Federal Register / Vol. 76, No. 53 / Friday, March 18, 2011 / Notices 15045 

1 Goodyear Tire and Rubber Company (Goodyear) 

is a replacement equipment manufacturer 

incorporated in the state of Ohio. 

2 Goodyear’s petition, which was filed under 49 

CFR part 556, requests an agency decision to 

exempt Goodyear as a replacement equipment 

manufacturer from the notification and recall 

responsibilities of 49 CFR part 573 for 26,224 of the 

affected tires. However, the agency cannot relieve 

Goodyear distributors of the prohibitions on the 

sale, offer for sale, or introduction or delivery for 

introduction into interstate commerce of the 

noncompliant tires under their control after 

Goodyear recognized that the subject 

noncompliance existed. Those tires must be brought 

into conformance, exported, or destroyed. 

DEPARTMENT OF TRANSPORTATION 

National Highway Traffic Safety 

Administration 

[Docket No. NHTSA–2011–0033; Notice 1] 

Goodyear Tire and Rubber Company, 

Receipt of Petition for Decision of 

Inconsequential Noncompliance 

Goodyear Tire and Rubber Company, 

(Goodyear),1 has determined that 

approximately 26,224 Goodyear 

Assurance ComforTred Touring 

passenger replacement car tires 

manufactured between January 4, 2010 

and September 11, 2010, do not fully 

comply with paragraph S5.5(e) of 

Federal Motor Vehicle Safety Standard 

(FMVSS) No. 139, New Pneumatic 

Radial Tires for Light Vehicles. 

Goodyear has filed an appropriate report 

pursuant to 49 CFR part 573, Defect and 

Noncompliance Responsibility and 

Reports, dated December 16, 2010. 

Pursuant to 49 U.S.C. 30118(d) and 

30120(h) (see implementing rule at 49 

CFR part 556), 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 approximately 26,224 

Goodyear Assurance ComforTred 

Touring passenger car replacement tires, 

size 215/70R15 that were manufactured 

between January 4, 2010 and September 

11, 2010. 

NHTSA notes that the statutory 

provisions (49 U.S.C. 30118(d) and 

30120(h)) that permit manufacturers to 

file petitions for a determination of 

inconsequentiality allow NHTSA to 

exempt manufacturers only from the 

duties found in sections 30118 and 

30120, respectively, to notify owners, 

purchasers, and dealers of a defect or 

noncompliance and to remedy the 

defect or noncompliance. Therefore, 

these provisions only apply to the 

26,224 2 tires that have already passed 

from the manufacturer to an owner, 

purchaser, or dealer. 

Paragraph S5.5(e) of FMVSS No. 139 

require in pertinent part: 

S5.5 Tire markings. Except as specified in 

paragraphs (a) through (i) of S5.5, each tire 

must be marked on each sidewall with the 

information specified in S5.5(a) through (d) 

and on one sidewall with the information 

specified in S5.5(e) through (i) according to 

the phase-in schedule specified in S7 of this 

standard. The markings must be placed 

between the maximum section width and the 

bead on at least one sidewall, unless the 

maximum section width of the tire is located 

in an area that is not more than one-fourth 

of the distance from the bead to the shoulder 

of the tire. If the maximum section width 

falls within that area, those markings must 

appear between the bead and a point one-half 

the distance from the bead to the shoulder of 

the tire, on at least one sidewall. The 

markings must be in letters and numerals not 

less than 0.078 inches high and raised above 

or sunk below the tire surface not less than 

0.015 inches * * * 

(e) The generic name of each cord material 

used in the plies (both side-wall and tread 

area) of the tire; * * * 

Goodyear explains that the 

noncompliance is that, due to a mold 

labeling error, the sidewall marking on 

the reference side of the tires incorrectly 

describes the generic name of the cord 

material in the tread area of the tires as 

required by paragraph S5.5(e). 

Specifically, the tires in question were 

inadvertently manufactured with 

‘‘Tread: 1 Polyester Cord + 2 Steel Cords 

+ 1 Polyester Cord. The labeling should 

have been ‘‘Tread: 1 Polyester Cord + 2 

Steel Cords + 1 Nylon Cord.’’ 

