The Goodyear Tire & Rubber Company, Receipt of Petition for Decision of Inconsequential Noncompliance, 81712-81713 [2010-32558]

Download as PDF emcdonald on DSK2BSOYB1PROD with NOTICES 81712 Federal Register / Vol. 75, No. 248 / Tuesday, December 28, 2010 / Notices for importation into the United States because they are substantially similar to vehicles that were originally manufactured for importation into and sale in the United States and that were certified by their manufacturer as complying with the safety standards (the U.S.-certified version of the 1991 Rice Beaufort Double trailers,) and they are capable of being readily altered to conform to the standards. DATES: The closing date for comments on the petition is January 27, 2011. ADDRESSES: Comments should refer to the docket and notice numbers above and be submitted by any of the following methods: • Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the online instructions for submitting comments. • Mail: Docket Management Facility: U.S. Department of Transportation, 1200 New Jersey Avenue, SE., West Building Ground Floor, Room W12–140, Washington, DC 20590–0001. • Hand Delivery or Courier: West Building Ground Floor, Room W12–140, 1200 New Jersey Avenue, SE., between 9 a.m. and 5 p.m. ET, Monday through Friday, except Federal holidays. • Fax: 202–493–2251. Instructions: 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 http://www.regulations.gov, including any personal information provided. Please see the Privacy Act heading below. Privacy Act: 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.). You may review DOT’s complete Privacy Act Statement in the Federal Register published on April 11, 2000 (65 FR 19477–78). How to Read Comments Submitted to the Docket: You may read the comments received by Docket Management at the address and times given above. You may also view the documents from the Internet at http://www.regulations.gov. Follow the online instructions for accessing the dockets. The docket ID VerDate Mar<15>2010 22:37 Dec 27, 2010 Jkt 223001 number and title of this notice are shown at the heading of this document notice. Please note that even after the comment closing date, we will continue to file relevant information in the Docket as it becomes available. Further, some people may submit late comments. Accordingly, we recommend that you periodically search the Docket for new material. FOR FURTHER INFORMATION CONTACT: Coleman Sachs, Office of Vehicle Safety Compliance, NHTSA (202–366–3151). SUPPLEMENTARY INFORMATION: Background Under 49 U.S.C. 30141(a)(1)(A), a motor vehicle that was not originally manufactured to conform to all applicable FMVSS shall be refused admission into the United States unless NHTSA has decided that the motor vehicle is substantially similar to a motor vehicle originally manufactured for importation into and sale in the United States, certified under 49 U.S.C. 30115, and of the same model year as the model of the motor vehicle to be compared, and is capable of being readily altered to conform to all applicable FMVSS. Petitions for eligibility decisions may be submitted by either manufacturers or importers who have registered with NHTSA pursuant to 49 CFR Part 592. As specified in 49 CFR 593.7, NHTSA publishes notice in the Federal Register of each petition that it receives, and affords interested persons an opportunity to comment on the petition. At the close of the comment period, NHTSA decides, on the basis of the petition and any comments that it has received, whether the vehicle is eligible for importation. The agency then publishes this decision in the Federal Register. J.K. Technologies, LLC (‘‘JK’’), of Baltimore, Maryland (Registered Importer 90–006) has petitioned NHTSA to decide whether nonconforming 1991 Rice Beaufort Double trailers are eligible for importation into the United States. The vehicles which JK believes are substantially similar are 1991 Rice Beaufort Double trailers that were manufactured for sale in the United States and certified by their manufacturer as conforming to all applicable FMVSS. The petitioner states that it compared non-U.S. certified 1991 Rice Beaufort Double trailers to their U.S.-certified counterparts, and found the vehicles to be substantially similar to the U.S. certified model 1991 Rice Beaufort Double trailers. The petitioner contends that the nonconforming 1991 Rice Beaufort PO 00000 Frm 00153 Fmt 4703 Sfmt 4703 Double trailers are capable of being readily altered to meet the following standards, in the manner indicated: Standard No. 108 Lamps, Reflective Devices and Associated Equipment: installation of conforming reflex reflectors, tail lamps, license plate lamps, rear side marker lamps, front side marker lamps, intermediate side markers lamps, rear identification lamps, and front and rear clearance lamps, to achieve compliance with the standard. Standard No. 119 New Pneumatic Tires for Vehicles Other than Passenger Cars: inspection of all vehicles and replacement of any nonconforming tires with ones that meet the standard. Standard No. 120 Tire Selection and Rims for Motor Vehicles Other than Passenger Cars: installation of a tire information placard, and inspection of all vehicles and replacement of any nonconforming rims with ones that meet the standard. All comments received before the close of business on the closing date indicated above will be considered, and will be available for examination in the docket at the above address both before and after that date. To the extent possible, comments filed after the closing date will also be considered. Notice of final action on the petition will be published in the Federal Register pursuant to the authority indicated below. Authority: 49 U.S.C. 30141(a)(1)(A) and (b)(1); 49 CFR 593.8; delegations of authority at 49 CFR 1.50 and 501.8. Issued