The Goodyear Tire & Rubber Company, Mootness of Petition for Decision of Inconsequential Noncompliance, 54369-54370 [2013-21307]

Download as PDF Federal Register / Vol. 78, No. 170 / Tuesday, September 3, 2013 / Notices DEPARTMENT OF TRANSPORTATION Maritime Administration [Docket No. MARAD–2013–0098] Notice of Request for a New Information Collection Maritime Administration. Correction of a previous published Notice and request for comments. AGENCY: ACTION: The Maritime Administration published a document in the Federal Register on Thursday, June 6, 2013 (78 FR 34152), concerning a request for a new information collection. In accordance with the Paperwork Reduction Act of 1995, Public Law 104– 13, the Department is correcting the document as set forth below. FOR FURTHER INFORMATION CONTACT: Barbara Jackson, U.S. Department of Transportation, Office of Management and Administrative Services, Maritime Administration, (202) 366–0615, 1200 New Jersey Avenue SE., Washington, DC 20590. SUMMARY: Correction In the [Thursday, June 6, 2013], Federal Register [78, 34152], the Department [Title: Generic Clearance of Customer Satisfaction Surveys; Estimated Number of Respondents: 5800; Annual Estimated Total Annual Burden Hours: 1558]. Authority: The Paperwork Reduction Act of 1995; 44 U.S.C. Chapter 35, as amended; and 49 CFR 1:48. Dated: August 27, 2013. Julie P. Agarwal, Secretary, Maritime Administration. [FR Doc. 2013–21336 Filed 8–30–13; 8:45 am] BILLING CODE 4910–81–P DEPARTMENT OF TRANSPORTATION Maritime Administration [Docket No. MARAD–2013–0096] Requested Administrative Waiver of the Coastwise Trade Laws: Vessel BREAKAWAY; Invitation for Public Comments Maritime Administration, Department of Transportation. ACTION: Notice. emcdonald on DSK67QTVN1PROD with NOTICES AGENCY: As authorized by 46 U.S.C. 12121, the Secretary of Transportation, as represented by the Maritime Administration (MARAD), is authorized to grant waivers of the U.S.-build requirement of the coastwise laws under SUMMARY: VerDate Mar<15>2010 17:57 Aug 30, 2013 Jkt 229001 certain circumstances. A request for such a waiver has been received by MARAD. The vessel, and a brief description of the proposed service, is listed below. DATES: Submit comments on or before October 3, 2013. ADDRESSES: Comments should refer to docket number MARAD–2013–0096. Written comments may be submitted by hand or by mail to the Docket Clerk, U.S. Department of Transportation, Docket Operations, M–30, West Building Ground Floor, Room W12–140, 1200 New Jersey Avenue SE., Washington, DC 20590. You may also send comments electronically via the Internet at http://www.regulations.gov. All comments will become part of this docket and will be available for inspection and copying at the above address between 10 a.m. and 5 p.m., E.T., Monday through Friday, except federal holidays. An electronic version of this document and all documents entered into this docket is available on the World Wide Web at http:// www.regulations.gov. FOR FURTHER INFORMATION CONTACT: Linda Williams, U.S. Department of Transportation, Maritime Administration, 1200 New Jersey Avenue SE., Room W23–453, Washington, DC 20590. Telephone 202– 366–0903, Email Linda.Williams@ dot.gov. As described by the applicant the intended service of the vessel BREAKAWAY is: INTENDED COMMERCIAL USE OF VESSEL: ‘‘Sport fishing—Any fish caught remain with customers, no fish are sold commercially’’ GEOGRAPHIC REGION: ‘‘Ohio and Michigan’’ The complete application is given in DOT docket MARAD–2013–0096 at http://www.regulations.gov. Interested parties may comment on the effect this action may have on U.S. vessel builders or businesses in the U.S. that use U.S.flag vessels. If MARAD determines, in accordance with 46 U.S.C. 12121 and MARAD’s regulations at 46 CFR Part 388, that the issuance of the waiver will have an unduly adverse effect on a U.S.vessel builder or a business that uses U.S.