Goodyear argues that this 

noncompliance is inconsequential to 

motor vehicle safety because while the 

non-compliant tires are mislabeled they 

meet or exceed all applicable Federal 

Motor Vehicle Safety Standards, the 

noncompliant sidewall marking does 

not create an unsafe condition, and all 

other labeling requirements have been 

met. 

Goodyear points out that NHTSA has 

previously granted similar petitions for 

non-compliances in sidewall marking. 

Goodyear additionally states that it 

has corrected the affected tire molds and 

all future production will have the 

correct material shown on the sidewall. 

In summation, Goodyear believes that 

the described noncompliance of its tires 

to meet the requirements of FMVSS No. 

139 is inconsequential to motor vehicle 

safety, and that its petition, to exempt 

from providing recall notification of 

noncompliance as required by 49 U.S.C. 

30118 and remedying the recall 

noncompliance as required by 49 U.S.C. 

30120, and should be granted. 

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: 

a. By mail addressed to: U.S. 

Department of Transportation, Docket 

Operations, M–30, West Building 

Ground Floor, Room W12–140, 1200 

New Jersey Avenue, SE., Washington, 

DC 20590. 

b. By hand delivery to U.S. 

Department of Transportation, Docket 

Operations, M–30, West Building 

Ground Floor, Room W12–140, 1200 

New Jersey Avenue, SE., Washington, 

DC 20590. The Docket Section is open 

on weekdays from 10 a.m. to 5 p.m. 

except Federal Holidays. 

c. Electronically: by logging onto the 

Federal Docket Management System 

(FDMS) Web site at http:// 

www.regulations.gov/. Follow the online 

instructions for submitting comments. 

Comments may also be faxed to 1–202– 

493–2251. 

Comments must be written in the 

English language, and be no greater than 

15 pages in length, although there is no 

limit to the length of necessary 

attachments to the comments. If 

comments are submitted in hard copy 

form, please ensure that two copies are 

provided. If you wish to receive 

confirmation that your comments were 

received, please enclose a stamped, selfaddressed postcard with the comments. 

Note that all comments received will be 

posted without change to http:// 

www.regulations.gov, including any 

personal information provided. 

Documents submitted to a docket may 

be viewed by anyone at the address and 

times given above. The documents may 

also be viewed on the Internet at 

http://www.regulations.gov by following 

the online instructions for accessing the 

dockets. DOT’s complete Privacy Act 

Statement is available for review in the 

Federal Register published on April 11, 

2000, (65 FR 19477–78). 

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: April 18, 2011. 


Emcdonald on DSK2BSOYB1PROD with NOTICES
15046 Federal Register / Vol. 76, No. 53 / Friday, March 18, 2011 / Notices 

Authority: 49 U.S.C. 30118, 30120: 

delegations of authority at CFR 1.50 and 

501.8. 

Issued on: March 14, 2011. 

Claude H. Harris, 

Acting Associate Administrator for 

Enforcement. 

[FR Doc. 2011–6380 Filed 3–17–11; 8:45 am] 

BILLING CODE 4910–59–P 

DEPARTMENT OF TRANSPORTATION 

Pipeline and Hazardous Materials 

Safety Administration 

Office of Hazardous Materials Safety; 

Notice of Applications for Modification 

of Special Permit 

AGENCY: Pipeline and Hazardous 

Materials Safety Administration 

(PHMSA), DOT. 

ACTION: List of applications for 

modification of special permits. 

SUMMARY: In accordance with the 

procedures governing the application 

for, and the processing of, special 

permits from the Department of 

Transportation’s Hazardous Material 

Regulations (49 CFR part 107, subpart 

B), notice is hereby given that the Office 

of Hazardous Materials Safety has 

received the applications described 

herein. This notice is abbreviated to 

expedite docketing and public notice. 

Because the sections affected, modes of 

transportation, and the nature of 

application have been shown in earlier 

Federal Register publications, they are 

not repeated here. Requests for 

modification of special permits (e.g. to 

provide for additional hazardous 

materials, packaging design changes, 

additional mode of transportation, etc.) 

are described in footnotes to the 

application number. Application 

numbers with the suffix ‘‘M’’ denote a 

modification request. These 

applications have been separated from 

the new application for special permits 

to facilitate processing. 

