[Federal Register Volume 77, Number 13 (Friday, January 20, 2012)]
[Notices]
[Pages 3031-3032]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-938]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2010-0174; Notice 2]


The Goodyear Tire & Rubber Company, Grant of Petition for 
Decision of Inconsequential Noncompliance

AGENCY: National Highway Traffic Safety Administration, DOT.

ACTION: Notice of petition grant.

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SUMMARY: The Goodyear Tire & Rubber Company (Goodyear) \1\ has 
determined that certain Goodyear commercial truck tires manufactured 
between April 2007 and July 2010 did not fully comply with 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).
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    \1\ The Goodyear Tire & Rubber Company (Goodyear) is a State of 
Ohio corporation that manufactures replacement motor vehicle 
equipment.
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    Pursuant to 49 U.S.C. 30118(d) and 30120(h) and the rule 
implementing those provisions 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.
    Notice of receipt of Goodyear's petition was published with a 30-
day public comment period, on December 28, 2010, in the Federal 
Register (75 FR 81712). No comments were received. To view the petition 
and all supporting documents log onto the Federal Docket Management 
System Web site at: http://www.regulations.gov/. Then follow the online 
search instructions to locate docket number ``NHTSA-2010-0174.''
    Contact Information: For further information on this decision, 
contact Mr. George Gillespie, Office of Vehicle Safety Compliance, the 
National

[[Page 3032]]

Highway Traffic Safety Administration (NHTSA), telephone (202) 366-
5299, facsimile (202) 366-7002.
    Summary of Goodyear's 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.
    Goodyear explains that the noncompliance is that, due to a mold 
labeling error, the sidewall marking on 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 Decision: The agency agrees with Goodyear that the 
noncompliances are inconsequential to motor vehicle safety. The agency 
believes that the true measure of inconsequentiality to motor vehicle 
safety in this case is that there is no effect of the noncompliances on 
the operational safety of vehicles on which these tires are mounted. 
The safety of people working in the tire retread, repair and recycling 
industries must also be considered. Although tire construction affects 
the strength and durability, neither the agency nor the tire industry 
provides information relating tire strength and durability to the 
number of plies and types of ply cord material in the tread and 
sidewall. Therefore, tire dealers and customers should consider the 
tire construction information along with other information such as load 
capacity, maximum inflation pressure, and tread wear, temperature, and 
traction ratings, to assess performance capabilities of various tires.
    In the agency's judgment, the incorrect labeling of the tire 
construction information will have an inconsequential effect on motor 
vehicle safety because most consumers do not base tire purchases or 
vehicle operation parameters on the ply material in a tire.
    The agency also believes the noncompliance will have no measureable 
effect on the safety of the tire retread, repair, and recycling 
industries. The use of steel cord construction in the sidewall and 
tread is the primary safety concern of these industries. In this case, 
because the sidewall markings indicate that some steel plies exist in 
the tire sidewall, this potential safety concern does not exist.
    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, this decision 
only applies to the 38,991 \2\ tires that Goodyear no longer controlled 
at the time that it determined that a noncompliance existed in the 
subject tires.
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    \2\ Goodyear's petition, which was filed under 49 CFR part 556, 
requests an agency decision to exempt Goodyear as a manufacturer 
from the notification and recall responsibilities of 49 CFR 573 for 
38,991 of the affected tires. However, a decision on this petition 
cannot relieve distributors and dealers 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 notified them that the subject noncompliance 
existed.
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    In consideration of the foregoing, NHTSA has decided that Goodyear 
has met its burden of persuasion that the subject FMVSS No. 119 
labeling noncompliances are inconsequential to motor vehicle safety. 
Accordingly, Goodyear's petition is granted and the petitioner is 
exempted from the obligation of providing notification of, and a remedy 
for, the subject noncompliance under 49 U.S.C. 30118 and 30120.

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

    Issued on: January 12, 2012.
Claude H. Harris,
Director, Office of Vehicle Safety Compliance.
[FR Doc. 2012-938 Filed 1-19-12; 8:45 am]
BILLING CODE 4910-59-P