-flag vessels in that business, a waiver will not be granted. Comments should refer to the docket number of this notice and the vessel name in order for MARAD to properly consider the comments. Comments should also state the commenter’s interest in the waiver application, and address the waiver criteria given in § 388.4 of MARAD’s regulations at 46 CFR Part 388. SUPPLEMENTARY INFORMATION: PO 00000 Frm 00138 Fmt 4703 Sfmt 4703 54369 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 (Volume 65, Number 70; Pages 19477–78). By Order of the Maritime Administrator. Dated: August 27, 2013. Julie P. Agarwal, Secretary, Maritime Administration. [FR Doc. 2013–21337 Filed 8–30–13; 8:45 am] BILLING CODE 4910–81–P DEPARTMENT OF TRANSPORTATION National Highway Traffic Safety Administration [Docket No. NHTSA–2012–0107; Notice 2] The Goodyear Tire & Rubber Company, Mootness of Petition for Decision of Inconsequential Noncompliance National Highway Traffic Safety Administration, DOT. ACTION: Notice of Petition Mootness. AGENCY: The Goodyear Tire & Rubber Company (Goodyear),1 has determined that certain Goodyear brand tires manufactured between April 8, 2012 and May 12, 2012, do not fully comply with paragraph S5.5(c)&(d) of Federal Motor Vehicle Safety Standard (FMVSS) No. 139, New Pneumatic Radial Tires for Light Vehicles. Goodyear has filed an appropriate report dated July 20, 2012, 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 submitted a petition 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 3, 2012, in the Federal Register (77 FR 71678). One comment was received from Goodyear stating that after further review it now believes that it filed the petition in error because the described condition is not a SUMMARY: 1 The Goodyear Tire & Rubber Company is a manufacturer of tires and is registered under the laws of the state of Ohio. E:\FR\FM\03SEN1.SGM 03SEN1 emcdonald on DSK67QTVN1PROD with NOTICES 54370 Federal Register / Vol. 78, No. 170 / Tuesday, September 3, 2013 / Notices noncompliance. 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–2012–0107.’’ FOR FURTHER INFORMATION CONTACT: For further information on this decision, contact Mr. Abraham Diaz, Office of Vehicle Safety Compliance, the National Highway Traffic Safety Administration (NHTSA), telephone (202)366–5310, facsimile (202) 366–7002. Tires Involved: Affected are approximately 1,692 Goodyear Wrangler AT/S, size LT 275/65R18 brand tires manufactured between April 8, 2012, and May 12, 2012 at its plant in Gadsden, Alabama. Summary of Goodyear’s Analyses: Goodyear’s original analysis contended that there was a noncompliance with 49 CFR 571.139 paragraph S5.5(c)&(d) because the subject tires were labeled ‘‘LR–E/Max Load 3415 lbs Max Pressure 80 psi’’ instead of Goodyear’s intended label ‘‘LR–C/Max Load 2535 lbs Max Pressure 50 psi.’’ Goodyear also asserted that the perceived noncompliance was inconsequential as it relates to motor vehicle safety for the following reasons: 1. The subject tires meet or exceed all applicable FMVSS performance standards for a tire labeled as either load range ‘‘E’’ or ‘‘C’’. 2. All other markings related to tire service (load capacity, corresponding inflation pressure, etc…) are also correct for the mislabeled tires. 3. The subject tires are identical to the intended LR–C tire with the exception of the sidewall labeling, and therefore, do not present a safety concern. Goodyear has additionally informed NHTSA that it has corrected future production and that all other tire labeling information is correct. In the comment that Goodyear posted to the petition docket, it contends that after further research that it now believes that a noncompliance does not exist. In summation, Goodyear now states that its original determination that there is a noncompliance in the subject tires as described in the subject petition was in error and that its petition, to exempt it 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 was unnecessary. NHTSA Decision: Inconsequential noncompliance petitions filed under 49 CFR Part 556 are valid only in situations where there is a noncompliance with a VerDate Mar<15>2010 17:57 Aug 30, 2013 Jkt 229001 Federal motor vehicle safety standard (FMVSS.) In its comment to the petition