[Federal Register Volume 70, Number 136 (Monday, July 18, 2005)]
[Notices]
[Page 41254]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-14032]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA 2005-21269; Notice 2]


The Goodyear Tire & Rubber Company, Grant 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 a determination that this noncompliance is 
inconsequential to motor vehicle safety and has filed an appropriate 
report pursuant to 49 CFR part 573, ``Defect and Noncompliance 
Reports.'' Notice of receipt of a petition was published, with a 30-day 
comment period, on May 31, 2005, in the Federal Register (70 FR 31007). 
NHTSA received one comment.
    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 pounds.
    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.
    The agency agrees with Goodyear's statement that the mismarking 
does not present a serious safety concern. The agency believes that the 
true measure of inconsequentiality to motor vehicle safety in this case 
is that there is no effect of the noncompliance on the operational 
safety of vehicles on which these tires are mounted. In the agency's 
judgment, the incorrect labeling will have an inconsequential effect on 
motor vehicle safety because of the de minimus discrepancy in maximum 
load rating.
    In addition, the tires are certified to meet all the performance 
requirements of FMVSS No. 109. All other informational markings as 
required by FMVSS No. 109 are present. Goodyear has also corrected the 
problem.
    One comment favoring denial was received from a private individual. 
The issue to be considered in determining whether to grant this 
petition is the effect of the noncompliance on motor vehicle safety. 
The comment does not address this issue, and therefore has no bearing 
on NHTSA's determination.
    In consideration of the foregoing, NHTSA has decided that the 
petitioner has met its burden of persuasion that the noncompliance 
described is 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 
noncompliance.

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

    Issued on: July 8, 2005.
Ronald L. Medford,
Senior Associate Administrator for Vehicle Safety.
[FR Doc. 05-14032 Filed 7-15-05; 8:45 am]
BILLING CODE 4910-59-P