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

American Government Special Collections Reference Desk

American Government Topics:  Goodyear

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

Claude H. Harris
National Highway Traffic Safety Administration
December 3, 2012


[Federal Register Volume 77, Number 232 (Monday, December 3, 2012)]
[Notices]
[Pages 71678-71679]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-29142]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2012-0107; Notice 1]


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

AGENCY: National Highway Traffic Safety Administration, DOT.

ACTION: Receipt of petition.

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SUMMARY: The Goodyear Tire & Rubber Company (GOODYEAR),\1\ has 
determined that certain Goodyear brand tires manufactured between April 
8, 2012 and May 12, 2012, do not fully comply with paragraph 
S5.5(c)&(d) of Federal Motor Vehicle Safety Standard (FMVSS) No. 139, 
New Pneumatic Radial Tires for Light Vehicles. Goodyear has filed an 
appropriate report dated July 20, 2012, pursuant to 49 CFR part 573, 
Defect and Noncompliance Responsibility and Reports.
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    \1\ Goodyear Tire & Rubber Company, is a manufacturer of 
replacement equipment and is registered under the laws of 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 submitted a petition 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.
    Vehicles Involved: Affected are approximately 1,692 Goodyear 
Wrangler AT/S, size LT 275/65R18 brand tires manufactured between April 
8, 2012, and May 12, 2012 at its plant in Gadsden, Alabama.
    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 subject 1,692 \2\ tires that Goodyear no longer 
controlled at the time it determined that the noncompliance existed.
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    \2\ Goodyear's petition, which was filed under 49 CFR Part 556, 
requests an agency decision to exempt Goodyear as an equipment 
manufacturer from the notification and recall responsibilities of 49 
CFR Part 573 for the 1,692 affected tires. However, a decision on 
this petition will not relieve vehicle distributors and dealers of 
the prohibitions on the sale, offer for sale, 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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    Noncompliance: Goodyear explains that the noncompliance is that, 
due to a mold labeling error, the subject tires are incorrectly labeled 
as LR-E/Max Load 3415 lbs Max Pressure 80 psi when they should have 
been labeled as LR-CE/Max Load 2535 lbs Max Pressure 50 psi and thus do 
not conform to the requirements of 49 CFR 571.139 paragraph 
S5.5(c)&(d).
    Rule Text: Paragraph S5.5 of FMVSS No. 139 requires in pertinent 
part:

    S5.5 Tire markings. Except as specified in paragraphs (a) 
through (i) of S5.5, each tire must be marked on each sidewall with 
the information specified in S5.5(a) through (d) and on one side-
wall with the information specified in S5.5(e) through (i) according 
to the phase-in schedule specified in S7 of this standard. The 
markings must be placed between the maximum section width and the 
bead on at least one sidewall, unless the maximum section width of 
the tire is located in an area that is not more than one-fourth of 
the distance from the bead to the shoulder of the tire. If the 
maximum section width that falls within that area, those markings 
must 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 must be in letters and numerals not less than 0.078 inches 
high and raised above or sunk below the tire surface not less than 
0.015 inches * * *
    (c) The maximum permissible inflation pressure, subject to the 
limitations of S5.5.4 through S5.5.6 of this standard;
    (d) The maximum load rating and for LT tire, the letter 
designating the tire load range * * *

    Summary of Goodyear's Analysis and Arguments:
    Goodyear believes that while the noncompliant tires incorrectly 
state the load range as required by FMVSS No. 139, it is 
inconsequential as it relates to motor vehicle safety for the following 
reasons:
    1. The subject tires meet or exceed all applicable FMVSS 
performance standards for a tire labeled as either load range ``E'' or 
``C''.
    2. All other markings related to tire service (load capacity, 
corresponding inflation pressure, etc. * * *) are also correct for the 
mislabeled tires.
    3. The subject tires are identical to the intended LR-C tire with 
the exception of the sidewall labeling, and therefore, do not present a 
safety concern.
    Goodyear has additionally informed NHTSA that it has corrected 
future production and that all other tire labeling information is 
correct.
    In summation, Goodyear believes that the described noncompliance of 
its tires is inconsequential to motor vehicle safety, and that its 
petition, to exempt it 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 should be granted.
    Comments: 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 a.m. to 5 p.m. 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

[[Page 71679]]

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 2, 2013.

    Authority:  49 U.S.C. 30118, 30120: Delegations of authority at 
CFR 1.95 and 501.8.

    Issued on: November 28, 2012.
Claude H. Harris,
Director, Office of Vehicle Safety Compliance.
[FR Doc. 2012-29142 Filed 11-30-12; 8:45 am]
BILLING CODE 4910-59-P



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