Federal Register / Vol. 69, No. 195 / Friday, October 8, 2004 / Notices 60459

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 30, 2004. 

Kenneth N. Weinstein, 

Associate Administrator for Enforcement.

[FR Doc. 04–22621 Filed 10–7–04; 8:45 am] 

BILLING CODE 4910–59–P

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

DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety 

Administration 

[Docket No. NHTSA 2004–18714; Notice 2] 

Volkswagen of America, Inc., Grant of 

Petition for Decision of 

Inconsequential Noncompliance 

Volkswagen of America, Inc. 

(Volkswagen) has determined that label 

information on certain vehicles that it 

produced in 2003 and 2004 does not 

comply with S5.3 of 49 CFR 571.120, 

Federal Motor Vehicle Safety Standard 

(FMVSS) No. 120, ‘‘Tire selection and 

rims for motor vehicles other than 

passenger cars.’’ Pursuant to 49 U.S.C. 

30118(d) and 30120(h), Volkswagen 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 August 11, 2004, in the 

Federal Register (69 FR 48907). NHTSA 

received no comments. 

A total of approximately 23,017 

Volkswagen Touareg MPV vehicles 

produced between November 3, 2003 

and July 2, 2004 are affected. S5.3 of 

FMVSS No. 120, ‘‘Label information,’’

requires that the certification label or a 

separate tire information label shall 

show certain information about the tires 

and rims, as specified in S5.3.1 and 

S5.3.2. S5.3.1, ‘‘Tires,’’ refers to ‘‘The 

size designation * * * and the 

recommended cold inflation pressure 

for those tires * * * .’’ S5.3.2, ‘‘Rims,’’

refers to ‘‘The size designation * * * of 

Rims * * * appropriate for those tires.’’

Volkswagen chose to use a separate 

label on the affected vehicles that does 

not contain the rim size markings 

required by S5.3.2. 

Volkswagen believes that the 

noncompliance is inconsequential to 

motor vehicle safety and that no 

corrective action is warranted. 

Volkswagen stated the following:

Volkswagen believes that the lack of rim size 

information on any of the labels does not 

create a risk to motor vehicle safety because 

any replacement tires of equivalent size to 

the factory installed tires or to any factory