Goodyear Tire and Rubber Company, Receipt of Petition for Decision of Inconsequential Noncompliance, 15045-15046 [2011-6380]

Download as PDF Federal Register / Vol. 76, No. 53 / Friday, March 18, 2011 / Notices DEPARTMENT OF TRANSPORTATION National Highway Traffic Safety Administration [Docket No. NHTSA–2011–0033; Notice 1] Goodyear Tire and Rubber Company, Receipt of Petition for Decision of Inconsequential Noncompliance Emcdonald on DSK2BSOYB1PROD with NOTICES Goodyear Tire and Rubber Company, (Goodyear),1 has determined that approximately 26,224 Goodyear Assurance ComforTred Touring passenger replacement car tires manufactured between January 4, 2010 and September 11, 2010, do not fully comply with paragraph S5.5(e) of Federal Motor Vehicle Safety Standard (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, dated December 16, 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 26,224 Goodyear Assurance ComforTred Touring passenger car replacement tires, size 215/70R15 that were manufactured between January 4, 2010 and September 11, 2010. 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 the 26,224 2 tires that have already passed 1 Goodyear Tire and Rubber Company (Goodyear) is a replacement equipment manufacturer incorporated in the state of Ohio. 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 26,224 of the affected tires. 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 VerDate Mar<15>2010 18:30 Mar 17, 2011 Jkt 223001 from the manufacturer to an owner, purchaser, or dealer. Paragraph S5.5(e) of FMVSS No. 139 require 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 * * * (e) The generic name of each cord material used in the plies (both side-wall and tread area) of the tire; * * * Goodyear explains that the noncompliance is that, due to a mold labeling error, the sidewall marking on the reference side of the tires incorrectly describes the generic name of the cord material in the tread area of the tires as required by paragraph S5.5(e). Specifically, the tires in question were inadvertently manufactured with ‘‘Tread: 1 Polyester Cord + 2 Steel Cords + 1 Polyester Cord. The labeling should have been ‘‘Tread: 1 Polyester Cord + 2 Steel Cords + 1 Nylon Cord.’’ Goodyear argues that this noncompliance is inconsequential to motor vehicle safety because while the non-compliant tires are mislabeled they meet or exceed all applicable Federal Motor Vehicle Safety Standards, the noncompliant sidewall marking does not create an unsafe condition, and all other labeling requirements have been met. Goodyear 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. 139 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. noncompliant tires under their control after Goodyear recognized that the subject noncompliance existed. Those tires must be brought into conformance, exported, or destroyed. PO 00000 Frm 00152 Fmt 4703 Sfmt 4703 15045 30118 and remedying the recall noncompliance as required by 49 U.S.C. 30120, and should be granted. 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 a.m. to 5 p.m. 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: April 18, 2011. E:\FR\FM\18MRN1.SGM 18MRN1 15046 Federal Register / Vol. 76, No. 53 / Friday, March 18, 2011 / Notices Authority: 49 U.S.C. 30118, 30120: delegations of authority at CFR 1.50 and 501.8. Issued on: March 14, 2011. Claude H. Harris, Acting Associate Administrator for Enforcement. [FR Doc. 2011–6380 Filed 3–17–11; 8:45 am] BILLING CODE 4910–59–P DEPARTMENT OF TRANSPORTATION Pipeline and Hazardous Materials Safety Administration Office of Hazardous Materials Safety; Notice of Applications for Modification of Special Permit Pipeline and Hazardous Materials Safety Administration (PHMSA), DOT. ACTION: List of applications for modification of special permits. AGENCY: In accordance with the procedures governing the application SUMMARY: Application No. Docket No. for, and the processing of, special permits from the Department of Transportation’s Hazardous Material Regulations (49 CFR part 107, subpart B), notice is hereby given that the Office of Hazardous Materials Safety has received the applications described herein. This notice is abbreviated to expedite docketing and public notice. Because the sections affected, modes of transportation, and the nature of application have been shown in earlier Federal Register publications, they are not repeated here. Requests for modification of special permits (e.g. to provide for additional hazardous materials, packaging design changes, additional mode of transportation, etc.) are described in footnotes to the application number. Application numbers with the suffix ‘‘M’’ denote a modification request. These applications have been separated from the new application for special permits to facilitate processing. DATES: Comments must be received on or before April 4, 2011. Applicant Regulation(s) affected Address Comments to: Record Center, Pipeline and Hazardous Materials Safety Administration, U.S. Department of Transportation, Washington, DC 20590. Comments should refer to the application number and be submitted in triplicate. If confirmation of receipt of comments is desired, include a selfaddressed stamped postcard showing the special permit number. FOR FURTHER INFORMATION CONTACT: Copies of the applications are available for inspection in the Records Center, East Building, PHH–30, 1200 New Jersey Avenue, Southeast, Washington DC or at http://regulations.gov. This notice of receipt of applications for modification of special permit is published in accordance with part 107 of the Federal hazardous materials transportation law (49 U.S.C. 5 117(b); 49 CFR 1.53(b)). Issued in Washington, DC on March 10, 2011. Donald Burger, Chief, Special Permits and Approvals Branch. Nature of special permit thereof MODIFICATION SPECIAL PERMITS 7765–M ...... Carleton Technologies, Inc., Orchard Park, NY. 49 CFR 173.302(a)(4); 175.3 .............. 11911–M .... Transfer Flow, Inc., Chico, CA. 49 CFR 178.700 thru 178.819 ............ 13199–M .... Carrier Corporation, Jamesbug, NJ. Maritime Helicopters, Homer, AK. 49 CFR 173.302 (c);173.306(e)(1) ...... Vulcore Industrial LLC, Fort Wayne, IN. Mystery Creek Resources Inc., McGrath, AK. 49 CFR 173.302 and 180.205 ............ 13997–M .... 14966–M .... 15118–M .... BILLING CODE 4909–60–M DEPARTMENT OF TRANSPORTATION Emcdonald on DSK2BSOYB1PROD with NOTICES Pipeline and Hazardous Materials Safety Administration Office of Hazardous Materials Safety; Notice of Application for Special Permits Pipeline and Hazardous Materials Safety Administration (PHMSA), DOT. AGENCY: List of applications for special permits. VerDate Mar<15>2010 18:30 Mar 17, 2011 Jkt 223001 49 CFR 172.101 Column (9B) ............ In accordance with the procedures governing the application for, and the processing of, special permits from the Department of Transportation’s Hazardous Material Regulations (49 CFR part 107, subpart B), notice is hereby given that the Office of Hazardous Materials Safety has received the application described herein. Each mode of transportation for which a particular special permit is requested is indicated by a number in the ‘‘Nature of Application’’ portion of the table below as follows: 1—Motor vehicle, 2—Rail freight, 3—Cargo vessel, 4—Cargo aircraft only, 5—Passengercarrying aircraft. SUMMARY: [FR Doc. 2011–6184 Filed 3–17–11; 8:45 am] ACTION: 49 CFR 172.101(9b); 172.302(c) ........ To modify the special permit to authorize a new pressure vessel for use as part of a missile gas storage system. To modify the special permit to authorize new part numbers; to add several new refueling systems; to add two new fuel caps; and to add several new fuel tanks to the special permit. To modify the special permit to authorize a broader range for the amount of refrigerant gas. To modify the special permit to authorize the transportation in commerce of Class I explosives by helicopter sling load. To modify the special permit to authorize a change in mating sealing surface configuration design. To reissue the special permit originally issued as an emergency as a permanent special permit. PO 00000 Frm 00153 Fmt 4703 Sfmt 4703 Comments must be received on or before April 18, 2011. Address Comments To: Record Center, Pipeline and Hazardous Materials Safety Administration, U.S. Department of Transportation, Washington, DC 20590 Comments should refer to the application number and be submitted in triplicate. If confirmation of receipt of comments is desired, include a selfaddressed stamped postcard showing the special permit number. DATES: FOR FURTHER INFORMATION CONTACT: Copies of the applications are available for inspection in the Records Center, East Building, PHH–30, 1200 New E:\FR\FM\18MRN1.SGM 18MRN1