on: December 20, 2010. Claude H. Harris, Acting Associate Administrator for Enforcement. [FR Doc. 2010–32559 Filed 12–27–10; 8:45 am] BILLING CODE 4910–59–P DEPARTMENT OF TRANSPORTATION National Highway Traffic Safety Administration [Docket No. NHTSA–2010–0174; Notice 1] The Goodyear Tire & Rubber Company, Receipt of Petition for Decision of Inconsequential Noncompliance The Goodyear Tire & Rubber Company (Goodyear) 1 has determined that certain Goodyear commercial truck tires manufactured between April 2007 and July 2010 do not fully comply with 1 The Goodyear Tire & Rubber Company (Goodyear) is a State of Ohio corporation that manufactures replacement motor vehicle equipment. E:\FR\FM\28DEN1.SGM 28DEN1 Federal Register / Vol. 75, No. 248 / Tuesday, December 28, 2010 / Notices the requirements of paragraph S6.5(f) of Federal Motor Vehicle Safety Standard (FMVSS) No. 119, New Pneumatic Tires for Motor Vehicles with a GVWR of more than 4,536 Kilograms (10,000 Pounds) and Motorcycles. Goodyear has filed an appropriate report pursuant to 49 CFR part 573, Defect and Noncompliance Responsibility and Reports, dated August 12, 2010. 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 43,887 Goodyear G622 LR–F commercial truck tires manufactured from April 2007 to July 2010. A total of approximately 38,991 of these tires have been delivered to Goodyear’s customers in the United States and Canada. 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.2 Paragraph S6.5 of FMVSS No. 119 requires in pertinent part: emcdonald on DSK2BSOYB1PROD with NOTICES S6.5 Tire markings. Except as specified in this paragraph, each tire shall be marked on each sidewall with the information specified in paragraphs (a) through (j) of this section. The markings shall be placed between the maximum section width (exclusive of sidewall decorations or curb ribs) and the bead on at least one sidewall, unless the maximum section width of the tire is located in an area which is not more than one-fourth of the distance from the bead to the shoulder 2 Goodyear’s petition, which was filed under 49 CFR part 556, requests an agency decision to exempt Goodyear as a replacement equipment manufacturer from the notification and recall responsibilities of 49 CFR part 573 for the 38,991 tires that were delivered to its customers in the United States. However, the agency cannot relieve Goodyear distributors of the prohibitions on the sale, offer for sale, or introduction or delivery for introduction into interstate commerce of the noncompliant tires under their control after Goodyear recognized that the subject noncompliance existed. Those tires must be brought into conformance, exported, or destroyed. In addition, any of the affected tires that Goodyear has not delivered to its customers must be brought into compliance, exported or destroyed. VerDate Mar<15>2010 22:37 Dec 27, 2010 Jkt 223001 of the tire. If the maximum section width falls within that area, the markings shall 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 shall be in letters and numerals not less than 2 mm (0.078 inch) high and raised above or sunk below the tire surface not less than 0.4 mm (0.015 inch), except that the marking depth shall be not less than 0.25mm (0.010 inch) in the case of motorcycle tires. The tire identification and the DOT symbol labeling shall comply with part 574 of this chapter. Markings may appear on only one sidewall and the entire sidewall area may be used in the case of motorcycle tires and recreational, boat, baggage, and special trailer tires. . . (f) The actual number of plies and the composition of the ply cord material in the sidewall and, if different, in the tread area; Goodyear explains that the noncompliance is that, due to a mold labeling error, the sidewall marking on the reference side of the tires incorrectly identifies the number of plies as ‘‘Tread 5 Plies Steel’’ when in fact it should be identified as ‘‘Tread 4 Plies Steel’’ on the sidewall of the tires as required by paragraph S6.5(f) of FMVSS No. 119. Goodyear also explains that while the non-compliant tires are mislabeled, all of the tires included in this petition meet or exceed the performance requirements of FMVSS No. 119. Goodyear argues that this noncompliance is inconsequential to motor vehicle safety because the noncompliant sidewall marking does not create an unsafe condition and all other labeling requirements have been met. Goodyear also points out that NHTSA has previously granted similar petitions for non-compliances in sidewall marking. Goodyear additionally states that it has corrected the affected tire molds and all future production will have the correct material shown on the sidewall. In summation, Goodyear believes that the described noncompliance of its tires to meet the requirements of FMVSS No. 119 is inconsequential to motor vehicle safety, and that its petition, to exempt from providing recall notification of noncompliance as required by 49 U.S.C. 30118 and remedying the recall noncompliance as required by 49 U.S.C. 30120, and should be granted. 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. PO 00000 Frm 00154 Fmt 4703 Sfmt 4703 81713 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 http:// 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 http:// www.regulations.gov, including any personal information provided. Documents submitted to a docket may be viewed by anyone at the address and times given above. The documents may also be viewed on the Internet at http://www.regulations.gov by following the online instructions for accessing the dockets. DOT’s complete Privacy Act Statement is available for review in the Federal Register published on April 11, 2000 (65 FR 19477–78). 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: January 27, 2011. E:\FR\FM\28DEN1.SGM 28DEN1

