The Goodyear Tire & Rubber Company, Grant of Petition for Decision of Inconsequential Noncompliance, 3031-3032 [2012-938]

Download as PDF Federal Register / Vol. 77, No. 13 / Friday, January 20, 2012 / Notices serve as ex officio members of the group. Representatives of the Administrator and Director serve alternating 1-year terms as chairman of the advisory group. In accordance with the Act, the advisory group provides ‘‘advice, information, and recommendations to the Administrator and the Director(1) On the implementation of this title [the Act] and the amendments made by this title; (2) On commonly accepted quiet aircraft technology for use in commercial air tour operations over a national park or tribal lands, which will receive preferential treatment in a given air tour management plan; (3) On other measures that might be taken to accommodate the interests of visitors to national parks; and (4) At the request of the Administrator and the Director, safety, environmental, and other issues related to commercial air tour operations over a national park or tribal lands.’’ Membership The current NPOAG ARC is made up of one member representing general aviation, three members representing the commercial air tour industry, four members representing environmental concerns, and two members representing Native American interests. Current members of the NPOAG ARC are as follows: Heidi Williams representing general aviation; Alan Stephen, Elling Halvorson, and Matthew Zuccaro representing commercial air tour concerns; Chip Dennerlein, Greg Miller, Dick Hingson, and Bryan Faehner representing environmental interests; and Rory Majenty and Ray Russell representing Native American tribes. Selection wreier-aviles on DSK5TPTVN1PROD with NOTICES Selected to fill this vacancy, for an additional term, is returning member Rory Majenty. Mr. Majenty’s term begins on April 3, 2012. The term of service for NPOAG ARC members is 3 years. Issued in Hawthorne, CA, on January 10, 2012. Barry Brayer, Manager, Special Programs Staff, WesternPacific Region. [FR Doc. 2012–1051 Filed 1–19–12; 8:45 am] BILLING CODE 4910–13–P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration Release of Airport Property: Tampa International Airport, Tampa, FL Jkt 226001 Bart Vernace, Acting Manager, Orlando Airports District Office, Southern Region. [FR Doc. 2012–1047 Filed 1–19–12; 8:45 am] Federal Aviation Administration (FAA), DOT. BILLING CODE 4910–13–P Notice and Request for Public Comment. DEPARTMENT OF TRANSPORTATION ACTION: The FAA hereby provides notice of intent to release certain airport properties, approximately 3.407 acres, at the Tampa International Airport, Tampa, FL from the conditions, reservations, and restrictions as contained in federal grant assurances. The release of property will allow the Hillsborough County Aviation Authority to dispose of the property for other than aeronautical purposes. The property is located southwest corner airport property, adjacent to Highway 60. The parcel is currently designated as nonaeronautical use. The property will be released of its federal obligations to grant a perpetual utlility easement to the Tampa Electric Company (TECO) for relocation of transmission lines serving the Skyway Substation located off airport. The fair market value of the parcel has been determined by appraisal to be $695,000. Documents reflecting the Sponsor’s request are available, by appointment only, for inspection at the Tampa International Airport and the FAA Airports District Office. SUMMARY: Section 125 of The Wendell H. Ford Aviation Investment and Reform Act for the 21st Century (AIR–21) requires the FAA to provide an opportunity for public notice and comment prior to the ‘‘waiver’’ or ‘‘modification’’ of a sponsor’s Federal obligation to use certain airport land for non-aeronautical purposes. SUPPLEMENTARY INFORMATION: Comments are due on or before February 21, 2012. DATES: Documents are available for review at the Tampa International Airport, and the FAA Airports District Office, 5950 Hazeltine National Drive, Suite 400, Orlando, FL 32822. Written comments on the Sponsor’s request must be delivered or mailed to: Rebecca R. Henry, Program Manager, Orlando Airports District Office, 5950 Hazeltine National Drive, Suite 400, Orlando, FL 32822–5024. ADDRESSES: Rebecca R. Henry, Program Manager, Orlando Airports District Office, 5950 14:12 Jan 19, 2012 Hazeltine National Drive, Suite 400, Orlando, FL 32822–5024. AGENCY: FOR FURTHER INFORMATION CONTACT: VerDate Mar<15>2010 3031 PO 00000 Frm 00085 Fmt 4703 Sfmt 4703 National Highway Traffic Safety Administration [Docket No. NHTSA–2010–0174; Notice 2] The Goodyear Tire & Rubber Company, Grant of Petition for Decision of Inconsequential Noncompliance National Highway Traffic Safety Administration, DOT. ACTION: Notice of petition grant. AGENCY: The Goodyear Tire & Rubber Company (Goodyear) 1 has determined that certain Goodyear commercial truck tires manufactured between April 2007 and July 2010 did not fully comply with 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) 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 Goodyear’s petition was published with a 30-day public comment period, on December 28, 2010, in the Federal Register (75 FR 81712). 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–2010– 0174.’’ Contact Information: For further information on this decision, contact Mr. George Gillespie, Office of Vehicle Safety Compliance, the National SUMMARY: 1 The Goodyear Tire & Rubber Company (Goodyear) is a State of Ohio corporation that manufactures replacement motor vehicle equipment. E:\FR\FM\20JAN1.SGM 20JAN1 wreier-aviles on DSK5TPTVN1PROD with NOTICES 3032 Federal Register / Vol. 77, No. 13 / Friday, January 20, 2012 / Notices Highway Traffic Safety Administration (NHTSA), telephone (202) 366–5299, facsimile (202) 366–7002. Summary of Goodyear’s 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. Goodyear explains that the noncompliance is that, due to a mold labeling error, the sidewall marking on 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 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 noncompliances 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 VerDate Mar<15>2010 14:12 Jan 19, 2012 Jkt 226001 should consider the tire construction information along with other information such as 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 in a tire. The agency also believes the noncompliance will have no measureable 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, because the sidewall markings indicate that some steel plies exist in the tire sidewall, this potential safety concern does not exist. 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, this decision only applies to the 38,991 2 tires that Goodyear no longer controlled at the time that it determined that a noncompliance existed in the subject tires. In consideration of the foregoing, NHTSA has decided that Goodyear has met its burden of persuasion that the subject FMVSS No. 119 labeling noncompliances are 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. 2 Goodyear’s petition, which was filed under 49 CFR part 556, requests an agency decision to exempt Goodyear as a manufacturer from the notification and recall responsibilities of 49 CFR 573 for 38,991 of the affected tires. However, a decision on this petition cannot relieve distributors and dealers 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 notified them that the subject noncompliance existed. PO 00000 Frm 00086 Fmt 4703 Sfmt 4703 Issued on: January 12, 2012. Claude H. Harris, Director, Office of Vehicle Safety Compliance. [FR Doc. 2012–938 Filed 1–19–12; 8:45 am] BILLING CODE 4910–59–P DEPARTMENT OF THE TREASURY Office of the Comptroller of the Currency Agency Information Collection Activities: Proposed Information Collection; Comment Request Office of the Comptroller of the Currency, Treasury. ACTION: Notice and request for comment. AGENCY: The OCC, as part of its continuing effort to reduce paperwork and respondent burden, invites the general public and other Federal agencies to take this opportunity to comment on a continuing information collection, as required by the Paperwork Reduction Act of 1995. An agency may not conduct or sponsor, and a respondent is not required to respond to, an information collection unless it displays a currently valid OMB control number. The OCC is soliciting comment concerning its information collection titled, ‘‘International Regulation—Part 28.’’ SUMMARY: Comments must be received by March 20, 2012. ADDRESSES: Communications Division, Office of the Comptroller of the Currency, Public Information Room, Mailstop 2–3, Attention: 1557–0102, 250 E Street SW., Washington, DC 20219. In addition, comments may be sent by fax to (202) 874–5274, or by electronic mail to regs.comments@occ.treas.gov. You can inspect and photocopy the comments at the OCC, 250 E Street SW., Washington, DC 20219. You can make an appointment to inspect the comments by calling (202) 874–4700. Additionally, you should send a copy of your comments to OCC Desk Officer, 1557–0102, by mail to U.S. Office of Management and Budget, 725, 17th Street NW., #10235, Washington, DC 20503, or by fax to (202) 395–6974. FOR FURTHER INFORMATION CONTACT: You can request additional information or a copy of the collection from Mary H. Gottlieb, or Ira L. Mills, OCC Clearance Officers, (202) 874–5090, or (202) 874– 6055, Legislative and Regulatory Activities Division, Office of the Comptroller of the Currency, 250 E Street SW., Washington, DC 20219. DATES: E:\FR\FM\20JAN1.SGM 20JAN1

