[Federal Register Volume 76, Number 228 (Monday, November 28, 2011)]
[Notices]
[Pages 73007-73008]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-30569]
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DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
[Docket No. NHTSA-2010-0080; Notice 2]
Goodyear Tire and Rubber Company, Grant of Petition for Decision
of Inconsequential Noncompliance
AGENCY: National Highway Traffic Safety Administration, DOT.
ACTION: Grant of Petition for Decision of Inconsequential
Noncompliance.
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SUMMARY: Goodyear Tire and Rubber Company, (Goodyear),\1\ has
determined that approximately 14,826 passenger car replacement tires
manufactured between August of 2007 and May of 2009, do not fully
comply with paragraph S5.5(f) 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
[[Page 73008]]
Responsibility and Reports (Dated July 8, 2009).
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\1\ Goodyear Tire and Rubber Company (Goodyear) a replacement
equipment manufacturer is incorporated in the state of Ohio.
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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.
Notice of receipt of Goodyear's petition was published, with a 30-
day public comment period, on June 25, 2010, in the Federal Register
(75 FR 36472). 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-2010-0080.''
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.
Affected are approximately 14,826 sizes P195/55R15 84V and P225/
60R16 97H Goodyear brand Arizonian Silver Edition Plus model passenger
car tires manufactured between August of 2007 and May of 2009 at
Goodyear's plant located in Otrokovice, Czech Republic.
Goodyear explains that the noncompliance is that, due to a mold
labeling error, the sidewall marking on the reference side of the tires
incorrectly describes the actual number of plies in the tread area of
the tires as required by paragraph S5.5(f). Specifically, the tires in
question were inadvertently manufactured with ``Tread Plies: 2
Polyester + 2 steel.'' The labeling should have been ``Tread Plies: 2
Polyester + 1 polyamide + 2 steel.
Goodyear also explains that while the non-compliant tires are
mislabeled ``the tires meet or exceed all applicable Federal Motor
Vehicle Safety Standards.''
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 points out that NHTSA has previously granted similar
petitions for noncompliances 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 the 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 measurable
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,
since the tire sidewalls do not contain steel plies, 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 14,826 \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 part 573
for the affected vehicles. 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 vehicles 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. 139
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: November 18, 2011.
Claude H. Harris,
Director, Office of Vehicle Safety Compliance.
[FR Doc. 2011-30569 Filed 11-25-11; 8:45 am]
BILLING CODE 4910-59-P