Agencies

[Federal Register Volume 75, Number 248 (Tuesday, December 28, 2010)]
[Notices]
[Pages 81712-81713]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-32558]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2010-0174; Notice 1]


The Goodyear Tire & Rubber Company, Receipt of Petition for 
Decision of Inconsequential Noncompliance

    The Goodyear Tire & Rubber Company (Goodyear) \1\ has determined 
that certain Goodyear commercial truck tires manufactured between April 
2007 and July 2010 do not fully comply with the requirements of 
paragraph S6.5(f) of Federal Motor Vehicle Safety Standard (FMVSS) No. 
119, New Pneumatic Tires for Motor Vehicles with a GVWR of more than 
4,536 Kilograms (10,000 Pounds) and Motorcycles. Goodyear has filed an 
appropriate report pursuant to 49 CFR part 573, Defect and 
Noncompliance Responsibility and Reports, dated August 12, 2010.
---------------------------------------------------------------------------

    \1\ The Goodyear Tire & Rubber Company (Goodyear) is a State of 
Ohio corporation that manufactures replacement motor vehicle 
equipment.
---------------------------------------------------------------------------

    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 43,887 Goodyear G622 LR-F commercial 
truck tires manufactured from April 2007 to July 2010. A total of 
approximately 38,991 of these tires have been delivered to Goodyear's 
customers in the United States and Canada.
    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

[[Page 81713]]

noncompliance and to remedy the defect or noncompliance.\2\
---------------------------------------------------------------------------