Agencies

[Federal Register Volume 76, Number 53 (Friday, March 18, 2011)]
[Notices]
[Pages 15045-15046]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-6380]



[[Page 15045]]

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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2011-0033; Notice 1]


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

    Goodyear Tire and Rubber Company, (Goodyear),\1\ has determined 
that approximately 26,224 Goodyear Assurance ComforTred Touring 
passenger replacement car tires manufactured between January 4, 2010 
and September 11, 2010, do not fully comply with paragraph S5.5(e) of 
Federal Motor Vehicle Safety Standard (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, dated December 16, 2010.
---------------------------------------------------------------------------

    \1\ Goodyear Tire and Rubber Company (Goodyear) is a replacement 
equipment manufacturer incorporated in the state of Ohio.
---------------------------------------------------------------------------

    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 26,224 Goodyear Assurance ComforTred 
Touring passenger car replacement tires, size 215/70R15 that were 
manufactured between January 4, 2010 and September 11, 2010.
    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 the 26,224 \2\ tires that have already passed from the 
manufacturer to an owner, purchaser, or dealer.
---------------------------------------------------------------------------

    \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 26,224 of the affected 
tires. 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.
---------------------------------------------------------------------------

    Paragraph S5.5(e) of FMVSS No. 139 require 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 * * 
*

    (e) The generic name of each cord material used in the plies 
(both side-wall and tread area) of the tire; * * *

    Goodyear explains that the noncompliance is that, due to a mold 
labeling error, the sidewall marking on the reference side of the tires 
incorrectly describes the generic name of the cord material in the 
tread area of the tires as required by paragraph S5.5(e). Specifically, 
the tires in question were inadvertently manufactured with ``Tread: 1 
Polyester Cord + 2 Steel Cords + 1 Polyester Cord. The labeling should 
have been ``Tread: 1 Polyester Cord + 2 Steel Cords + 1 Nylon Cord.''
    Goodyear argues that this noncompliance is inconsequential to motor 
vehicle safety because while the non-compliant tires are mislabeled 
they meet or exceed all applicable Federal Motor Vehicle Safety 
Standards, the noncompliant sidewall marking does not create an unsafe 
condition, and all other labeling requirements have been met.
    Goodyear 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. 139 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.
    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 a.m. to 5 p.m. 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: April 18, 2011.


[[Page 15046]]


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

    Issued on: March 14, 2011.
Claude H. Harris,
Acting Associate Administrator for Enforcement.
[FR Doc. 2011-6380 Filed 3-17-11; 8:45 am]
BILLING CODE 4910-59-P