[Federal Register Volume 70, Number 103 (Tuesday, May 31, 2005)]
[Notices]
[Page 31007]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-10689]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2005-21269; Notice 1]


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

    The Goodyear Tire & Rubber Company (Goodyear) has determined that 
certain tires it manufactured in 2005 do not comply with S4.3.4(b) of 
Federal Motor Vehicle Safety Standard (FMVSS) No. 109, ``New pneumatic 
tires.''
    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.
    Affected are a total of approximately 4,992 Kelly Signature HPT and 
Essenza B210 Type 2 tires produced from February 1, 2005 to March 31, 
2005. S4.3.4(b) of FMVSS No. 109 requires that ``[e]ach marking of the 
tire's maximum load rating * * * in kilograms shall be followed in 
parenthesis by the equivalent load rating in pounds * * *.'' The 
noncompliant tires have the correct maximum load rating in kilograms 
but the actual stamping for the maximum load in pounds is 2839 pounds, 
while the correct stamping should be 2833 lbs.
    Goodyear believes that the noncompliance is inconsequential to 
motor vehicle safety and that no corrective action is warranted. 
Goodyear explains that the cause of the noncompliance was the use of a 
different conversion factor than that used by the Tire and Rim 
Association. Goodyear states that the noncompliance has no effect on 
the performance of the tires on a motor vehicle or on motor vehicle 
safety. Goodyear says that the tires meet or exceed all other tire 
labeling requirements and all minimum performance requirements of FMVSS 
No. 109.
    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: June 30, 2005.

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

    Issued on: May 23, 2005.
Ronald L. Medford,
Senior Associate Administrator for Vehicle Safety.
[FR Doc. 05-10689 Filed 5-27-05; 8:45 am]
BILLING CODE 4910-59-P