docket Goodyear explained that it now believes that the described condition is not a noncompliance. Based on Goodyear’s description of the subject tire labeling issue NHTSA has determined that, while Goodyear may not have labeled the tires as it originally intended, the tire sidewall labeling issue described in the subject petition is not a noncompliance with FMVSS No. 139 because the tire as labeled conforms to all applicable labeling and performance requirements of FMVSS No. 139. Therefore, this petition is moot and no further action on the petition is warranted. Authority: (49 U.S.C. 30118, 30120: delegations of authority at CFR 1.95 and 501.8) Issued on: August 27, 2013. Claude H. Harris, Director, Office of Vehicle Safety Compliance. [FR Doc. 2013–21307 Filed 8–30–13; 8:45 am] BILLING CODE 4910–59–P DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Docket No. EP 670 (Sub-No. 1)] Notice of Rail Energy Transportation Advisory Committee Meeting AGENCY: Surface Transportation Board, DOT. Notice of Rail Energy Transportation Advisory Committee meeting. ACTION: Notice is hereby given of a meeting of the Rail Energy Transportation Advisory Committee (RETAC), pursuant to the Federal Advisory Committee Act (FACA), 5 U.S.C. app. 2 10(a)(2). DATES: The meeting will be held on Thursday, September 19, 2013, at 9:00 a.m., E.D.T. ADDRESSES: The meeting will be held in the Hearing Room on the first floor of the Board’s headquarters at 395 E Street SW., Washington, DC 20423. FOR FURTHER INFORMATION CONTACT: Michael H. Higgins (202) 245–0284; Michael.Higgins@stb.dot.gov. [Assistance for the hearing impaired is available through the Federal Information Relay Service (FIRS) at: (800) 877–8339]. SUPPLEMENTARY INFORMATION: RETAC arose from a proceeding instituted by the Board, in Establishment of a Rail Energy Transportation Advisory Committee, Docket No. EP 670. RETAC was formed to provide advice and SUMMARY: PO 00000 Frm 00139 Fmt 4703 Sfmt 4703 guidance to the Board, and to serve as a forum for discussion of emerging issues regarding the transportation by rail of energy resources, particularly, but not necessarily limited to, coal, ethanol, and other biofuels. The purpose of this meeting is to continue discussions regarding issues such as rail performance, capacity constraints, infrastructure planning and development, and effective coordination among suppliers, carriers, and users of energy resources. Potential agenda items for this meeting include introduction of new members; a performance measures review; discussion of domestic oil production and transportation; industry segment reports by RETAC members; a presentation on the U.S. Energy Information Agency’s annual energy outlook; and a roundtable discussion. The meeting, which is open to the public, will be conducted in accordance with the Federal Advisory Committee Act, 5 U.S.C. app. 2; Federal Advisory Committee Management regulations, 41 CFR part 102–3; RETAC’s charter, and Board procedures. Further communications about this meeting may be announced through the Board’s Web site at www.stb.dot.gov. Written Comments: Members of the public may submit written comments to RETAC at any time. Comments should be addressed to RETAC, c/o Michael Higgins, Surface Transportation Board, 395 E Street SW., Washington, DC 20423–0001 or Michael.Higgins@ stb.dot.gov. This action will not significantly affect either the quality of the human environment or the conservation of energy resources. Authority: 49 U.S.C. 721, 49 U.S.C. 11101; 49 U.S.C. 11121. Decided: August 28, 2013. By the Board, Rachel D. Campbell, Director, Office of Proceedings. Jeffrey Herzig, Clearance Clerk. [FR Doc. 2013–21380 Filed 8–30–13; 8:45 am] BILLING CODE 4915–01–P DEPARTMENT OF THE TREASURY Office of the Secretary List of Countries Requiring Cooperation With an International Boycott In accordance with section 999(a)(3) of the Internal Revenue Code of 1986, the Department of the Treasury is publishing a current list of countries which require or may require participation in, or cooperation with, an E:\FR\FM\03SEN1.SGM 03SEN1