    \2\ Goodyear's petition, which was filed under 49 CFR part 556, 
requests an agency decision to exempt Goodyear as a replacement 
equipment manufacturer from the notification and recall 
responsibilities of 49 CFR part 573 for the 38,991 tires that were 
delivered to its customers in the United States. However, the agency 
cannot relieve Goodyear distributors of the prohibitions on the 
sale, offer for sale, or introduction or delivery for introduction 
into interstate commerce of the noncompliant tires under their 
control after Goodyear recognized that the subject noncompliance 
existed. Those tires must be brought into conformance, exported, or 
destroyed. In addition, any of the affected tires that Goodyear has 
not delivered to its customers must be brought into compliance, 
exported or destroyed.
---------------------------------------------------------------------------

    Paragraph S6.5 of FMVSS No. 119 requires in pertinent part:

    S6.5 Tire markings. Except as specified in this paragraph, each 
tire shall be marked on each sidewall with the information specified 
in paragraphs (a) through (j) of this section. The markings shall be 
placed between the maximum section width (exclusive of sidewall 
decorations or curb ribs) and the bead on at least one sidewall, 
unless the maximum section width of the tire is located in an area 
which 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, the markings shall 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 shall be in letters and numerals 
not less than 2 mm (0.078 inch) high and raised above or sunk below 
the tire surface not less than 0.4 mm (0.015 inch), except that the 
marking depth shall be not less than 0.25mm (0.010 inch) in the case 
of motorcycle tires. The tire identification and the DOT symbol 
labeling shall comply with part 574 of this chapter. Markings may 
appear on only one sidewall and the entire sidewall area may be used 
in the case of motorcycle tires and recreational, boat, baggage, and 
special trailer tires. . .
    (f) The actual number of plies and the composition of the ply 
cord material in the sidewall and, if different, in the tread area;

    Goodyear explains that the noncompliance is that, due to a mold 
labeling error, the sidewall marking on the reference side of the tires 
incorrectly identifies the number of plies as ``Tread 5 Plies Steel'' 
when in fact it should be identified as ``Tread 4 Plies Steel'' on the 
sidewall of the tires as required by paragraph S6.5(f) of FMVSS No. 
119.
    Goodyear also explains that while the non-compliant tires are 
mislabeled, all of the tires included in this petition meet or exceed 
the performance requirements of FMVSS No. 119.
    Goodyear argues that this noncompliance is inconsequential to motor 
vehicle safety because the noncompliant sidewall marking does not 
create an unsafe condition and all other labeling requirements have 
been met.
    Goodyear also points out that NHTSA has previously granted similar 
petitions for non-compliances in sidewall marking.
    Goodyear additionally states that it has corrected the affected 
tire molds and all future production will have the correct material 
shown on the sidewall.
    In summation, Goodyear believes that the described noncompliance of 
its tires to meet the requirements of FMVSS No. 119 is inconsequential 
to motor vehicle safety, and that its petition, to exempt from 
providing recall notification of noncompliance as required by 49 U.S.C. 
30118 and remedying the recall noncompliance as required by 49 U.S.C. 
30120, and should be granted.
    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.
    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 http://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 http://www.regulations.gov, including any personal information provided.
    Documents submitted to a docket may be viewed by anyone at the 
address and times given above. The documents may also be viewed on the 
Internet at http://www.regulations.gov by following the online 
instructions for accessing the dockets. DOT's complete Privacy Act 
Statement is available for review in the Federal Register published on 
April 11, 2000 (65 FR 19477-78).
    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: January 27, 2011.

    Authority: 49 U.S.C. 30118, 30120: delegations of authority at 
CFR 1.50 and 501.8.

    Issued on: December 20, 2010.
Claude H. Harris,
Acting Associate Administrator for Enforcement.
[FR Doc. 2010-32558 Filed 12-27-10; 8:45 am]
BILLING CODE 4910-59-P