
[Federal Register: May 12, 2008 (Volume 73, Number 92)]
[Notices]               
[Page 27023-27024]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr12my08-71]                         

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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2008-0086; Notice 1]

 
Goodyear Dunlop Tires North America, Ltd., Receipt of Petition 
for Decision of Inconsequential Noncompliance

    Goodyear Dunlop Tires North American, Ltd, (GDTNA), has determined 
that certain tires that it manufactured during the period beginning 
January 2003 through July 2004, do not fully comply with paragraph 
S6.5(f) of 49 CFR 571.119 (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. GDTNA has 
filed an appropriate report pursuant to 49 CFR Part 573, Defect and 
Noncompliance Responsibility and Reports.
    Pursuant to 49 U.S.C. 30118(d) and 30120(h) (see implementing rule 
at 49 CFR part 556), GDTNA 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 GDTNA'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 3,050 150/60R18 Dunlop D251 motorcycle 
tires produced from January 2003 through July 2004. Paragraph S6.5(f) 
of 49 CFR 571.119 requires:

    S6.5(f) The actual number of piles and the composition of the 
ply cord material in the sidewall and, if different, in the tread 
area.

    GDTNA explained that the subject tires are marketed with incorrect 
construction materials information on the sidewalls. The labeling 
incorrectly lists ``TREAD 5 PLIES 2 RAYON + 3 NYLON'' and ``SIDEWALL: 2 
PLIES 2 RAYON'' whereas this labeling should be ``TREAD 4 PLIES 2 NYLON 
+ 2 NYLON'' and ``SIDEWALL 2 PLIES 2 NYLON''.
    GDTNA stated that it believes the noncompliance is inconsequential 
to motor vehicle safety because most consumers do not base tire 
purchase or vehicle operation on the construction information listed on 
the tire sidewalls, the tires meet or exceed all other applicable 
FMVSS, they were designed, manufactured and tested to the standards and 
regulations as applicable, and they meet all of the internal and 
regulatory performance test requirements.
    GDTNA also stated that it has corrected the problem with the 
affected tire mold and that all subsequent production will have the 
correct material information shown on the sidewall.
    GDTNA additionally stated that no customer complaints have been 
received.
    GDTNA requested that NHTSA consider its petition and grant an 
exemption from the recall requirements of the National Traffic and 
Motor Vehicle Safety Act on the basis that the noncompliance described 
above is inconsequential as it relates to motor vehicle safety.
    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, 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.
    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: June 11, 2008.


[[Page 27024]]


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

    Issued on: May 5, 2008.
Claude H. Harris,
Director, Office of Vehicle Safety Compliance.
 [FR Doc. E8-10481 Filed 5-9-08; 8:45 am]

BILLING CODE 4910-59-P