Agencies

[Federal Register Volume 78, Number 170 (Tuesday, September 3, 2013)]
[Notices]
[Pages 54369-54370]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-21307]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2012-0107; Notice 2]


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

AGENCY: National Highway Traffic Safety Administration, DOT.

ACTION: Notice of Petition Mootness.

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SUMMARY: The Goodyear Tire & Rubber Company (Goodyear),\1\ has 
determined that certain Goodyear brand tires manufactured between April 
8, 2012 and May 12, 2012, do not fully comply with paragraph 
S5.5(c)&(d) of Federal Motor Vehicle Safety Standard (FMVSS) No. 139, 
New Pneumatic Radial Tires for Light Vehicles. Goodyear has filed an 
appropriate report dated July 20, 2012, pursuant to 49 CFR part 573, 
Defect and Noncompliance Responsibility and Reports.
---------------------------------------------------------------------------

    \1\ The Goodyear Tire & Rubber Company is a manufacturer of 
tires and is registered under the laws of the state of Ohio.
---------------------------------------------------------------------------

    Pursuant to 49 U.S.C. 30118(d) and 30120(h) (see implementing rule 
at 49 CFR part 556), Goodyear submitted a petition 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 3, 2012, in the 
Federal Register (77 FR 71678). One comment was received from Goodyear 
stating that after further review it now believes that it filed the 
petition in error because the described condition is not a

[[Page 54370]]

noncompliance. 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-2012-0107.''

FOR FURTHER INFORMATION CONTACT: For further information on this 
decision, contact Mr. Abraham Diaz, Office of Vehicle Safety 
Compliance, the National Highway Traffic Safety Administration (NHTSA), 
telephone (202)366-5310, facsimile (202) 366-7002.
    Tires Involved: Affected are approximately 1,692 Goodyear Wrangler 
AT/S, size LT 275/65R18 brand tires manufactured between April 8, 2012, 
and May 12, 2012 at its plant in Gadsden, Alabama.
    Summary of Goodyear's Analyses: Goodyear's original analysis 
contended that there was a noncompliance with 49 CFR 571.139 paragraph 
S5.5(c)&(d) because the subject tires were labeled ``LR-E/Max Load 3415 
lbs Max Pressure 80 psi'' instead of Goodyear's intended label ``LR-C/
Max Load 2535 lbs Max Pressure 50 psi.''
    Goodyear also asserted that the perceived noncompliance was 
inconsequential as it relates to motor vehicle safety for the following 
reasons:
    1. The subject tires meet or exceed all applicable FMVSS 
performance standards for a tire labeled as either load range ``E'' or 
``C''.
    2. All other markings related to tire service (load capacity, 
corresponding inflation pressure, etc[hellip]) are also correct for the 
mislabeled tires.
    3. The subject tires are identical to the intended LR-C tire with 
the exception of the sidewall labeling, and therefore, do not present a 
safety concern.
    Goodyear has additionally informed NHTSA that it has corrected 
future production and that all other tire labeling information is 
correct.
    In the comment that Goodyear posted to the petition docket, it 
contends that after further research that it now believes that a 
noncompliance does not exist.
    In summation, Goodyear now states that its original determination 
that there is a noncompliance in the subject tires as described in the 
subject petition was in error and that its petition, to exempt it 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 was unnecessary.
    NHTSA Decision: Inconsequential noncompliance petitions filed under 
49 CFR Part 556 are valid only in situations where there is a 
noncompliance with a Federal motor vehicle safety standard (FMVSS.) In 
its comment to the petition docket Goodyear explained that it now 
believes that the described condition is not a noncompliance. Based on 
Goodyear's description of the subject tire labeling issue NHTSA has 
determined that, while Goodyear may not have labeled the tires as it 
originally intended, the tire sidewall labeling issue described in the 
subject petition is not a noncompliance with FMVSS No. 139 because the 
tire as labeled conforms to all applicable labeling and performance 
requirements of FMVSS No. 139. Therefore, this petition is moot and no 
further action on the petition is warranted.

    Authority:  (49 U.S.C. 30118, 30120: delegations of authority at 
CFR 1.95 and 501.8)

    Issued on: August 27, 2013.
Claude H. Harris,
 Director, Office of Vehicle Safety Compliance.
[FR Doc. 2013-21307 Filed 8-30-13; 8:45 am]
BILLING CODE 4910-59-P