[Federal Register Volume 69, Number 159 (Friday, October 8, 2004)]
[Notices]
[Page 60459]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-22622]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2004-19103; Notice 1]


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

    The Goodyear Tire and Rubber Company (Goodyear) has determined that 
certain tires it produced in 2004 do not comply with S4.3(e) of 49 CFR 
571.109, Federal Motor Vehicle Safety Standard (FMVSS) No. 109, ``New 
pneumatic tires.'' Goodyear 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), 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.
    A total of approximately 3,793 tires are involved. These include 
approximately 1,075 Kelly Charger HPT 235/45R18 tires manufactured from 
May 18, 2004 to May 27, 2004 and approximately 2,718 Essenza 210 Type R 
235/45R18 tires manufactured from July 15, 2004 to August 15, 2004. 
Paragraph S4.3 of FMVSS No. 109 requires ``each tire shall have 
permanently molded into or onto both sidewalls * * * (e) Actual number 
of plies in the sidewall, and the actual number of plies in the tread 
area if different.'' The affected tires are incorrectly labeled to 
state that there is one nylon ply in the tread area when the actual 
number of nylon plies is two.
    Goodyear believes that the noncompliance is inconsequential to 
motor vehicle safety and that no corrective action is warranted, 
because the mislabeling of these tires creates no unsafe condition. 
Goodyear states that the tires meet or exceed all applicable FMVSS 
performance requirements. In addition, Goodyear says that all markings 
related to tire service, including load capacity and corresponding 
inflation pressure, are correct. Goodyear has corrected the problem.
    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: November 8, 2004.

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

    Issued on: September 29, 2004.
Kenneth N. Weinstein,
Associate Administrator for Enforcement.
[FR Doc. 04-22622 Filed 10-7-04; 8:45 am]
BILLING CODE 4910-59-P