[Federal Register Volume 69, Number 107 (Thursday, June 3, 2004)]
[Notices]
[Pages 31452-31453]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-12616]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2004-17901; Notice 1]


Yokohama Tire Corporation, Receipt of Petition for Decision of 
Inconsequential Noncompliance

    Yokohama Rubber Co., Ltd. of Tokyo Japan has determined that 
certain tires that it manufactured in 2000 do not comply with S4.3(c) 
of 49 CFR 571.109, Federal Motor Vehicle Safety Standard (FMVSS) No. 
120, ``New pneumatic tires.'' Yokohama Tire Corporation (Yokohama) on 
behalf of Yokohama Rubber Co., Ltd. has filed an appropriate report 
pursuant to 49 CFR part 573, ``Defect and Noncompliance Reports.''
    Pursuant to 49 U.S.C. 30118(d) and 30120(h), Yokohama 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 Yokohama'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.
    Yokohama Rubber Co., Ltd. produced size 185R14 8PR Y356 tires 
during 2002 whose load range is ``D'' but are incorrectly labeled on 
the tire sidewall

[[Page 31453]]

as having a load range ``C,'' adjacent to the correct ply rating ``D.'' 
Therefore, they do not comply with FMVSS No. 109 S4.3(c), which 
requires that ``each tire shall have permanently molded into or onto 
both sidewalls * * * (c) Maximum load rating.'' Although 424 tires were 
manufactured with the incorrect load range, 294 of the tires were found 
and quarantined to prevent sales and distribution. However 130 tires 
are unaccounted for and are considered distributed and sold into the 
United States market. It is these 130 tires that are the subject of 
this petition.
    Yokohama believes that the noncompliance is inconsequential to 
motor vehicle safety and that no corrective action is warranted. 
Yokohama states that reliance upon the misbranding of load range ``C'' 
would not pose any threat to motor vehicle safety since the tire's 
actual carrying capability by specification is load range ``D.'' ``The 
tires' true capability exceeds that of * * * operating if the `C' load 
range designation is used by the customer to determine load capacity 
and inflation.''
    Interested persons are invited to submit written data, views, and 
arguments on the petition described above. 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. Mail: Docket Management 
Facility, U.S. Department of Transportation, Nassif Building, Room PL-
401, 400 Seventh Street, SW., Washington, DC 20590-0001. Hand Delivery: 
Room PL-401 on the plaza level of the Nassif Building, 400 Seventh 
Street, SW., Washington, DC. It is requested, but not required, that 
two copies of the comments be provided. The Docket Section is open on 
weekdays from 10 a.m. to 5 p.m. except Federal holidays. Comments may 
be submitted electronically by logging onto the Docket Management 
System Web site at http://dms.dot.gov. Click on ``Help'' to obtain 
instructions for filing the document electronically. Comments may be 
faxed to 1-202-493-2251, or may be submitted to the Federal eRulemaking 
Portal: go to http://www.regulations.gov. Follow the online 
instructions for submitting comments.
    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: July 6, 2004.

(Authority: 49 U.S.C. 30118, 30120: delegations of authority at CFR 
1.50 and 501.8.)
    Issued on: May 27, 2004.
Kenneth N. Weinstein,
Associate Administrator for Enforcement.
[FR Doc. 04-12616 Filed 6-2-04; 8:45 am]
BILLING CODE 4910-59-P