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[Federal Register Volume 77, Number 12 (Thursday, January 19, 2012)]
[Notices]
[Pages 2775-2776]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-933]

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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2011-0033; Notice 2]

Goodyear Tire and 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: 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, did 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).
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    \1\ Goodyear Tire and Rubber Company (Goodyear) is a replacement 
equipment manufacturer incorporated in the state of Ohio.
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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 March 18, 2011, in the Federal Register 
(76 FR 15045). 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-2011-0033.''
    Contact Information: For further information on this decision 
contact Mr. George Gillespie, Office of Vehicle Safety Compliance, the 
National Highway Traffic Safety Administration (NHTSA), telephone (202) 
366-5299, facsimile (202) 366-7002.
    Summary of Goodyear's 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.
    Goodyear explains that the noncompliance is that, due to a mold 
labeling error, the sidewall marking on 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.
    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. 
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.

[[Page 2776]]

    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.
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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 replacement 
equipment manufacturer from the notification and recall 
responsibilities of 49 CFR part 573 for 26,224 of the affected 
tires. However, a decision on this petition 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.

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

    Issued on: January 12, 2012.
Claude H. Harris,
Director, Office of Vehicle Safety Compliance.
[FR Doc. 2012-933 Filed 1-18-12; 8:45 am]
BILLING CODE 4910-59-P
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