[Federal Register Volume 70, Number 236 (Friday, December 9, 2005)]
[Notices]
[Page 73325]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E5-7122]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2005-23170; Notice 1]


Kumho Tire Co., Inc, Receipt of Petition for Decision of 
Inconsequential Noncompliance

    Kumho Tire Co., Inc. (Kumho) has determined that certain tires that 
it produced in 2005 do not comply with S4.3.4 of 49 CFR 571.109, 
Federal Motor Vehicle Safety Standard (FMVSS) No. 109, ``New pneumatic 
tires.'' Kumho 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), Kumho 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 Kumho'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 197,147 temporary spare tires 
produced in February 2005. S4.3.4 of FMVSS No. 109 requires that each 
tire have permanently molded onto the sidewall the maximum inflation 
pressure in kPa followed in parentheses by the equivalent inflation 
pressure in psi, and the maximum load marking in kilograms followed in 
parentheses by the equivalent load rating in pounds. The affected tires 
have the maximum inflation pressure marking only in psi and not in kPa, 
and have reversed the maximum load markings so that the load rating in 
pounds is followed in parentheses by the equivalent load rating in 
kilograms.
    Kumho believes that the noncompliance is inconsequential to motor 
vehicle safety and that no corrective action is warranted. Kumho states 
that the noncompliance ``will have no impact on the operational 
performance or safety of vehicles on which the tires are used.'' Kumho 
further states that the tires meet or exceed all FMVSS No. 109 
performance requirements.
    Interested persons are invited to submit written data, views, and 
arguments on this petition. 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: January 9, 2006.

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

    Issued on: December 5, 2005.
Daniel C. Smith,
Associate Administrator for Enforcement.
[FR Doc. E5-7122 Filed 12-8-05; 8:45 am]
BILLING CODE 4910-59-P