporting
documents log onto the Federal Docket
Management System Web site at: https://
www.regulations.gov/. Then follow the
online search instructions to locate
docket number ‘‘NHTSA–2008–0119.’’
For further information on this
decision, contact Mr. George Gillespie,
Office of Vehicle Safety Compliance, the
National Highway Traffic Safety
Administration (NHTSA), telephone
(202) 366–5299, facsimile (202) 366–
7002.
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 in pertinent part:
S5.5 Tire markings. Except as specified in
paragraphs (a) through (i) of S5.5, each tire
must be marked on each sidewall with the
information specified in S5.5(a) through (d)
and on one sidewall with the information
specified in S5.5(e) through (i) 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 inches * * *
(f) The actual number of plies in the
sidewall, and the actual number of plies in
the tread area, if different; * * *
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Federal Register / Vol. 74, No. 47 / Thursday, March 12, 2009 / Notices
cprice-sewell on PRODPC61 with NOTICES
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’’. (Emphasis added).
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.
Goodyear also stated that it will
correct the problem that caused these
errors so that they will not be repeated
in future production.
NHTSA Decision
The agency agrees with Goodyear that
the noncompliance is inconsequential to
motor vehicle safety. 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. The safety of
people working in the tire retread,
repair, and recycling industries must
also be considered.
Although tire construction affects the
strength and durability, neither the
agency nor the tire industry provides
information relating tire strength and
durability to the number of plies and
types of ply cord material in the tread
and sidewall. Therefore, tire dealers and
customers should consider the tire
construction information along with
other information such as the load
capacity, maximum inflation pressure,
and tread wear, temperature, and
traction ratings, to assess performance
capabilities of various tires. In the
agency’s judgment, the incorrect
labeling of the tire construction
information will have an
inconsequential effect on motor vehicle
VerDate Nov<24>2008
14:56 Mar 11, 2009
Jkt 217001
safety because most consumers do not
base tire purchases or vehicle operation
parameters on the number of plies in a
tire.
The agency also believes the
noncompliance will have no measurable
effect on the safety of the tire retread,
repair, and recycling industries. The use
of steel cord construction in the
sidewall and tread is the primary safety
concern of these industries. In this case,
since the tire sidewalls are marked
correctly for the number of steel plies,
this potential safety concern does not
exist.
In consideration of the foregoing,
NHTSA has decided that Goodyear has
met its burden of persuasion that the
subject FMVSS No. 139 labeling
noncompliance 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 subject
noncompliance under 49 U.S.C. 30118
and 30120.
Authority: 49 U.S.C. 30118, 30120;
delegations of authority at 49 CFR 1.50 and
501.8.
Issued on: March 4, 2009.
Daniel C. Smith,
Associate Administrator for Enforcement.
[FR Doc. E9–5277 Filed 3–11–09; 8:45 am]
BILLING CODE 4910–59–P
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety
Administration
[Docket No. NHTSA–2008–0087; Notice 2]
Michelin North America, Grant of
Petition for Decision of
Inconsequential Noncompliance
Michelin North America, Inc. (MNA),
has determined that certain light vehicle
tires that it manufactured during the
period beginning September 22, 2007
through October 26, 2007 (DOT weeks
3707 and 4207), do not fully comply
with paragraphs S5.5 & S5.5(c) of 49
CFR 571.139 Federal Motor Vehicle
Safety Standard (FMVSS) No. 139 New
Pneumatic Radial Tires for Light
Vehicles. MNA has filed an appropriate
report pursuant to 49 CFR Part 573,
Defect and Noncompliance
Responsibility and Reports. Notice of
receipt of a petition was published, with
a 30-day comment period, on May 12,
2008, in the Federal Register (73 FR
27024). No comments were received. To
view the petition and all supporting
documents log onto the Federal Docket
Management System Web site at:
PO 00000
Frm 00102
Fmt 4703
Sfmt 4703
10805
https://www.regulations.gov/. Then
follow the online search instructions to
locate docket number ‘‘NHTSA–2008–
0087.’’
For further information on this
decision, contact Mr. George Gillespie,
Office of Vehicle Safety Compliance, the
National Highway Traffic Safety
Administration (NHTSA), telephone
(202) 366–5299, facsimile (202) 366–
7002.
