81712 Federal Register / Vol. 75, No. 248 / Tuesday, December 28, 2010 / Notices 

1The Goodyear Tire & Rubber Company 

(Goodyear) is a State of Ohio corporation that 

manufactures replacement motor vehicle 

equipment. 

for importation into the United States 

because they are substantially similar to 

vehicles that were originally 

manufactured for importation into and 

sale in the United States and that were 

certified by their manufacturer as 

complying with the safety standards 

(the U.S.-certified version of the 1991 

Rice Beaufort Double trailers,) and they 

are capable of being readily altered to 

conform to the standards. 

DATES: The closing date for comments 

on the petition is January 27, 2011. 

ADDRESSES: Comments should refer to 

the docket and notice numbers above 

and be submitted by any of the 

following methods: 

• Federal eRulemaking Portal: Go to 

http://www.regulations.gov. Follow the 

online instructions for submitting 

comments. 

• Mail: Docket Management Facility: 

U.S. Department of Transportation, 1200 

New Jersey Avenue, SE., West Building 

Ground Floor, Room W12–140, 

Washington, DC 20590–0001. 

• Hand Delivery or Courier: West 

Building Ground Floor, Room W12–140, 

1200 New Jersey Avenue, SE., between 

9 a.m. and 5 p.m. ET, Monday through 

Friday, except Federal holidays. 

• Fax: 202–493–2251. 

Instructions: 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, self-addressed postcard with 

the comments. Note that all comments 

received will be posted without change 

to http://www.regulations.gov, including 

any personal information provided. 

Please see the Privacy Act heading 

below. 

Privacy Act: Anyone is able to search 

the electronic form of all comments 

received into any of our dockets by the 

name of the individual submitting the 

comment (or signing the comment, if 

submitted on behalf of an association, 

business, labor union, etc.). You may 

review DOT’s complete Privacy Act 

Statement in the Federal Register 

published on April 11, 2000 (65 FR 

19477–78). 

How to Read Comments Submitted to 

the Docket: You may read the comments 

received by Docket Management at the 

address and times given above. You may 

also view the documents from the 

Internet at http://www.regulations.gov. 

Follow the online instructions for 

accessing the dockets. The docket ID 

number and title of this notice are 

shown at the heading of this document 

notice. Please note that even after the 

comment closing date, we will continue 

to file relevant information in the 

Docket as it becomes available. Further, 

some people may submit late comments. 

Accordingly, we recommend that you 

periodically search the Docket for new 

material. 

FOR FURTHER INFORMATION CONTACT: 

Coleman Sachs, Office of Vehicle Safety 

Compliance, NHTSA (202–366–3151). 

SUPPLEMENTARY INFORMATION: 

Background 

Under 49 U.S.C. 30141(a)(1)(A), a 

motor vehicle that was not originally 

manufactured to conform to all 

applicable FMVSS shall be refused 

admission into the United States unless 

NHTSA has decided that the motor 

vehicle is substantially similar to a 

motor vehicle originally manufactured 

for importation into and sale in the 

United States, certified under 49 U.S.C. 

30115, and of the same model year as 

the model of the motor vehicle to be 

compared, and is capable of being 

readily altered to conform to all 

applicable FMVSS. Petitions for 

eligibility decisions may be submitted 

by either manufacturers or importers 

who have registered with NHTSA 

pursuant to 49 CFR Part 592. As 

specified in 49 CFR 593.7, NHTSA 

publishes notice in the Federal Register 

of each petition that it receives, and 

affords interested persons an 

opportunity to comment on the petition. 

At the close of the comment period, 

NHTSA decides, on the basis of the 

petition and any comments that it has 

received, whether the vehicle is eligible 

for importation. The agency then 

publishes this decision in the Federal 

Register. 

J.K. Technologies, LLC (‘‘JK’’), of 

Baltimore, Maryland (Registered 

Importer 90–006) has petitioned NHTSA 

to decide whether nonconforming 1991 

Rice Beaufort Double trailers are eligible 

for importation into the United States. 

The vehicles which JK believes are 

substantially similar are 1991 Rice 

Beaufort Double trailers that were 

manufactured for sale in the United 

States and certified by their 

manufacturer as conforming to all 

applicable FMVSS. The petitioner states 

that it compared non-U.S. certified 1991 

Rice Beaufort Double trailers to their 

U.S.-certified counterparts, and found 

the vehicles to be substantially similar 

to the U.S. certified model 1991 Rice 

Beaufort Double trailers. 

The petitioner contends that the 

nonconforming 1991 Rice Beaufort 

Double trailers are capable of being 

readily altered to meet the following 

standards, in the manner indicated: 

Standard No. 108 Lamps, Reflective 

Devices and Associated Equipment: 

installation of conforming reflex 

reflectors, tail lamps, license plate 

lamps, rear side marker lamps, front 

side marker lamps, intermediate side 

markers lamps, rear identification 

lamps, and front and rear clearance 

lamps, to achieve compliance with the 

standard. 

