Goodyear Tire and Rubber Company, Grant of Petition for Decision of Inconsequential Noncompliance, 68306-68307 [E9-30444]

Download as PDF 68306 Federal Register / Vol. 74, No. 245 / Wednesday, December 23, 2009 / Notices accidents. As a result, operators and repair stations are required to report any malfunctions and defects to the Administrator. ADDRESSES: Interested persons are invited to submit written comments on the proposed information collection to the Office of Information and Regulatory Affairs, Office of Management and Budget. Comments should be addressed to the attention of the Desk Officer, Department of Transportation/FAA, and sent via electronic mail to oira_submission@omb.eop.gov, or faxed to (202) 395–6974, or mailed to the Office of Information and Regulatory Affairs, Office of Management and Budget, Docket Library, Room 10102, 725 17th Street, NW., Washington, DC 20503. 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 estimates 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 in Washington, DC, on December 14, 2009. Carla Mauney, FAA Information Collection Clearance Officer, IT Enterprises Business Services Division, AES–200. [FR Doc. E9–30309 Filed 12–22–09; 8:45 am] BILLING CODE 4910–13–M DEPARTMENT OF TRANSPORTATION Federal Aviation Administration Agency Information Collection Activity Seeking OMB Approval srobinson on DSKHWCL6B1PROD with NOTICES AGENCY: Federal Aviation Administration (FAA), DOT. ACTION: Notice. SUMMARY: The FAA invites public comments about our intention to request the Office of Management and Budget’s (OMB) revision of a current information collection. The Federal Register Notice with a 60-day comment period soliciting comments on the following collection of information was published on October 16, 2009, vol. 74, no. 199, pages 53317–53318. This action responds to the Wendall H. Ford Investment and Reform Act for the 21st Century by requiring that all persons who remove VerDate Nov<24>2008 16:41 Dec 22, 2009 Jkt 220001 any life-limited aircraft part have a method to prevent the installation of that part after it has reached its life limit. burden of the collection of information on respondents, including the use of automated collection techniques or other forms of information technology. DATES: Please submit comments by January 22, 2010. FOR FURTHER INFORMATION CONTACT: Carla Mauney at Carla.Mauney@faa.gov. SUPPLEMENTARY INFORMATION: Issued in Washington, DC, on December 14, 2009. Carla Mauney, FAA Information Collection Clearance Officer, IT Enterprises Business Services Division, AES–200. [FR Doc. E9–30310 Filed 12–22–09; 8:45 am] Federal Aviation Administration (FAA) Title: Safe Disposition of Life-Limited Aircraft Parts. Type of Request: Extension without change of a currently approved collection. OMB Control Number: 2120–0665. Form(s): There are no FAA forms associated with this collection. Affected Public: An estimated 8,000 Respondents. Frequency: This information is collected on occasion. Estimated Average Burden per Response: Approximately 1.04 hours per response. Estimated Annual Burden Hours: An estimated 104,000 hours annually. Abstract: This action responds to the Wendall H. Ford Investment and Reform Act for the 21st Century by requiring that all persons who remove any lifelimited aircraft part have a method to prevent the installation of that part after it has reached its life limit. This action reduces the risk of life-limited parts being used beyond their life limits. This action would also require that manufacturers of life-limited parts provide marking instructions when requested. ADDRESSES: Interested persons are invited to submit written comments on the proposed information collection to the Office of Information and Regulatory Affairs, Office of Management and Budget. Comments should be addressed to the attention of the Desk Officer, Department of Transportation/FAA, and sent via electronic mail to oira_submission@omb.eop.gov, or faxed to (202) 395–6974, or mailed to the Office of Information and Regulatory Affairs, Office of Management and Budget, Docket Library, Room 10102, 725 17th Street, NW., Washington, DC 20503. 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 estimates 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 PO 00000 Frm 00083 Fmt 4703 Sfmt 4703 BILLING CODE 4910–13–M DEPARTMENT OF TRANSPORTATION National Highway Traffic Safety Administration [Docket No. NHTSA–2008–0184; Notice 2] Goodyear Tire and Rubber Company, Grant of Petition for Decision of Inconsequential Noncompliance Goodyear Tire and Rubber Company (Goodyear), has determined that certain passenger car tires manufactured from June 2, 2008, through July 10, 2008, did not fully comply with paragraphs S5.5(e) and 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. Notice of receipt of the petition was published, with a 30day public comment period, on December 18, 2008, in the Federal Register (73 FR 77105). No comments were received. To view the petition and all supporting documents log onto the Federal Docket Management System Web site at: http://www.regulations. gov/. Then follow the online search instructions to locate docket number ‘‘NHTSA–2008–0184.’’ 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 112 size P265/60R18 109S Dunlop Rover AT passenger car tires manufactured from June 2, 2008, through July 10, 2008. Paragraphs S5.5(e) and S5.5(f) of FMVSS No. 139 require in pertinent part: E:\FR\FM\23DEN1.SGM 23DEN1 Federal Register / Vol. 74, No. 245 / Wednesday, December 23, 2009 / Notices 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* * * (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* * * srobinson on DSKHWCL6B1PROD with NOTICES Goodyear explains that the noncompliance is that, due to a mold labeling error, the sidewall marking incorrectly describes the plies in the tread area of the tires. Specifically, the tires in question were inadvertently manufactured with ‘‘Tread 2 Polyester + 2 Steel + 1 Nylon’’ marked on the sidewall. The labeling should have been ‘‘Tread 2 Polyester + 2 Steel.’’ Goodyear makes the argument that this noncompliance is inconsequential to motor vehicle safety because the noncompliant sidewall marking does not affect the safety of the tire and that the tires as built are in compliance with all other sidewall identification markings and all applicable tire performance requirements specified in FMVSS No. 139. Goodyear 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 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 Decision The agency agrees with Goodyear that the noncompliances are 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 VerDate Nov<24>2008 16:41 Dec 22, 2009 Jkt 220001 operational safety of vehicles on which these tires are mounted. 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 ply material or 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 CFR 1.50 and 501.8) Issued on: December 17, 2009. Claude Harris, Director, Office of Vehicle Safety Compliance. [FR Doc. E9–30444 Filed 12–22–09; 8:45 am] DEPARTMENT OF TRANSPORTATION Federal Aviation Administration Seventh Meeting, Special Committee 213/EUROCAE WG 79: Enhanced Flight Vision Systems/Synthetic Vision Systems (EFVS/SVS) AGENCY: Federal Aviation Administration (FAA), DOT. Frm 00084 Fmt 4703 ACTION: Notice of RTCA Special Committee 213/EUROCAE WG 79: Enhanced Flight Vision Systems/ Synthetic Vision Systems (EFVS/SVS). SUMMARY: The FAA is issuing this notice to advise the public of a meeting of RTCA Special Committee 213/ EUROCAE WG 79: Enhanced Flight Vision Systems/Synthetic Vision Systems (EFVS/SVS). DATES: The meeting will be held January 26–28, 2010. Sign-in: 8:30 a.m. on January 26, 2010. Meeting: 9 a.m.–5 p.m. ADDRESSES: The meeting will be held at FAA Long Beach Aircraft Evaluation Group (LGB AEG), 3960 Paramount Blvd., Lakewood, California 90712– 4137, 1st Floor Conference Rooms A, B, & C, 562–627–5216 (conf. room A). Objective: Per Terms of Reference, this meeting will review draft MASPS for EFVS approach and landing and potential draft MASPS material for SVS. FOR FURTHER INFORMATION CONTACT: (1) RTCA Secretariat, 1828 L Street, NW., Suite 805, Washington, DC 20036; telephone (202) 833–9339; fax (202) 833–9434; Web site http://www.rtca.org. For further meeting information, contact Harold Moses 202–330–0654; Web site HMoses@rtca.org Pursuant to section 10(a)(2) of the Federal Advisory Committee Act (P.L. 92–463, 5 U.S.C., Appendix 2), notice is hereby given for a Special Committee 213/ EUROCAE WG 79: Enhanced Flight Vision Systems/Synthetic Vision Systems (EFVS/SVS) meeting. The agenda will include: SUPPLEMENTARY INFORMATION: Tuesday, 26 January • Sign-in at 8:30 a.m.; • 9 a.m.–5 p.m.—Plenary (including breaks and lunch); • Welcome, introductions, review agenda, minutes approval, and objectives; • Plenary work group updates, action item review; • Separate work group 1 and 2 discussions if needed. Wednesday, 27 January BILLING CODE 4910–59–P PO 00000 68307 Sfmt 4703 • 9 a.m.–5 p.m.—Plenary including breaks and lunch. Thursday, 28 January • 9 a.m.–3 p.m.—Plenary (including breaks and lunch); • Agree on draft MASPS; • Review action items; • Review administrative items. Attendance is open to the interested public but limited to space availability. With the approval of the chairmen, E:\FR\FM\23DEN1.SGM 23DEN1

