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

Topics:  Goodyear

Claude H. Harris
National Highway Traffic Safety Administration
December 28, 2010

[Federal Register: December 28, 2010 (Volume 75, Number 248)]
[Notices]               
[Page 81712-81713]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr28de10-206]                         

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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2010-0174; Notice 1]

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

    The Goodyear Tire & Rubber Company (Goodyear) \1\ has determined 
that certain Goodyear commercial truck tires manufactured between April 
2007 and July 2010 do not fully comply with the requirements of 
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) (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.
    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.
    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 and Canada.
    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

[[Page 81713]]

noncompliance and to remedy the defect or noncompliance.\2\
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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 the 38,991 tires that were 
delivered to its customers in the United States. However, the agency 
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. Those tires must be brought into conformance, exported, or 
destroyed. In addition, any of the affected tires that Goodyear has 
not delivered to its customers must be brought into compliance, 
exported or destroyed.
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    Paragraph S6.5 of FMVSS No. 119 requires in pertinent part:

    S6.5 Tire markings. Except as specified in this paragraph, each 
tire shall be marked on each sidewall with the information specified 
in paragraphs (a) through (j) of this section. The markings shall be 
placed between the maximum section width (exclusive of sidewall 
decorations or curb ribs) and the bead on at least one sidewall, 
unless the maximum section width of the tire is located in an area 
which is not more than one-fourth of the distance from the bead to 
the shoulder of the tire. If the maximum section width falls within 
that area, the markings shall 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 shall be in letters and numerals 
not less than 2 mm (0.078 inch) high and raised above or sunk below 
the tire surface not less than 0.4 mm (0.015 inch), except that the 
marking depth shall be not less than 0.25mm (0.010 inch) in the case 
of motorcycle tires. The tire identification and the DOT symbol 
labeling shall comply with part 574 of this chapter. Markings may 
appear on only one sidewall and the entire sidewall area may be used 
in the case of motorcycle tires and recreational, boat, baggage, and 
special trailer tires. . .
    (f) The actual number of plies and the composition of the ply 
cord material in the sidewall and, if different, in the tread area;

    Goodyear explains that the noncompliance is that, due to a mold 
labeling error, the sidewall marking on the reference side of 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 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: January 27, 2011.

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

    Issued on: December 20, 2010.
Claude H. Harris,
Acting Associate Administrator for Enforcement.
[FR Doc. 2010-32558 Filed 12-27-10; 8:45 am]
BILLING CODE 4910-59-P