Affected are approximately 3,385
Michelin brand P235/55R17 98H MXV4
PLUS tires, produced September 22,
2007 through October 26, 2007 (DOT
weeks 3707 and 4207). Paragraphs S5.5
& S5.5(c) of 49 CFR 571.139 require in
pertinent part that:
S5.5 Tire markings. Except as specified in
paragraphs (a) through (i) of S5.5, each tire
must be marked on each sidewall with the
information specified in S5.5(a) through (d)
and on one sidewall with the information
specified in S5.5(e) through (i) 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 inches.
S5.5(c) The maximum permissible inflation
pressure, subject to the limitations of S5.5.4
through S5.5.6 of this standard.
MNA explained that the subject tires
were manufactured with an incorrect
maximum pressure value (350kPa (51
PSI)) marked on the outboard (reference)
sidewall while the correct maximum
pressure value (300 kPa (44 PSI)) was
marked on the inboard sidewall. MNA
expressed its belief that both maximum
pressure values marked on the tires are
acceptable choices for this tire. MNA
also believes that the noncompliance
exists because two maximum pressure
values have been applied to the same
tire.
MNA defends its belief that the
noncompliance is inconsequential to
motor vehicle safety by stating the
following reasons:
(1) Performance requirements—The
subject tires meet or exceed all of the
minimum performance requirements of
FMVSS No. 139.
(2) Maximum Pressure Value—
Paragraph S5.5.4 of FMVSS No. 139
limits the choices for the allowed
maximum inflation pressure to 240, 280,
290, 300, 330, 340, 350, or 390 kPa
E:\FR\FM\12MRN1.SGM
12MRN1
]]>Agencies
[Federal Register Volume 74, Number 47 (Thursday, March 12, 2009)]
[Notices]
[Pages 10804-10805]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-5277]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
[Docket No. NHTSA-2008-0119; Notice 2]
Goodyear Tire & Rubber Company, Grant 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) and the rule
implementing those provisions 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. Notice of
receipt of the petition was published, with a 30-day public comment
period, on June 26, 2008 in the Federal Register (73 FR 36372). No
comments were received. To view the petition and all supporting
documents log onto the Federal Docket Management System Web site at:
https://www.regulations.gov/. Then follow the online search instructions
to locate docket number ``NHTSA-2008-0119.''
For further information on this decision, contact Mr. George
Gillespie, Office of Vehicle Safety Compliance, the National Highway
Traffic Safety Administration (NHTSA), telephone (202) 366-5299,
facsimile (202) 366-7002.
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 in pertinent part:
S5.5 Tire markings. Except as specified in paragraphs (a)
through (i) of S5.5, each tire must be marked on each sidewall with
the information specified in S5.5(a) through (d) and on one sidewall
with the information specified in S5.5(e) through (i) 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 inches * *
*
(f) The actual number of plies in the sidewall, and the actual
number of plies in the tread area, if different; * * *
[[Page 10805]]
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''. (Emphasis added).
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 Decision
The agency agrees with Goodyear that the noncompliance is
inconsequential to motor vehicle safety. 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. The safety of
people working in the tire retread, repair, and recycling industries
must also be considered.
Although tire construction affects the strength and durability,
neither the agency nor the tire industry provides information relating
tire strength and durability to the number of plies and types of ply
cord material in the tread and sidewall. Therefore, tire dealers and
customers should consider the tire construction information along with
other information such as the load capacity, maximum inflation
pressure, and tread wear, temperature, and traction ratings, to assess
performance capabilities of various tires. In the agency's judgment,
the incorrect labeling of the tire construction information will have
an inconsequential effect on motor vehicle safety because most
consumers do not base tire purchases or vehicle operation parameters on
the number of plies in a tire.
The agency also believes the noncompliance will have no measurable
effect on the safety of the tire retread, repair, and recycling
industries. The use of steel cord construction in the sidewall and
tread is the primary safety concern of these industries. In this case,
since the tire sidewalls are marked correctly for the number of steel
plies, this potential safety concern does not exist.
In consideration of the foregoing, NHTSA has decided that Goodyear
has met its burden of persuasion that the subject FMVSS No. 139
labeling noncompliance 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 subject noncompliance under 49 U.S.C. 30118 and 30120.
Authority: 49 U.S.C. 30118, 30120; delegations of authority at
49 CFR 1.50 and 501.8.
Issued on: March 4, 2009.
Daniel C. Smith,
Associate Administrator for Enforcement.
[FR Doc. E9-5277 Filed 3-11-09; 8:45 am]
BILLING CODE 4910-59-P