Agencies

[Federal Register Volume 74, Number 245 (Wednesday, December 23, 2009)]
[Notices]
[Pages 68306-68307]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-30444]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2008-0184; Notice 2]


Goodyear Tire and Rubber Company, Grant of Petition for Decision 
of Inconsequential Noncompliance

    Goodyear Tire and Rubber Company (Goodyear), has determined that 
certain passenger car tires manufactured from June 2, 2008, through 
July 10, 2008, did not fully comply with paragraphs S5.5(e) and 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. Notice of receipt of the petition was published, with a 30-day 
public comment period, on December 18, 2008, in the Federal Register 
(73 FR 77105). No comments were received. To view the petition and all 
supporting documents log onto the Federal Docket Management System Web 
site at: http://www.regulations.gov/ gov/. Then follow the online search 
instructions to locate docket number ``NHTSA-2008-0184.''
    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 112 size P265/60R18 109S Dunlop Rover AT 
passenger car tires manufactured from June 2, 2008, through July 10, 
2008.
    Paragraphs S5.5(e) and S5.5(f) of FMVSS No. 139 require in 
pertinent part:


[[Page 68307]]


    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* * *
    (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* * *

    Goodyear explains that the noncompliance is that, due to a mold 
labeling error, the sidewall marking incorrectly describes the plies in 
the tread area of the tires. Specifically, the tires in question were 
inadvertently manufactured with ``Tread 2 Polyester + 2 Steel + 1 
Nylon'' marked on the sidewall. The labeling should have been ``Tread 2 
Polyester + 2 Steel.''
    Goodyear makes the argument that this noncompliance is 
inconsequential to motor vehicle safety because the noncompliant 
sidewall marking does not affect the safety of the tire and that the 
tires as built are in compliance with all other sidewall identification 
markings and all applicable tire performance requirements specified in 
FMVSS No. 139.
    Goodyear 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 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 Decision

    The agency agrees with Goodyear that the noncompliances are 
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.
    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 ply material or 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 
CFR 1.50 and 501.8)

    Issued on: December 17, 2009.
Claude Harris,
Director, Office of Vehicle Safety Compliance.
[FR Doc. E9-30444 Filed 12-22-09; 8:45 am]
BILLING CODE 4910-59-P