DATES: Comments must be received on 

or before April 4, 2011. 

Address Comments to: Record Center, 

Pipeline and Hazardous Materials Safety 

Administration, U.S. Department of 

Transportation, Washington, DC 20590. 

Comments should refer to the 

application number and be submitted in 

triplicate. If confirmation of receipt of 

comments is desired, include a selfaddressed stamped postcard showing 

the special permit number. 

FOR FURTHER INFORMATION CONTACT: 

Copies of the applications are available 

for inspection in the Records Center, 

East Building, PHH–30, 1200 New 

Jersey Avenue, Southeast, Washington 

DC or at http://regulations.gov. 

This notice of receipt of applications 

for modification of special permit is 

published in accordance with part 107 

of the Federal hazardous materials 

transportation law (49 U.S.C. 5 117(b); 

49 CFR 1.53(b)). 

Issued in Washington, DC on March 10, 

2011. 

Donald Burger, 

Chief, Special Permits and Approvals Branch. 

Application 

No. 

Docket 

No. Applicant Regulation(s) affected Nature of special permit thereof 

MODIFICATION SPECIAL PERMITS 

7765–M ...... Carleton Technologies, 

Inc., Orchard Park, NY.

49 CFR 173.302(a)(4); 175.3 .............. To modify the special permit to authorize a new 

pressure vessel for use as part of a missile gas 

storage system. 

11911–M .... Transfer Flow, Inc., 

Chico, CA.

49 CFR 178.700 thru 178.819 ............ To modify the special permit to authorize new part 

numbers; to add several new refueling systems; 

to add two new fuel caps; and to add several 

new fuel tanks to the special permit. 

13199–M .... Carrier Corporation, 

Jamesbug, NJ.

49 CFR 173.302 (c);173.306(e)(1) ...... To modify the special permit to authorize a broader 

range for the amount of refrigerant gas. 

13997–M .... Maritime Helicopters, 

Homer, AK.

49 CFR 172.101(9b); 172.302(c) ........ To modify the special permit to authorize the transportation in commerce of Class I explosives by 

helicopter sling load. 

14966–M .... Vulcore Industrial LLC, 

Fort Wayne, IN.

49 CFR 173.302 and 180.205 ............ To modify the special permit to authorize a change 

in mating sealing surface configuration design. 

15118–M .... Mystery Creek Resources Inc., McGrath, 

AK.

49 CFR 172.101 Column (9B) ............ To reissue the special permit originally issued as 

an emergency as a permanent special permit. 

[FR Doc. 2011–6184 Filed 3–17–11; 8:45 am] 

BILLING CODE 4909–60–M 

DEPARTMENT OF TRANSPORTATION 

Pipeline and Hazardous Materials 

Safety Administration 

Office of Hazardous Materials Safety; 

Notice of Application for Special 

Permits 

AGENCY: Pipeline and Hazardous 

Materials Safety Administration 

(PHMSA), DOT. 

ACTION: List of applications for special 

permits. 

SUMMARY: In accordance with the 

procedures governing the application 

for, and the processing of, special 

permits from the Department of 

Transportation’s Hazardous Material 

Regulations (49 CFR part 107, subpart 

B), notice is hereby given that the Office 

of Hazardous Materials Safety has 

received the application described 

herein. Each mode of transportation for 

which a particular special permit is 

requested is indicated by a number in 

the ‘‘Nature of Application’’ portion of 

the table below as follows: 1—Motor 

vehicle, 2—Rail freight, 3—Cargo vessel, 

4—Cargo aircraft only, 5—Passengercarrying aircraft. 

DATES: Comments must be received on 

or before April 18, 2011. 

Address Comments To: Record 

Center, Pipeline and Hazardous 

Materials Safety Administration, U.S. 

Department of Transportation, 

Washington, DC 20590 

Comments should refer to the 

application number and be submitted in 

triplicate. If confirmation of receipt of 

comments is desired, include a selfaddressed stamped postcard showing 

the special permit number. 

FOR FURTHER INFORMATION CONTACT: 

Copies of the applications are available 

for inspection in the Records Center, 

East Building, PHH–30, 1200 New 


Emcdonald on DSK2BSOYB1PROD with NOTICES