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[Federal Register Volume 77, Number 13 (Friday, January 20, 2012)]
[Notices]
[Pages 3031-3032]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-938]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2010-0174; Notice 2]


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

AGENCY: National Highway Traffic Safety Administration, DOT.

ACTION: Notice of petition grant.

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SUMMARY: The Goodyear Tire & Rubber Company (Goodyear) \1\ has 
determined that certain Goodyear commercial truck tires manufactured 
between April 2007 and July 2010 did not fully comply with 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) 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 Goodyear's petition was published with a 30-
day public comment period, on December 28, 2010, in the Federal 
Register (75 FR 81712). 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-2010-0174.''
    Contact Information: For further information on this decision, 
contact Mr. George Gillespie, Office of Vehicle Safety Compliance, the 
National

[[Page 3032]]

Highway Traffic Safety Administration (NHTSA), telephone (202) 366-
5299, facsimile (202) 366-7002.
    Summary of Goodyear's 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.
    Goodyear explains that the noncompliance is that, due to a mold 
labeling error, the sidewall marking on 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 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 noncompliances 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 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 in a tire.
    The agency also believes the noncompliance will have no measureable 
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, 
because the sidewall markings indicate that some steel plies exist in 
the tire sidewall, this potential safety concern does not exist.
    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, this decision 
only applies to the 38,991 \2\ tires that Goodyear no longer controlled 
at the time that it determined that a noncompliance existed in the 
subject tires.
---------------------------------------------------------------------------

    \2\ Goodyear's petition, which was filed under 49 CFR part 556, 
requests an agency decision to exempt Goodyear as a manufacturer 
from the notification and recall responsibilities of 49 CFR 573 for 
38,991 of the affected tires. However, a decision on this petition 
cannot relieve distributors and dealers 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 notified them that the subject noncompliance 
existed.
---------------------------------------------------------------------------

    In consideration of the foregoing, NHTSA has decided that Goodyear 
has met its burden of persuasion that the subject FMVSS No. 119 
labeling noncompliances are 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: January 12, 2012.
Claude H. Harris,
Director, Office of Vehicle Safety Compliance.
[FR Doc. 2012-938 Filed 1-19-12; 8:45 am]
BILLING CODE 4910-59-P