Standard No. 119 New Pneumatic 

Tires for Vehicles Other than Passenger 

Cars: inspection of all vehicles and 

replacement of any nonconforming tires 

with ones that meet the standard. 

Standard No. 120 Tire Selection and 

Rims for Motor Vehicles Other than 

Passenger Cars: installation of a tire 

information placard, and inspection of 

all vehicles and replacement of any 

nonconforming rims with ones that 

meet the standard. 

All comments received before the 

close of business on the closing date 

indicated above will be considered, and 

will be available for examination in the 

docket at the above address both before 

and after that date. To the extent 

possible, comments filed after the 

closing date will also be considered. 

Notice of final action on the petition 

will be published in the Federal 

Register pursuant to the authority 

indicated below. 

Authority: 49 U.S.C. 30141(a)(1)(A) and 

(b)(1); 49 CFR 593.8; delegations of authority 

at 49 CFR 1.50 and 501.8. 

Issued on: December 20, 2010. 

Claude H. Harris, 

Acting Associate Administrator for 

Enforcement. 

[FR Doc. 2010–32559 Filed 12–27–10; 8:45 am] 

BILLING CODE 4910–59–P 

DEPARTMENT OF TRANSPORTATION 

National Highway Traffic Safety 

Administration 

[Docket No. NHTSA–2010–0174; Notice 1] 

The Goodyear Tire & Rubber 

Company, Receipt of Petition for 

Decision of Inconsequential 

Noncompliance 

The Goodyear Tire & Rubber 

Company (Goodyear) 1 has determined 

that certain Goodyear commercial truck 

tires manufactured between April 2007 

and July 2010 do not fully comply with 


emcdonald on DSK2BSOYB1PROD with NOTICES
Federal Register / Vol. 75, No. 248 / Tuesday, December 28, 2010 / Notices 81713 

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 the 38,991 

tires that were delivered to its customers in the 

United States. 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. In 

addition, any of the affected tires that Goodyear has 

not delivered to its customers must be brought into 

compliance, exported or destroyed. 

the requirements of paragraph S6.5(f) of 

Federal Motor Vehicle Safety Standard 

(FMVSS) No. 119, New Pneumatic Tires 

for Motor Vehicles with a GVWR of 

more than 4,536 Kilograms (10,000 

Pounds) and Motorcycles. Goodyear has 

filed an appropriate report pursuant to 

49 CFR part 573, Defect and 

Noncompliance Responsibility and 

Reports, dated August 12, 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 43,887 

Goodyear G622 LR–F commercial truck 

tires manufactured from April 2007 to 

July 2010. A total of approximately 

38,991 of these tires have been delivered 

to Goodyear’s customers in the United 

States and Canada. 

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.2

Paragraph S6.5 of FMVSS No. 119 

requires in pertinent part: 

S6.5 Tire markings. Except as specified in 

this paragraph, each tire shall be marked on 

each sidewall with the information specified 

in paragraphs (a) through (j) of this section. 

The markings shall be placed between the 

maximum section width (exclusive of 

sidewall decorations or curb ribs) and the 

bead on at least one sidewall, unless the 

maximum section width of the tire is located 

in an area which 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, the markings shall 

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 shall be in letters and numerals not 

less than 2 mm (0.078 inch) high and raised 

above or sunk below the tire surface not less 

than 0.4 mm (0.015 inch), except that the 

marking depth shall be not less than 0.25mm 

(0.010 inch) in the case of motorcycle tires. 

The tire identification and the DOT symbol 

labeling shall comply with part 574 of this 

chapter. Markings may appear on only one 

sidewall and the entire sidewall area may be 

used in the case of motorcycle tires and 

recreational, boat, baggage, and special trailer 

tires. . . 

(f) The actual number of plies and the 

composition of the ply cord material in the 

sidewall and, if different, in the tread area; 

Goodyear explains that the 

noncompliance is that, due to a mold 

labeling error, the sidewall marking on 

the reference side of the tires incorrectly 

identifies the number of plies as ‘‘Tread 

5 Plies Steel’’ when in fact it should be 

identified as ‘‘Tread 4 Plies Steel’’ on the 

sidewall of the tires as required by 

paragraph S6.5(f) of FMVSS No. 119. 

Goodyear also explains that while the 

non-compliant tires are mislabeled, all 

of the tires included in this petition 

meet or exceed the performance 

requirements of FMVSS No. 119. 

Goodyear argues that this 

noncompliance is inconsequential to 

motor vehicle safety because the 

noncompliant sidewall marking does 

not create an unsafe condition and all 

other labeling requirements have been 

met. 

Goodyear also 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. 

119 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. 

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. 

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 am to 5 pm 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: January 27, 

2011. 


emcdonald on DSK2BSOYB1PROD with NOTICES